JUSTICE MARTIN VILLARAMA, JR.: -EVERY ACTION MUST BE PROSECUTED OR DEFENDED IN THE NAME OF THE REAL PARTY-IN-INTEREST

The 1997 Rules of Civil Procedure requires that every action must be prosecuted or defended in the name of the real party-in-interest, i.e., 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. (RULES OF COURT, Rule 3, Sec. 2).  A case is dismissible for lack of personality to sue upon proof that the plaintiff is not the real party-in-interest, hence grounded on failure to state a cause of action (ALLAN C. GO, vs. MORTIMER F. CORDERO, G.R. No. 164703, May 4, 2010, VILLARAMA, JR., J.).