Parties to Civil Actions

AngvsAng
G.R. No. 186993
August 22, 2012
Facts:
On September 2, 1992, spouses Alan and EmAng (respondents)
obtained a loan in the amount of hree !undred housand "#S# $ollars
("S%&'','''#'') from heodore and (anc) Ang (petitioners)# On e*en
date, the respondents e+ecuted a promissor) note
in fa*or of the petitioners
,herein the) promised to pa) the latter the said amount, ,ith interest at the
rate of ten percent (1'-) per annum, upon demand# !o,e*er, despite
repeated demands, the respondents failed to pa) the petitioners#
hus, on August 2., 2''/, the petitioners sent the respondents a
demand letter as0ing them to pa) their outstanding debt ,hich, at that time,
alread) amounted to Se*en !undred (ineteen housand, Si+ !undred
Se*ent)1One "#S# $ollars and ,ent)1hree 2ents ("S%319,/31#2&),
inclusi*e of the ten percent (1'-) annual interest that had accumulated o*er
the )ears# (ot,ithstanding the receipt of the said demand letter, the
respondents still failed to settle their loan obligation#
On August /, 2''/, the petitioners, ,ho ,ere then residing in 4os
Angeles, 2alifornia, "nited States of America ("SA), e+ecuted their
respecti*e Special 5o,ers of Attorne)/
in fa*or of Attorne) Eldrige 6ar*in
7# Aceron (Att)# Aceron) for the purpose of filing an action in court against
the respondents# On September 18, 2''/, Att)# Aceron, in behalf of the
petitioners, filed a 2omplaint3
for collection of sum of mone) ,ith the 92
of :ue;on 2it) against the respondents#
<ssues:
=O( Att)# Aceron, being merel) a representati*e of the petitioners, is not the real part) in interest in the case#
!eld:
Att)# Aceron, despite being the attorne)1in1fact of the petitioners, is not a real part) in interest in the case belo,#
Section 2, 9ule & of the 9ules of 2ourt reads:
Sec# 2#5arties in interest# > A real part) in interest is the part)
,ho stands to be benefited or in?ured b) the ?udgment in the suit, or
the part) entitled to the a*ails of the suit# "nless other,ise authori;ed
b) la, or these 9ules, e*er) action must be prosecuted or defended in the
name of the real part) in interest#
<nterest ,ithin the meaning of the 9ules of 2ourt means material
interest or an interest in issue to be affected b) the decree or ?udgment of the
case, as distinguished from mere curiosit) about the @uestion in*ol*ed# A
real part) in interest is the part) ,ho, b) the substanti*e la,, has the right
sought to be enforced#
Appl)ing the foregoing rule, it is clear that Att)# Aceron is not a real
part) in interest in the case belo, as he does not stand to be benefited or
in?ured b) an) ?udgment therein# !e ,as merel) appointed b) the
petitioners as their attorne)1in1fact for the limited purpose of filing and
prosecuting the complaint against the respondents# Such appointment,
ho,e*er, does not mean that he is subrogated into the rights of petitioners
and ought to be considered as a real part) in interest#
7eing merel) a representati*e of the petitioners, Att)# Aceron in his
personal capacit) does not ha*e the right to file the complaint belo, against
the respondents# !e ma) onl) do so, as ,hat he did, in behalf of the
petitioners > the real parties in interest# o stress, the right sought to be enforced in the case belo, belongs to the
petitioners and not to Att)#
Aceron# 2learl), an attorne)1in1fact is not a real part) in interest#
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