Defendant is Non-Resident

Suppose the defendant A is a non-resident, where should the action against him to be commenced? Answer: It may be commenced at the place where such defendant may be found. (Section 2, Rule 4 of Rules of Court). Note that the rule on venue where defendant may be found applies only to non-residents. (Cohen vs… Continue reading Defendant is Non-Resident

Legal Dictionary: Real Party-in-Interest

What is real party-in-interest? Answer: A real party-in-interest is the party who would be benefited or injured by the judgment or the party entitled to the avails of the suit. (Salonga vs Warner Barnes and Co., Ltd., 88 Phil. 125; UP Board of Regents vs Ligot-Telan, 45 SCAD 429, G.R. No. 110280, October 21, 1993).… Continue reading Legal Dictionary: Real Party-in-Interest