This case has been cited 4 times or more.
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2013-03-06 |
BERSAMIN, J. |
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| To ensure the observance of the mandate of the Constitution, Section 2, Rule 3 of the Rules of Court requires that unless otherwise authorized by law or the Rules of Court every action must be prosecuted or defended in the name of the real party in interest.[29] Under the same rule, a real party in interest is one who stands to be benefited or injured by the judgment in the suit, or one who is entitled to the avails of the suit. Accordingly, a person , to be a real party in interest in whose name an action must be prosecuted, should appear to be the present real owner of the right sought to be enforced, that is, his interest must be a present substantial interest, not a mere expectancy, or a future, contingent, subordinate, or consequential interest.[30] Where the plaintiff is not the real party in interest, the ground for the motion to dismiss is lack of cause of action.[31] The reason for this is that the courts ought not to pass upon questions not derived from any actual controversy. Truly, a person having no material interest to protect cannot invoke the jurisdiction of the court as the plaintiff in an action.[32] Nor does a court acquire jurisdiction over a case where the real party in interest is not present or impleaded. | |||||
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2008-03-28 |
CHICO-NAZARIO, J. |
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| It is clear that under Article 1311 of the Civil Code, contracts take effect only between the parties who execute them.[35] Where there is no privity of contract, there is likewise no obligation or liability to speak about.[36] The civil law principle of relativity of contracts provides that contracts can only bind the parties who entered into it, and it cannot favor or prejudice a third person, even if he is aware of such contract and has acted with knowledge thereof.[37] Since a contract may be violated only by the parties thereto as against each other, a party who has not taken part in it cannot sue for performance, unless he shows that he has a real interest affected thereby.[38] | |||||
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2006-01-31 |
PANGANIBAN, CJ. |
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| As an exception, parties who have not taken part in a contract may show that they have a real interest affected by its performance or annulment.[38] In other words, those who are not principally or subsidiarily obligated in a contract, in which they had no intervention, may show their detriment that could result from it.[39] Contracts pour autrui are covered by this exception.[40] In this latter instance, the law requires that the "contracting parties must have clearly and deliberately conferred a favor upon a third person." A "mere incidental benefit is not enough." | |||||
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2003-08-15 |
CARPIO, J. |
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| The 1997 Rules of Civil Procedure require that every action must be prosecuted or defended in the name of the real party-in-interest who is the party who stands to benefit or suffer from the judgment in the suit.[25] If one who is not a real party-in-interest brings the action, the suit is dismissible for lack of cause of action.[26] | |||||