Suits against Entities without Juridical Personality


A corporation being an entity separate and distinct from its members has no interest in the individual property of its members unless transferred to the corporation. Absent any showing of interests, a corporation has no personality to bring an action for the purpose of recovering the property, which belongs to the members in their personal capacities.
An entity without juridical personality may be sued under a common name by which it is commonly known when it represents to the plaintiff under a common name, and the latter relies on such representation (Lapanday vs. Estita).

If the sole proprietorship has no juridical personality, the suit shall be filed against the sole proprietor.