Parties & Real Parties-In-Interest


PARTIES TO A CIVIL ACTION

[1] Real Parties in interest
[2] Indispensable parties
[3] Representatives as parties
[4] Necessary parties
[5]Indigent Parties
[6] Alternative defendants

WHO ARE REAL PARTIES IN INTEREST?

A real party in interest 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. Unless authorized by law or the Rules of Court, every action must be prosecuted and defended in the name of the real party in interest. (Rule 3, Sec. 2).

A real party in interest PLAINTIFF is one who has a LEGAL RIGHT, while a real party in interest DEFENDANT is one who has a correlative LEGAL OBLIGATION whose act or omission violates the legal right of the former.

What is "real interest"? Real interest is a present substantial interest, as distinguished from a mere expectancy, or a future, contingent, subordinate or consequential interest.

Minors represented by their parents were held as real parties in interest to file an action to annul timber licenses issued by the state, under the following principles: (Oposa vs. Factoran, G.R. No. 101083, July 30,1993)

[1] inter-generational responsibility
[2] inter-generational justice
[3] right of the people to a balanced and healthful ecology
[4] minors represent themselves and the generations to come

An action must be brought in the name but not necessarily by the real party in interest. In fact, the practice is for an attorney-in-fact to bring action in the name of the plaintiff.

What is standing to sue? A party with standing to sue is he who is directly affected by and whose interest is IMMEDIATE AND SUBSTANTIAL in the controversy has the standing to sue. In other words, he is a real party in interest. He has a personal stake in the outcome of the controversy.

In a case involving constitutional issues, “standing” or locus standi means a personal interest in the case such that the party has sustained or will sustained DIRECT INJURY as a result of the government act that is being challenged.
Who are allowed to sue under this concept of locus standi? (Kilosbayan, Inc. vs. Morato, 246 SCRA 540 [1995])

[1] Taxpayers – where there is a claim of illegal disbursement of public funds.
[2] Voters – to question the validity of election laws because of their obvious interest in the validity of such laws.
[3] Concerned citizens – if the constitutional question they raise is of transcendental importance which must be settled early.
[4] Legislators – to question the validity of official action which they claim infringes on their prerogatives as legislators.