Tuesday, March 21, 2017

Alonso vs. Cebu Country Club, Inc., 618 SCRA 619, April 20, 2010

Civil Procedure; Courts; Hierarchy of Courts; Certification of Non-Forum Shopping; The acts of breaching the hierarchy of courts by going directly to the Supreme Court and bypassing the Court of Appeals, and omitting of the sworn certification against forum shopping from the petition for review on certiorari, warrant the immediate dismissal of the petition for review on certiorari.—The Court notes that the petitioners are guilty of two violations that warrant the immediate dismissal of the petition for review oncertiorari. The first refers to the petitioners’ breach of the hierarchy of courts by coming directly to the Court to appeal the assailed issuances of the RTC via petition for review on certiorari. They should not have done so, bypassing a review by the Court of Appeals (CA), because the hierarchy of courts is essential to the efficient functioning of the courts and to the orderly administration of justice. Their non-observance of the hierarchy of courts has forthwith enlarged the docket of the Court by one more case, which, though it may not seem burdensome to the layman, is one case too much to the Court, which has to devote time and effort in poring over the papers submitted herein, only to discover in the end that a review should have first been made by the CA. The time and effort could have been dedicated to other cases of importance and impact on the lives and rights of others. The second violation concerns the omission of a sworn certification against forum shopping from the petition for review on certiorari. Section 4, Rule 45 of the 1997Rules of Civil Procedure requires that the petition for review should contain, among others, the sworn certification on the undertakings provided in the last paragraph of Section 2, Rule 42 of the 1997 Rules of Civil Procedure.

Same; Certification of Non-Forum Shopping; The signing of the certification by only one of the petitioners could not be presumed to reflect the personal knowledge by his co-petitioners of the filing or non-filing of any similar action or claim.—Only petitioner Tomas V. Alonso has executed and signed the sworn certification against forum shopping attached to the petition. Although neither of his co-petitioners—Mercedes V. Alonso and Asuncion V. Alonso—has joined the certification, Tomas did not present any written express authorization in his favor authorizing him to sign the certification in their behalf. The signing of the certification by only one of the petitioners could not be presumed to reflect the personal knowledge by his co-petitioners of the filing or non-filing of any similar action or claim. Hence, the failure of Mercedes and Asuncion to sign and execute the certification along with Tomas warranted the dismissal of their petition.

Same; Actions; Parties; Words and Phrases; “Real Party in Interest,” Defined; Every action must be prosecuted or defended in the name of the real party in interest, unless otherwise authorized by law or the rules.—Every action must be prosecuted or defended in the name of the real party in interest, unless otherwise authorized by law or the rules. A real party in interest is one who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. “Interest” within the meaning of the rule means material interest, an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest. The rule refers to a real orpresent substantial interest, as distinguished from a mere expectancy; or from a future, contingent, subordinate, or consequential interest. One having no right or interest to protect cannot invoke the jurisdiction of the court as a party-plaintiff in an action.

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