REMEDIAL LAW | Ang v. Pacunio, G.R. No. 208928, July 8, 2015

Ang v. Pacunio, 

G.R. No. 208928, July 8, 2015


FACTS: Respondents filed a complaint for the declaration of nullity of sale and reconveyance against petitioner Ang before the RTC involving a land originally registered under Felicisima Udiaan’s name alleging that: (1) they are the grandchildren and successor-in-interest of Udiaan who died in 1972; and (2) in 1993, an impostor falsely represented herself as Udiaan and sold the subject lang to Ang. In a Summary Judgment in 2006,  the RTC dismissed the case ruling that respondents are not real parties in interest to institute the action for failure to prove their successional rights to Udiaan’s estate. On appeal the CA affirmed with modification the RTC ruling in that: (a) it nullified the Questioned Deed of Absolute Sale; (b) declared valid the deed of absolute sale between petitioner and the Heirs of Gaccion over a 3,502-sq. m. portion of the subject land; and (c) distributed portions of the subject land to the Heirs of Gaccion and to the children of Udiaan. CA ratiocinated that respondents could only succeed from said estate by right of representation if their mother, who is one of Udiaan's children, predeceased Udiaan. However, such fact was not established. Aggrieved, petitioner moved for reconsideration, but was denied; hence, this petition. Whether the CA correctly declared the nullity of the Questioned Deed of Absolute Sale and distributed portions of the subject land to different parties, among others, despite ruling that respondents are not real parties in interest to the instant case.


RULING No. Section 2, Rule 3 of the Rules of Court lays down the definition of a real party in interest as follows:


SEC. 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 provided by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest. The rule on real parties in interest has two (2) requirements, namely: (a) to institute an action, the plaintiff must be the real party in interest; and (b) the action must be prosecuted in the name of the real party in interest.


Here, the CA did not correctly declared the nullity of the questioned Deed of Absolute Sale and distributed portions of the subject land to different parties, among others, despite ruling that respondents are not real parties in interest.








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