Personality and capacity not identical

Personality and capacity are intimately related, but are not identical. Personality is the aptitude to be the subject of rights and of obligations. It is a product of capacity in law, a necessary derivation from its existence, and is the external manifestation of that capacity. (Albano, page 186)

The term "lack of legal capacity to sue" means either that the plaintiff does not have the necessary qualifications to appear in the case or when he does not have the character or representation which he claims, as when he is not a duly appointed executor or administrator of the estate he purports to represent, or that the plaintiff is not a corporation duly registered in accordance with law. (I Moran’s Comments on the Rules of Court, p.168, 1952 ed.)

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