This case has been cited 1 times or more.
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2015-10-20 |
PERALTA, J. |
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| Locus standi is defined as a right of appearance in a court of justice on a given question. In private suits, standing is governed by the "real parties in interest" rule found in Section 2,[10] Rule 3 of the Rules of Court. Such concept of real party-in-interest is adapted in Section 2,[11] Rule VI of the 2014 Revised Rules of Procedure before the NCIP. That petitioners are the real parties in interest can be gleaned from the Entry of Appearance with Motion to Refer the Case to the Regional Hearing Office of the NCIP[12] filed by the NCIP Special Transition Team-Quick Response Unit (STRAT-QRU). The STRAT-QRU counsels alleged therein that the respondents' complaint for recovery of ownership (accion reinvidicatoria) sought to recover an unregistered real property situated in Miarayon, Bukidnon, from petitioners, all of whom are, with the exception of Nestor Macapayag and Mark Brazil, member-beneficiaries of CADT No. R10-TAL-0703-0010 issued by the NCIP in the name of the Talaandig Indigenous Peoples, located at Talakag, Province of Bukidnon. In support of their allegation, petitioners presented a certification[13] that the disputed land is within the area covered by the same CADT, and the NCIP List of Beneficiaries of Talaandig Ancestral Domain of Miarayon, Lirongan, Lapok, San Miguel, Talakag, Bukidnon.[14] In contrast, respondents failed to submit any evidence to dispute petitioners' claim that they are members of the Talaandig Tribe. Hence, respondents' contention that petitioners have no legal standing to file the petition, is without merit. | |||||