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    Tuason Vs Bolanos

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    sexy_lhanz017507
    This case involves a land dispute over a property in Quezon City. The defendant claims ownership through adverse possession and alleges the plaintiff obtained registration of the land through fraud. The lower court ruled in favor of the plaintiff. On appeal, the defendant alleges the case should be dismissed because it was not brought by the real party in interest. The Supreme Court rejects this, finding the complaint was properly brought in the name of the plaintiff corporation, even though it was represented by another corporation as its managing partner. The Court found no issue with one corporation representing another in a legal case, as long as their joint venture was consistent with their corporate purposes.

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    Tuason Vs Bolanos

    Uploaded by

    sexy_lhanz017507
    58 views1 page
    This case involves a land dispute over a property in Quezon City. The defendant claims ownership through adverse possession and alleges the plaintiff obtained registration of the land through fraud. The lower court ruled in favor of the plaintiff. On appeal, the defendant alleges the case should be dismissed because it was not brought by the real party in interest. The Supreme Court rejects this, finding the complaint was properly brought in the name of the plaintiff corporation, even though it was represented by another corporation as its managing partner. The Court found no issue with one corporation representing another in a legal case, as long as their joint venture was consistent with their corporate purposes.

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    Tuason vs Bolanos

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    This case involves a land dispute over a property in Quezon City. The defendant claims ownership through adverse possession and alleges the plaintiff obtained registration of the land through fraud. The lower court ruled in favor of the plaintiff. On appeal, the defendant alleges the case should be dismissed because it was not brought by the real party in interest. The Supreme Court rejects this, finding the complaint was properly brought in the name of the plaintiff corporation, even though it was represented by another corporation as its managing partner. The Court found no issue with one corporation representing another in a legal case, as long as their joint venture was consistent with their corporate purposes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    58 views1 page

    Tuason Vs Bolanos

    Uploaded by

    sexy_lhanz017507
    This case involves a land dispute over a property in Quezon City. The defendant claims ownership through adverse possession and alleges the plaintiff obtained registration of the land through fraud. The lower court ruled in favor of the plaintiff. On appeal, the defendant alleges the case should be dismissed because it was not brought by the real party in interest. The Supreme Court rejects this, finding the complaint was properly brought in the name of the plaintiff corporation, even though it was represented by another corporation as its managing partner. The Court found no issue with one corporation representing another in a legal case, as long as their joint venture was consistent with their corporate purposes.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 1

    G.R. No.

    L-4935

    May 28, 1954

    J. M. TUASON & CO., INC., represented by it Managing PARTNER, GREGORIA ARANETA, INC., plaintiffappellee,
    vs.
    QUIRINO BOLAOS, defendant-appellant
    Araneta and Araneta for appellee.
    Jose A. Buendia for appellan
    Facts: This is an action originally brought in the Court of First Instance of Rizal, Quezon City Branch, to recover
    possesion of registered land situated in barrio Tatalon, Quezon City.
    Defendant, in his answer, sets up prescription and title in himself thru "open, continuous, exclusive and public and
    notorious possession (of land in dispute) under claim of ownership, adverse to the entire world by defendant and
    his predecessor in interest" from "time in-memorial". The answer further alleges that registration of the land in
    dispute was obtained by plaintiff or its predecessors in interest thru "fraud or error and without knowledge (of) or
    interest either personal or thru publication to defendant and/or predecessors in interest.
    After trial, the lower court rendered judgment for plaintiff. Defendant appealed to the SC, alleging the lower court
    erred in not dismissing the case on the ground that the case was not brought by the real property in interest.
    Issue: W/N the case must be dismissed on the ground that the case was not brought by the real property in
    interest.
    Ruling: No. What the Rules of Court require is that an action be brought in the name of, but not necessarily by, the
    real party in interest. That practice appears to have been followed in this case, since the complaint is signed by the
    law firm of Araneta and Araneta. There is nothing against one corporation being represented by another person,
    natural or juridical, in a suit in court.
    The contention that Gregorio Araneta, Inc. can not act as managing partner for plaintiff on the theory that it is
    illegal for two corporations to enter into a partnership is without merit, for the true rule is that "though a
    corporation has no power to enter into a partnership, it may nevertheless enter into a joint venture with another
    where the nature of that venture is in line with the business authorized by its charter."
    There is nothing in the record to indicate that the venture in which plaintiff is represented by Gregorio Araneta, Inc.
    as "its managing partner" is not in line with the corporate business of either of them.

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