Who May Be Parties in a Civil Action? (Sec. 1, Rule 3, ROC) Flashcards
Only the following may be parties in a civil action:
- Natural persons;
- Juridical persons; or
- Entities authorized by law
Entities authorized by law to be parties in a civil action
Under Article 44, Civil Code of the Philippines:
(A) The State and its political subdivisions;
(B) Other corporations, institutions, and entities for public interest or purpose, created by law (their personality commences as soon as they have been constituted in accordance with law);
(C) Corporations, partnerships, and associations for private interest or purpose to which the law grants a juridical personality separate from that of each shareholder, partner, or member.
Under prevailing jurisprudence:
(A) Estate of a deceased person;
(B) Legitimate labor organizations;
(C) Roman Catholic Church;
(D) Dissolved corporation, provided that (a) the suits occur within 3 years after its dissolution and (b) the suits are in connection with the settlement and closure of its affairs.