G.R. No. 124062 – 361 Phil. 383 – 301 SCRA 459 – Mercantile Law – Corporation Law – Instance Where a Corporation is a Real Party in Interest
Reynaldo Cometa is the president of State Investment Trust, Inc. (SITI), a lending firm. Reynaldo Guevara is the president of Honeycomb Builders, Inc. (HBI), a real estate developer. Guevara is also the chairman of the board of Guevent Industrial Development Corp., (GIDC).
GIDC took out a loan from SITI and secured the loan by mortgaging some of its properties to SITI. GIDC defaulted in paying and so SITI foreclosed the mortgaged assets. GIDC later sued SITI as it alleged that the foreclosure was irregular. While the case was pending, the parties entered into a compromise agreement where GIDC accepted HBI’s offer to purchase the mortgaged assets. But SITI did not approve of said proposal.
GIDC then filed a request for clarification with the trial court and the latter directed SITI to accept the proposal. Meanwhile, HBI filed a request with the HLURB asking the latter to grant them the right to develop the mortgaged assets. HBI submitted an affidavit allegedly signed by Cometa. The affidavit purported that Cometa and SITI are not opposing HBI’s petition with the HLURB.
Cometa assailed the affidavit as it was apparently forged as proven by an NBI investigation. Subsequently, Cometa filed a criminal action for falsification of public document against Guevara. The prosecutor initially did not file the information as he finds no cause of action but the then DOJ Secretary (Drilon) directed the fiscal to file an information against Guevara.
The case was dismissed. In turn, Guevara filed a civil case for malicious prosecution against Cometa. Guevara, in his complaint, included HBI as a co-plaintiff.
ISSUE: Whether or not HBI is appropriately added as a co-plaintiff.
HELD: Yes. It is true that a criminal case can only be filed against the officers of a corporation and not against the corporation itself. But it does not follow that the corporation cannot be a real-party-in-interest for the purpose of bringing a civil action for malicious prosecution. As pointed out by the trial judge, and as affirmed by the Court of Appeals, the allegation by Cometa that Guevara has no cause of action with HBI not being a real party in interest is a matter of defense which can only be decisively determined in a full blown trial.
