Who's a Real Party-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 (Sec. 2, Rule 3).

The interest must be real, which is a present substantial interest as distinguished from a mere expectancy or a future, contingent subordinate or consequential interest (Fortich vs. Corona). It is an interest that is material and direct, as distinguished from a mere incidental interest in question (Samaniego vs. Aguila).
While ordinarily one who is not a privy to a contract may not bring an action to enforce it, there are recognized exceptions this rule:

[1] Contracts containing stipulations pour autrui or stipulations expressly conferring benefits to a non-party may sue under the contract provided such benefits have been accepted by the beneficiary prior to its revocation by the contracting parties (Art. 1311, Civil Code).
[2] Those who are not principally or subsidiarily obligated in the contract, in which they had no intervention, may show their detriment that could result from it. For example, Art. 1313 of the Civil Code, provides that "creditors are protected in cases of contracts intended to defraud them." Moreover, Art. 1318 of the Civil Code, provides that contracts entered into in fraud of creditors may be rescinded when the creditors cannot in any manner collect the claims due them. Hence, a creditor who is not a party to a contract can sue to rescind the contract to redress the fraud committed upon him.