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Samahang Magsasaka etc. vs. Tan [DISSENTING OPINION, LEONEN, J.]

SAMAHAN NG MAGSASAKA AT MANGINGISDA NG SITIO NASWE, INC. [SAMMANA], REPRESENTED BY ROGELIO A. COMMENDADOR, PRESIDENT, PETITIONER, VS. TOMAS TAN, RESPONDENT.

G.R. No. 196028 | 2016-04-18

DISSENTING OPINION

LEONEN, J.:

The ponencia affirmed the Court of Appeals Decision dismissing the Petition on the ground that petitioner was not a real party-in-interest.[1] The ponencia discussed that "the party must have a real, actual, material, or substantial interest in the subject matter of the action."[2] Petitioner is not the real party-in-interest to file an action questioning the order lifting the Notice of Coverage over the 129.4227-hectare land[3] in Barangay Ipag, Mariveles, Bataan since "it failed to allege and prove that [its] members are identified and registered qualified beneficiaries of...