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EDUARDO L. RAYO v. METROPOLITAN BANK

This case has been cited 3 times or more.

	GR No. 171172 2015-11-09	BANK OF PHILIPPINE ISLANDS v. SPS. JOHNSON AND EVELYN CO AND JUPITER REAL ESTATE VENTURES JARDELEZA, J.
The Court of Appeals ruled that petitioners attempt to challenge the constitutionality of Section 7 of Act No. 3135, as amended, constitutes a collateral attack that is not allowed. We fully agree with the appellate court's ruling, for reasons of public policy, the constitutionality of a law cannot be attacked collaterally.[68] (Emphasis and citations omitted)
	GR No. 173297 2013-03-06	STRONGHOLD INSURANCE COMPANY v. TOMAS CUENCA BERSAMIN, J.
To ensure the observance of the mandate of the Constitution, Section 2, Rule 3 of the Rules of Court requires that unless otherwise authorized by law or the Rules of Court every action must be prosecuted or defended in the name of the real party in interest.[29] Under the same rule, a real party in interest is one who stands to be benefited or injured by the judgment in the suit, or one who is entitled to the avails of the suit. Accordingly, a person , to be a real party in interest in whose name an action must be prosecuted, should appear to be the present real owner of the right sought to be enforced, that is, his interest must be a present substantial interest, not a mere expectancy, or a future, contingent, subordinate, or consequential interest.[30] Where the plaintiff is not the real party in interest, the ground for the motion to dismiss is lack of cause of action.[31] 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.[32] Nor does a court acquire jurisdiction over a case where the real party in interest is not present or impleaded.
	GR No. 176518 2010-03-02	PARENTS-TEACHERS ASSOCIATION OF ST. MATHEW CHRISTIAN ACADEMY v. METROPOLITAN BANK DEL CASTILLO, J.
Petitioners' contention is without merit. It is settled that the issuance of a writ of possession is a ministerial duty of the court.[32] The purchaser of the foreclosed property, upon ex parte application and the posting of the required bond, has the right to acquire possession of the foreclosed property during the 12-month redemption period.[33]