PNAS v. AQUINO

Philippine Numismatic and Antiquarian Society (Plaintiff-Appellee) vs. Genesis Aquino (Accused-Appellant)

G.R. No. 206617

January 30, 2017

Facts:

Petitioner Philippine Numismatic and Antiquarian Society, Inc. (PNAS) is a non-stock, non-profit domestic corporation duly organized in accordance with Philippine Laws. On October 29, 2009, petitioner filed a complaint with the RTC, Branch 24, Manila docketed as Civil Case No. 09-1223885 praying for the issuance of a writ of a preliminary injunction against respondent Angelo Bernardo, Jr. The complaint was verified by respondents Eduardo M. Chua, Catalino M. Silangil and Percival M. Manuel who claimed to be the attorneys-in-fact of petitioner as per Secretary's Certificate attached to the complaint. Petitioner was represented by Atty. Faustino S. Tugade as counsel.

On December 22, 2009, another complaint was filed by petitioner against respondents Genesis Aquino, Angelo Bernardo, Jr., Eduardo M. Chua, Fernando Francisco, Jr., Fermin S. Carino, Percival M. Manuel, Fernando M. Gaite, Jr., Jose Choa, Tomas De Guzman, Jr., Li Vi Ju, Catalino M. Silangil, Raymundo Santos, Peter Sy, and Wilson Yuloque docketed as Civil Case No. 09-122709 praying that the Membership Meeting conducted by defendants on November 25, 2008 be declared null and void. It is, likewise prayed that a temporary restraining order or a writ of preliminary injunction be issued for the defendants to desist from acting as the true members, officers and directors of petitioner. The verification was signed by Atty. William L. Villareal. The petitioner was represented by Siguion Reyna Montecillo and Ongsiako Law Office.

On January 26, 2010, considering that there were two different payees claiming to be the representative of petitioner, the RTC issued a Joint Order directing the parties to submit within fifteen ( 15) days from notice the appropriate pleadings as to who are the true officers of PNAS and to submit all the documentary exhibits in support of their respective positions.

Issue:

Whether or not Atty. William L. Villareal who claimed to be the President of PNAS in 2009, was indeed authorized through a Board Resolution to represent PNAS in filing Civil Case No. 09-122709.

Ruling:

Respondents Genesis Aquino, Angelo Bernardo, Jr., Li Vi Ju, and Raymundo Santos aver that Atty. Villareal was President in 2007 and was never re-elected from then on. They presented the notarized Certificate of Elections dated November 25, 2008 which shows that respondent Angelo Bernardo, Jr. was the one elected as President, while respondent Francisco Fernando, Jr. was elected as Secretary for the year 2009 during the election. Held on November 25, 2008. Though the election of officers on November 25, 2008 was the subject of the complaint that was dismissed, Atty. Villareal did not present any proof that indeed he was President in 2009 when he filed the complaint.

There was no proof submitted that Atty. Villareal was duly authorized by petitioner to file the complaint and sign the verification and certification against forum shopping dated December 21, 2009. Where the plaintiff is not the real party-in-interest, the ground for the motion to dismiss is lack of cause of action. The reason for this is that the courts ought not to pass upon questions not derived from any actual controversy. Truly, a person having no material interest to protect cannot invoke the jurisdiction of the court as the plaintiff in an action. Nor does a court acquire jurisdiction over a case where the real party- in- interest is not present or impleaded. Under our procedural rules, "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.