Lack
of legal capacity to sue means that the plaintiff is not in the
exercise of his civil rights, or does not have the necessary qualification to
appear in the case, or does not have the character or representation he claims.
On the other hand, 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. The term "lack
of capacity to sue" should not be confused with the term "lack of personality to sue."
While the former refers to a plaintiff’s general disability to sue,
such as on account of minority, insanity, incompetence, lack of juridical
personality or any other general disqualifications of a party, the latter
refers to the fact that the plaintiff is not the real party- in-interest.
Correspondingly, the first can be a ground for a
motion to dismiss based on the ground of lack of legal capacity to sue;
whereas the second can be used as a ground for a motion to dismiss based
on the fact that the complaint, on the face thereof, evidently states no cause
of action. (Nemencio C. Evangelista vs. Carmelino M. Santiago,
G.R. No. 157447, April 29, 2005, Chico-Nazario, J.)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.