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Reynaldo Cometa, State Investment Trust Inc vs CA, Guevara and Honeycomb Builders Inc.

Reynaldo Cometa is the president of State Investment Trust, Inc. (SITI), a lending firm. Reynaldo Guevara
is the president of Honeycomb Builders, Inc. (HBI), a real estate developer. Guevara is also the chairman
of the board of Guevent Industrial Development Corp., (GIDC).
GIDC took out a loan from SITI and secured the loan by mortgaging some of its properties to SITI. GIDC
defaulted in paying and so SITI foreclosed the mortgaged assets. GIDC later sued SITI as it alleged that
the foreclosure was irregular. While the case was pending, the parties entered into a compromise
agreement where GIDC accepted HBIs offer to purchase the mortgaged assets. But SITI did not approve
of said proposal.
GIDC then filed a request for clarification with the trial court and the latter directed SITI to accept the
proposal. Meanwhile, HBI filed a request with the HLURB asking the latter to grant them the right to
develop the mortgaged assets. HBI submitted an affidavit allegedly signed by Cometa. The affidavit
purported that Cometa and SITI are not opposing HBIs petition with the HLURB.
Cometa assailed the affidavit as it was apparently forged as proven by an NBI investigation.
Subsequently, Cometa filed a criminal action for falsification of public document against Guevara. The
prosecutor initially did not file the information as he finds no cause of action but the then DOJ Secretary
(Drilon) directed the fiscal to file an information against Guevara.
The case was dismissed. In turn, Guevara filed a civil case for malicious prosecution against Cometa.
Guevara, in his complaint, included HBI as a co-plaintiff. Cometa contended that HBI is not a real-party-ininterest, whatever interest it may have being purely speculative.
ISSUE: Whether or not HBI is appropriately added as a co-plaintiff.
HELD: Yes. It is true that a criminal case can only be filed against the officers of a corporation and
not against the corporation itself. But it does not follow that the corporation cannot be a realparty-in-interest for the purpose of bringing a civil action for malicious prosecution. As pointed out
by the trial judge, and as affirmed by the Court of Appeals, the allegation by Cometa that Guevara has no
cause of action with HBI not being a real party in interest is a matter of defense which can only be
decisively determined in a full blown trial.

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