Back

Spouses Anthony and Percita Oco vs. Victor Limbaring

Spouses ANTHONY and PERCITA OCO, Petitioners, vs. VICTOR LIMBARING, Respondent.

G.R. No. 161298 | 2006-01-31


FIRST DIVISION

D E C I S I O N 

PANGANIBAN, CJ.: 

Basic in procedural law is the rule that every action must be prosecuted or defended in the name of the real party in interest. In the present case, the respondent, who was not a party to the contracts being sued upon, was not able to prove material interest in the litigation. For his failure to do so, the trial court cannot be faulted for dismissing the action to rescind the contracts. His status as trustor remained a bare allegation, as he had failed to rebut the legal presumption: that there is absence of a trust when the purchase price in a deed of sale is paid by a parent in...