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CASE FACTS ISSUES RULING

Topic: No. only real persons and real parties-in-interest.


appointment &
term/ Prohibition
on
reappointment In the case at bar, however, as we have found THAT THE RESPONDENT'S DESIGNATION TO ACT TEMPORARILY
Petitioner Nacionalista Party alleges that it is organized A MEMBER OF THE COMMISSION ON ELECTIONS IS UNLAWFUL BECAUSE IT OFFENDS AGAINST THE
and registered under the laws of the Philippines, PROVISION OF THE CONSTITUTION CREATING THE COMMISSION ON ELECTIONS, the dismissal of the petition
brought this action praying that a writ of prohibition Whether or would deny and deprive the parties that are affected by such designation of a remedy and relief, because no one is entitled
issue commanding the respondent Solicitor General to not petitioner, now to the office and a party who is not entitled to the office may not institute quo warrant proceedings, and the respondent
desist forever from acting as acting member of the a political as Solicitor General, the only other party who may institute the proceedings, would not proceed against
Commission on Elections under the designation party is himself.
rendered to him by President Quirino, unless he is entitled to
legally appointed as regular member of the said bring an
Nacionalista action in the
Commission on Elections.
Party courts of
It may be organized and registered as a political party in or with the Commission on Elections for the purposes of the
justice.
vs. Revised Election Code (Republic Act No. 180), but for the purpose of bringing an action in the courts of justice such
organization and registration are not sufficient. It has to be incorporated under Act 1459 for only natural or juridical persons
may be parties in a civil action, but this technical defect may be cured by allowing the substitution of the real parties in
Felix Angelo interest for the petitioner.
Bautista, Sol
Gen, Acting The petitioner is granted five days within which to amend its petition so as to substitute the real parties in interest for it (the
Commissioner of petitioner) or to show that it is a juridical person entitled to institute these proceedings. Otherwise, or if the petitioner does not
Comelec amend its petition or does not show that it is a juridical entity, the petition will be dismissed. After the amendment or showing
referred to shall have been made, the writ prayed for will issue.