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ORTIGAS v. CA

This case has been cited 1 times or more.

2016-02-03
JARDELEZA, J.
Another important consideration for allowing SRMO to file a petition lor certiorari is the rule on real party in interest, which is applicable to private litigation.[41] 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."[42] In Ortigas & Co., Ltd. v. Court of Appeals,[43] we stated:..."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. By real interest is meant a present substantial interest, as distinguished from a mere expectancy or a future, contingent, subordinate, or consequential interest.[44]