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Minoza v Lopez

13 April 2011 | Del Castillo Overview: Minoza, a non-participant of the public bidding, contests the bidding and alleges that such was fraudulent and rigged. The Court held that he has no capacity to sue because he was not the real party-in-interest. Statement of the Case This is a petition for review on certiorari assailing the CA decision which dismissed Minoza;s petition and motion for reconsideration. Statement of Facts Stefan Minoza owned a cockpit arena in Cogon Norte, Loon, Bohol. Because of dilapidation and increased rentals, he transferred his business to Bgy. Lintuan, Loon. The mayor gave him a temporary permit to hold cock-fights in the new arena. However, the Sanggunianag Bayan issued a Resolution declaring the new arena as unlicensed and revoked the temporary permit. After, it issued a Resolution to open for public bidding the franchise of the cockpit operation in Loon. Marcelo was declared the winner and the cockpit operation was granted in his favor. After 5 months, Minoza filed a complaint with the RTC and alleged that the bidding was rigged and fraudulently manipulated to benefit Marcelo, the mayor’s rumored business partner and financial backer. RTC dismissed the complaint on the ground that Minoza was not the proper party to sue since he was not a bidding participant. Minoza tried to argue that his uncle, Jose, was a participant on his behalf. However, the CA ruled the petition had no cause of action and it was not shown that Jose participated for Minoza. Minoza was not the real party in interest. Applicable Laws: Issues: WON Minoza had standing to sue? No. He was not the real party-in-interest. Rationale: Every action must be prosecuted or defended in the name of the real party-in-interest, who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Interest should be material interest –an interest in issue and to be affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental interest. By real interest is meant a present substantial interest, as distinguished from mere expectancy or a future, contingent, subordinate, or consequential interest. To qualify a person to be a real party-in-interest in whose name an action must be prosecuted, he must appear to be the present real owner of the right sought to be enforced. Minoza, not being one of the bidders, has no personality to contest the alleged rigged bidding and to pray for the annulment granting the franchise to Marcelo. Also, Jose was never shown to have participated in t he bidding on Minoza’s behlf. Judgment: Petition is DENIED.