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    G.R. No. 203775

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    Eap Bustillo
    The Supreme Court ruled that the petitioners, an Association of Flood Victims and its lead convenor, did not have legal capacity to challenge a Commission on Elections resolution regarding the recomputation of party-list seats in the House of Representatives. Specifically: 1) The Association was not yet incorporated and thus not a juridical person that could be a party to a civil action. 2) Since the Association could not sue, its representative also lacked legal personality to bring an action in court. 3) Petitioners failed to establish a personal or substantial interest in the COMELEC resolution, as the Association was not a party-list candidate affected by the recomputation of seats. Therefore, the petition was

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    G.R. No. 203775

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    Eap Bustillo
    146 views3 pages
    The Supreme Court ruled that the petitioners, an Association of Flood Victims and its lead convenor, did not have legal capacity to challenge a Commission on Elections resolution regarding the recomputation of party-list seats in the House of Representatives. Specifically: 1) The Association was not yet incorporated and thus not a juridical person that could be a party to a civil action. 2) Since the Association could not sue, its representative also lacked legal personality to bring an action in court. 3) Petitioners failed to establish a personal or substantial interest in the COMELEC resolution, as the Association was not a party-list candidate affected by the recomputation of seats. Therefore, the petition was

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    The Supreme Court ruled that the petitioners, an Association of Flood Victims and its lead convenor, did not have legal capacity to challenge a Commission on Elections resolution regarding the recomputation of party-list seats in the House of Representatives. Specifically: 1) The Association was not yet incorporated and thus not a juridical person that could be a party to a civil action. 2) Since the Association could not sue, its representative also lacked legal personality to bring an action in court. 3) Petitioners failed to establish a personal or substantial interest in the COMELEC resolution, as the Association was not a party-list candidate affected by the recomputation of seats. Therefore, the petition was

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    146 views3 pages

    G.R. No. 203775

    Uploaded by

    Eap Bustillo
    The Supreme Court ruled that the petitioners, an Association of Flood Victims and its lead convenor, did not have legal capacity to challenge a Commission on Elections resolution regarding the recomputation of party-list seats in the House of Representatives. Specifically: 1) The Association was not yet incorporated and thus not a juridical person that could be a party to a civil action. 2) Since the Association could not sue, its representative also lacked legal personality to bring an action in court. 3) Petitioners failed to establish a personal or substantial interest in the COMELEC resolution, as the Association was not a party-list candidate affected by the recomputation of seats. Therefore, the petition was

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    of 3

    ASSOCIATION OF FLOOD VICTIMS and JAIME AGUILAR

    HERNANDEZ vs. COMMISSION ON ELECTIONS, ALAY BUHAY


    COMMUNITY DEVELOPMENT FOUNDATION, INC., and
    WESLIE TING GATCHALIAN
    G.R. No. 203775, August 5, 2014
    CARPIO, Acting C.J.:

    FACTS:

    That the Supreme Court affirmed COMELEC Resolution SPP


    10-013 cancelling the certificate of registration of the Alliance of
    Barangay Concerns (ABC) Party-List which won in the party-list
    elections in the 2010 national elections. The disqualification of the
    ABC Party-List resulted in the re-computation of the party-list
    allocations in the House of Representatives, in which the
    COMELEC followed the formula outlined in the case of Barangay
    Association for National Advancement and Transparency (BANAT)
    vs. Commission on Elections.

    That the petitioners Association of Flood Victims and Jaime


    Aguilar Hernandez (Hernandez) filed with this Court a special civil
    action for certiorari and/or mandamus under Rule 65 against the
    COMELEC and pray for the issuance of a writ of mandamus to
    compel publication of the COMELEC Minute Resolution.

    ISSUE:

    Whether or not the petitioners have legal capacity to sue.

    RULING:

    Petitioners do not have legal capacity to sue.

    Sections 1 and 2, Rule 3 of the 1997 Rules of Civil Procedure


    read:

    SECTION 1. Who may be parties; plaintiff and defendant. –


    Only natural or juridical persons, or entities authorized by law may
    be parties in a civil action. The term "plaintiff" may refer to the
    claiming party, the counter-claimant, the cross-claimant, or the third
    (fourth, etc.) -party plaintiff. The term "defendant" may refer to the
    original defending party, the defendant in a counterclaim, the
    cross-defendant, or the third (fourth, etc.) -party defendant.

    SECTION 2. 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
    otherwise authorized by law or these Rules, every action must be
    prosecuted or defended in the name of the real party in interest.

    Under Sections 1 and 2 of Rule 3, only natural or juridical


    persons, or entities authorized by law may be parties in a civil
    action, which must be prosecuted or defended in the name of the
    real party in interest.

    In their petition, it is stated that petitioner Association of Flood


    Victims "is a non-profit and non-partisan organization in the
    process of formal incorporation, the primary purpose of which is for
    the benefit of the common or general interest of many flood victims
    who are so numerous that it is impracticable to join all as parties,"
    and that petitioner Hernandez "is a Tax Payer and the Lead
    Convenor of the Association of Flood Victims." Clearly, petitioner
    Association of Flood Victims, which is still in the process of
    incorporation, cannot be considered a juridical person or an entity
    authorized by law, which can be a party to a civil action.

    Since petitioner Association of Flood Victims has no legal


    capacity to sue, petitioner Hernandez, who is filing this petition as a
    representative of the Association of Flood Victims, is likewise
    devoid of legal personality to bring an action in court.

    In this case, petitioners failed to allege personal or


    substantial interest . in the questioned governmental act which is
    the issuance of COMELEC Minute Resolution No. 12-0859, which
    confirmed the re-computation of the allocation of seats of the Party-
    List System of Representation in the House of Representatives in
    the 10 May 2010 Automated National and Local Elections.
    Petitioner Association of Flood Victims is not even a party-list
    candidate in the 10 May 2010 elections, and thus, could not have
    been directly affected by COMELEC Minute Resolution No. 12-
    0859.

    In view of our holding that petitioners do not have legal


    capacity to sue and have no standing to file the present petition.

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