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tuason vs bolanos

tuason vs bolanos

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Published by Krizel Malabanan

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Published by: Krizel Malabanan on Jan 30, 2011
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11/26/2013

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J. M. TUASON & CO., INC., represented by it Managing PARTNER, GREGORIA ARANETA, INC., plaintiff-appellee, -versusQUIRINO BOLAÑOS, defendant-appellant.

FACTS: This was an action to recover possession of a parcel of land where the plaintiff was represented by a corporation. Issue: WON the case should be dismissed on the ground that the case was not brought by the real property in interest Held:No. • there is nothing to the contention that the present action is not brought by the real party in interest, that is, by J. M. Tuason and Co., Inc. 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. (Section 2, Rule 2.) • The complaint is signed by the law firm of Araneta and Araneta, "counsel for plaintiff" and commences with the statement "comes now plaintiff, through its undersigned counsel." It is true that the complaint also states that the plaintiff is "represented herein by its Managing Partner Gregorio Araneta, Inc.", another corporation • 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. cannot 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 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. NOTE: Point of the case is about joint ventures being treated separately from partnerships. Tuason does not explain why there was a difference in treatment of corporate involvement in partnerships as compared to that when it come to joint ventures.

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