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law;

2. He must have legal capacity to sue; and 3. He must be the real party in interest.

PLAINTIFFS – those having an interest in the subject matter of the action or in obtaining the relief demanded.

DEFENDANTS:

1. Persons who claim an interest in the controversy or the subject thereof adverse to the plaintiff; or

2. Who are necessary to a complete determination or settlement of the questions involved therein; or

3. All those who ordinarily should be joined as plaintiffs but who do not consent thereto, the reason therefore being stated in the complaint.

“Ventura v. Militante

Neither a dead person nor his estate may be a party plaintiff in a court action. Capacity to be sued is correlative of the capacity to sue, to the same extent, a descendant does not have the capacity to be sued and may not be named a party defendant in a court action.

Who can be Parties in a Civil Action?

Only natural or juridical persons or entities authorized by law may be parties to a civil action.

What is meant by Legal Capacity to Sue and Be Sued

It means that the party is free from general disability such as minority or insanity. And in the case of a juridical person, it must be registered.

Examples of entities authorized by law – estate of a deceased, political party, registered labor union, Roman Catholic Church as a corporation sole, etc.

Not all Parties may be made Parties to a Case

As a general rule, all parties for whom or against whom the case is filed must be made parties to the case.

The following are the exceptions:

1. Class Suit – if there are 10,000 members in the class, need not include all of them. Twenty is enough.

2. Two or more persons associated in business under a common name (Section 12, Rule 3).

3. Any of the co-owners may file an action.

Sec. 2. Parties in Interest.

REAL PARTY IN INTEREST - The party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Unless otherwise authorized by law or these Rules, every action must be prosecuted or

defended in the name of the real party in interest.

Who is a real party in interest?

He is the party who stands to be benefited or injured by the judgment in the suit or the party entitled to the avails of the suit.

Legal Standing (Locus Standi) v. Real Party in Interest

Legal standing or locus standi is a constitutional law concept; while real party in interest is a civil procedure concept.

Every action must be prosecuted or defended in the name of the real party in interest.

What is the meaning of interest in Section 2?

It means material interest. It is the interest in issue or the interest to be affected by the decree as distinguished from a mere incidental or inchoate interest.

Example: An action for recovery of possession cannot be maintained against a person who is not in possession. Like replevin, for instance, you sue the person in possession even if such person in possession is not the owner.

Same is true with forcible entry. It is also possessory action. File the case against the person having possession of the property.

What is the consequence or remedy if an action is not brought in the name of the real party in interest?

The legal remedy is to file a motion to dismiss on the ground of lack of cause of action. This is because a person who is not a real party in interest has no right that has been violated.

As mentioned, a cause of action only arises if there is a right which has been violated by another and such violation caused damage or prejudice to the person whose right was violated.

Failure to State a Cause of Action vs. Failure to Prove a Cause of Action Do not confuse failure to state a cause of action from failure to prove a cause of action.

Failure to state a cause of action is a ground for a motion to dismiss under Rule 16; failure to prove a cause of action is a ground for a motion to dismiss under the rule on demurrer to evidence.

Real Party in Interest may not Bring the Case Personally

While an action should always be brought in the name of a real party in interest, it is not essential that the said party bring up the case personally. An attorney in fact is allowed.

Sec. 3. Representatives as parties.

Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest. A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party authorized by law or these Rules. An agent acting in his own name and for the benefit of an undisclosed principal may sue or be sued

without joining the principal except when the contract involves things belonging to the principal.

Who are the representatives mentioned in Section 3?

1. Trustee of an express trust;

2. Guardian, in favor of the ward;

3. Executor or administrator of the estate;

4. Party auth by the law or rule, such as a labor union or political party.

Agent Acting in His Own Name and for the Benefit of An Undisclosed Principal

An agent acting in his own name or for the benefit of an undisclosed principal may sue or be sued without joining the principal, except if the contract involves things belonging to the principal.

If Actions allowed to be Prosecuted by a Representative

Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title.

If it is the guardian who files the case, then the ward should be included in the title of the case, since the ward is the beneficiary of the case filed by the guardian.

If it is the administrator or executor, place “Estate of X.”

The impleading of the beneficiary is mandatory because he is actually the real party in interest.

Who is the real party in interest?

The principal or person represented, or the beneficiary.

Who else are considered as representatives?

The receiver is considered as a representative of the court. He is not a representative of plaintiff or the defendant. He is tasked to conserve and preserve the property.

Classification of Parties 1. Indispensable 2. Necessary 3. Representative 4. Pro forma 5. Quasi Formal Parties

Formal or proper parties are those who have no interest in the controversy between immediate litigants.

If you file a petition for certiorari against the judge, the judge is not the real party in interest. He is only a formal party. The rule does not require the judge to answer. It is the party who is interested in sustaining the order or act of the judge who should answer the petition for certiorari.

Nominal Parties

Nominal parties are those who are joined as plaintiffs or defendants not because they have real interest in the subject matter or because any relief is demanded against them, but merely because the technical rules of pleading require their presence on the record.

Sec. 4. Spouses as parties.

Husband and wife shall sue or be sued jointly, except as provided by law.

Sec.5. Minor or incompetent persons.

A minor or a person alleged to be incompetent, may sue or be sued, with the assistance of his father, mother, guardian, or if he has none, a guardian ad item.

 A person need not be judicially declared to be incompetent in order that the court may appoint a guardian ad item. It is enough that he be alleged to be incompetent.

Again, what are the instances wherein the beneficiaries are required to be included in the title of the case? These are cases when the following act as parties to the case:

1. Trustee of an express trust, 2. A guardian,

3. An executor or administrator, or

4. A party authorized by law or these Rules, and

5. An agent acting his own name and for the benefit of an undisclosed principal may sue or be sued without joining the principal, when the contract involves things belonging to the principal.

Minors or Incompetent Persons

As a general rule, a minor cannot sue or be sued. The exception: if he is assisted by father, mother, guardian or if the minor has none of the above, a guardian ad litem.

The complaint filed by the guardian must disclose who the ward is.

Guardian ad litem must attach the order of the court appointing him as the guardian ad litem. If not, motion to dismiss (no legal capacity).

Sec. 6. Permissive joinder of parties.

Permissive Joinder of Parties

They must be joined as plaintiffs or defendants in one complaint where any question of law or fact common to all such plaintiffs or common to all such defendants may arise in the action.

What Transactions Refer To

Transaction refers not only to stipulation or agreement but any event resulting in wrong without regard as to whether it has been done by violence, neglect or breach of contract.

In joinder of causes of action, it is enough that the COA arose out of the same contract, transaction, or relation. There is no need of a common question of fact or

law.

Requisites for Joinder of Parties

1. It must arise from the same transaction or series of transactions;

2. There must be a common question of fact and law;

Series of Transactions

This means separate dealings with parties.

Sec.7. Compulsory joinder of indispensable parties.

Who are indispensable parties?

They are parties in interest without whom no final determination final determination can be had so they shall be joined either as plaintiffs or defendant.

If an indispensable party is not joined or pleaded, is a motion to dismiss the legal remedy?

Is motion to dismiss the legal remedy? No. If an indispensable party is not joined then he must be joined, either on motion of one of the parties or motu proprio.

If an Indispensable Party is not Joined During Trial

If during the trial, an indispensable party is not joined, the court cannot proceed with the trial without his presence. Trial must be stopped and court should order the inclusion of the indispensable party because his presence is a condition sine qua non for the exercise of judicial power.

Refusal to Obey the Court’s Order to plead an Indispensable Party

But suppose the court issued an order directing the plaintiff to plead an indispensable party but the plaintiff failed or refused to comply with the order of the court to plead the indispensable party, may the case be dismissed?

The answer is yes. It may be dismissed, not for failure to plead, but for failure or refusal to comply with the order of the court.

Sec. 8. Necessary party.

INDISPENSABLE PARTIES NECESSARY PARTIES