Rule 3 – PARTIES distinct from that of each shareholder,

partner or member.

Rule 1, Sec 3 – Parties A suit against a stockholder of a

corporation is not a suit against the
Plaintiff – is the claiming party and is the one latter.
who files the complaint. A judgment rendered against a
It does not apply to the original plaintiff. It may corporation is not a judgment rendered
also apply to a defendant who files a against a stockholder.
counterclaim, a cross-claim or a third party
complaint.
Entities authorized by law – one need
The rule defines the term “plaintiff”, as the not be a natural or juridical person to
claiming party, counter-claimant, the cross- be a party to a civil action. The rule adds
claimant or the third (fourth, etc.) –party a third possible party to a civil action
plaintiff. aside from natural persons and juridical
persons.

Defendant- does not only refer to the original As long as entity is authorized by law to
defending party. If a counterclaim is filed be a party, such entity may sue or be
against the original plaintiff he becomes a sued or both.
defendant, and the original defendant, a Examples:
plaintiff in the counterclaim. 1. Sec. 21 of the Corp. Code –
Corporation by estoppel- it is
Defendant – refer also to a defendant in a
precluded from denying its
counterclaim, the cross defendant, or the third
existence and the members thereof
(fourth, etc) party defendant.
can be sued and be held liable as
general partners.
2. A contract of partnership having a
Who may parties to a civil action:
capital of 3000.00 or more but
1. Natural Persons; which fails to comply with the
2. Juridical Persons; registration requirements is,
3. Entities authorized by law, nevertheless, liable as a partnership
to third person.
Juridical – Art. 44 of the Civil Code. 3. The estate of a deceased person is a
1. The State and its political subdivisions juridical entity that has a
2. Other corporations, institutions and personality of its own. It may be a
entities for public interest or purpose, party to an action.
created by lawl and 4. A legitimate labor organization may
3. Corporations, partnerships and be sue and be sued in its registered
associations for private interest or name.
purpose to which the law grants a 5. The Roman Catholic Church may be
juridical personality, separate and a party and as to its properties, the
 archbishop, or diocese to which that is made a party must be averred. (Rule 8,
they belong, may be a party. Sec.4).
6. A dissolved corporation may
A minor or an incompetent person may sue or
prosecute and defend suits by or
be sued. He can be a party but with the
against it provided that the suits
assistance of his father, mother, guardian or if
a. Occur within 3 years after
he has none, a guardian ad litem. (Rule 3, Sec.
its dissolution
5).
b. The suits are in connection
with the settlement and Rule 2 Sec. 3 – A real party in interest is the
closure of its affairs. party who stands to be benefited or injured by
the judgment in the suit, or the party entitled to
Entity without a juridical personality as a
the avails of the suit.
defendant.
- The intetest must be “real” which is a
Rule 3, Sec. 15 – when two or more persons not
present substantial interest as
organized as an entity with juridical personality
distinguished from a mere expectancy
enter into a transaction, they may be sued or
or a future, contingent, subordinate or
under the name by which they generally or
consequential interest,
commonly known.
- It is an interest that is material and
The responsive pleading of the entity sued must direct as distinguished from a mere
disclose the names and addresses of its incidental interest.
members since they are the persons ultimately
Rule 2, Sec. 3 – Unless otherwise authorized by
liable to the plaintiff.
law or by the Rules,”every action must be
The authority to be a party under this section is prosecuted or defended in the name of the real
confined only to being a defendant and not as a party in interest.
plaintiff. (“they may be sued”).
If a suit is not brought in the name of or
against the real party in interest, a motion to
dismiss may be filed on the ground that the
When a party impleaded is not a natural or a
complaint states no cause of action.
juridical person or an entity authorized by law, a
motion to dismiss may be filed on the ground If either of the parties is not the real
that “the plaintiff has no legal capacity to sue party in interest, the court cannot grant the
relief prayed for because that party has no legal
Defendant – not a natural or a juridical person
right or duty with respect to the other.
or an entity authorized by law, the complaint
may be dismissed on the ground that the Plaintiff – the owner of the right violated stands
“pleading asserting the claim states no cause of to be the real party in interest.
action”. (Rule 16,(1)(g)) – because a complaint
Defendant – person responsible for the
cannot possible state a cause of action against
violation.
one who cannot be a party to a civil action.
Doctrine of relativity of contracts – the
Facts showing the capacity of a party to sue or
contracts can only bind the parties who entered
be sued, or the authority of a party to sue or be
into it, and cannot favor or prejudice a third
sued in a representative capacity, or the legal
person. One who is not a party to a contract,
existence of an organized association of persons
and for whose benefit it was not expressly infringes on their prerogatives as
made, cannot maintain an action on it”. legislators.

A third party, who has not taken part in a

compromise agreement.
Plaintiff in environmental cases
GR: One who is not privy to a contract may not
A real party in interest including the
bring an action to enforce it.
government and juridical entities
XPN: A contract contains a stipulation a pour authorized by law, may file a civil action
autrui (a stipulation expressly conferring involving the enforcement or violation of
benefits to a third person). any environmental law.

Such person, in whose benefit the Ground for dismissal when a party is not the
stipulation was conferred by the parties, may real party in interest.
demand the fulfillment of the contract and even
- Rule 16 does not provide for a ground
sue under such contract, provided he accepted
for a motion to dismiss which directly
and communicated his acceptance of the
states that “the plaintiff or the
beneficial stipulation prior to its revocation.
defendant is not the real party in
Real Party in Interest – Criminal Prosecution interest. Instead the ground provided –
Sec. 1(g) of Rule 16 – “That the pleading
- People of the Philippines
asserting the claim states no cause of
The interest of the private offended party is action.
only in the civil aspect of the case.
If the plaintiff – has capacity to sue but he is
not the “real party-in-interest’, the ground
for dismissal is a “failure to state a cause of
Doctrine of Locu Standing action”.
- Legal standing refers to a personal and If the suit is not brought in the name of or
substantial interest in a case such that against the real party in interest, a motion
the party has sustained or will sustain to dismiss may be filed on the ground that
direct injury because of the challenged the complaint states no cause of action.
governmental act.
1. Taxpayers – there must be a showing of Rule 3, Sec. 3 – Representative as parties.
obvious interest in the validity of the
Some actions may be allowed to be
law in question;
prosecuted or defended by a representative
2. Voters- there must be a showing of
or someone acting in a fiduciary capacity
obvious interest in the validity of the
like a trustee of an express trust, a
law in question;
guardian, an executor or administrator, or a
3. Concerned Citizens – there must be a
party authorized by law or by the rules.
showing that the issues raised are of
transcendental importance which must Even where the action is allowed to be
be settled early; and prosecuted or defended by a representative
4. Legislators – there must be a claim that party or someone acting in a fiduciary
the official action complained of capacity, the beneficiary shall be included in
 the title of the case and shall be deemed to
be the real party in interest.

Impleading the beneficiary as a party is

mandatory since said beneficiary is deemed
to be the real party in interest.

Ex. PDIC – may prosecute or defend the

case by or against a bank as representative
party while the bank, which is under
conservatorship, will remain as the real
party in interest.

Citizen suit under the Rule of Procedure for

Environmental Cases.

Citizen suit – may be filed by any Filipino

citizen in representation of others, including
minors or generations yet unborn, to
enforce rights or obligations under
environmental laws.

This is a unique rule which authorized a suit

in representation of generations yet unborn
even if those represented are, at the time of
the filing of the suit, yet neither conceived
nor born.

When the suit is filed, the court shall issue

an order which shall contain the following:

a. A brief description of the cause of

action;
b. A brief description of the reliefs
prayed for and
c. An order requiring all interested
parties to manifest their interest to
intervene in the case within 15 days
notice thereof.

The plaintiff may publish the order once in a

newspaper of general circulation in the
Philippines of furnish all affected barangays
copies of said order.