100 Collao Jr. v. Albania

Collao Jr. v.
Albania
PERALTA, C.J.| G.R. No. 228905. July 15, 2020.
Topic: V. Rule 3, Sections 1 to 3: Parties to a Civil Action
Nature: Petition for review on certiorari under Rule 451
PARTIES:
a. Petitioners - BRIG. GENERAL MARCIAL A. COLLAO, JR., in his capacity as
Commanding General, Headquarters and Headquarters Support Group, Philippine
Army
b. Respondents – MOISES ALBANIA
DISPUTED MATTER: Whether petitioner is a real party-in-interest
SYNOPSIS: Respondent Albania is a concessionaire of the Philippine Army (PA) in its

headquarters at Fort Bonifacio. When the PA relocated its displaced units in its
headquarters, it sent the respondent demand letters for the latter to vacate the premises
but despite receipt thereof, respondent Albania failed to leave and pay rentals. As such, a
complaint for unlawful detainer was filed by the petitioner in the MeTC. There was a
change in leadership in the headquarters so the complaint was amended to reflect such
change. The MeTC granted the unlawful detainer complaint. The RTC reversed the
MeTC Decision, ruling among others that petitioner is not the real party-in-interest as it
is the Philippine Army, and not Brig. Gen. Cabusao, which stands to be benefited or
injured by whatever judgment is rendered under Section 2 Rule 3 of the Rules of Court.
In a subsequent MR a decade after the RTC decision, the RTC maintained its initial
decision. The CA upheld the denial of petitioner's MR essentially on the ground of laches.
The SC ruled that that the RTC should not have dismissed the case outright, as a cursory
perusal of the complaint would reveal a compliance with the requirements of the Rules.
The title of the complaint states that the plaintiff is "B/Gen. Lysias Cabusao, in his
capacity as Commanding General, Headquarters and Headquarters Support Group,
Philippine Army." Accordingly, the beneficiary in the present case, which is the
Philippine Army, was actually included in the title of the case in compliance with the rule
cited above. In fact, the Concession Agreement, which was cited and attached to the
complaint similarly states that the lease was entered into by the Philippine Army, through
its Commanding General. In the second place, as duly observed by the CA, the complaint
was continuously amended to reflect the changes in the personalities and successors of the
Commanding Generals of the Philippine Army. Thus, it cannot be denied that the
commanding generals initiated the instant case only as representatives of the Philippine
1
Before the Court is a petition for review on certiorari under Rule 45 of the Rules of Court seeking to nullify and set
aside the Decision 1 dated April 28, 2015 and Resolution 2 dated November 29, 2016 of the Court of Appeals (CA)
in CA-G.R. SP No. 134425. The assailed CA Decision and Resolution affirmed the September 26, 2003 Decision 3
and February 21, 2014 Resolution of the Regional Trial Court (RTC) of Makati City, Branch 137, which, in turn,
reversed and set aside the March 4, 2002 Decision 5 of the Metropolitan Trial Court (MeTC) of Makati City, Branch
65, that granted the amended complaint for unlawful detainer filed by petitioner, through the Office of the Solicitor
General (OSG) , against respondent.
Army and not in their personal capacities.
DOCTRINES:
RULE 3, SECTION 2. Parties in Interest. — A real party in interest is the party who stands to
be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit.
Unless otherwise authorized by law or these Rules, every action must be prosecuted or
defended in the name of the real party in interest. (2a)
RULE 3, SECTION 3. Representatives as Parties. — Where the action is allowed to be

prosecuted or defended by a representative or someone acting in a fiduciary capacity, the
beneficiary shall be included in the title of the case and shall be deemed to be the real party in
interest. A representative may be a trustee of an express trust, a guardian, an executor or
administrator, or a party authorized by law or these Rules. An agent acting in his own name
and for the benefit of an undisclosed principal way sue or be sued without joining the principal
except when the contract involves things belonging to the principal. (3a)
FACTS:
1. BACKGROUND
a. The Commanding General of the Headquarters and Headquarters Support Group
of the Philippine Army at Fort Bonifacio is in charge of the administration of all
concessionaire areas inside the military reservation therein.
b. Respondent Moises Albania is one of those concessionaires who was granted by
the Post Commander with a business permit to operate, for a period of one (1)
year, a Tailoring and Barber Shop within the vicinity of the Army Training Unit.
By virtue of said grant, the former Post Commander Col. Joseph A. Espina, as
representative of the Philippine Army, entered into a Concession Agreement with
Albania on March 31, 1993. The agreement provides that the same may be
revoked at any time in case of violation of its terms and conditions, of any
pertinent Camp rules, or when security, public interest and/or military exigencies
or necessity require.
2. MAKATI CITY METC – UNLAWFUL DETAINER CASE

a. When a substantial portion of Fort Bonifacio Military Reservation was taken by
the Bases Conversion Development Authority (BCDA), the Philippine Army
considered it imperative to relocate its displaced units to the area being occupied
by Albania. Petitioner averred that through its Post Commander, it sent Albania
various demand letters dated May 25, 1995, June 3, 1996, October 15, 19, and
November 29, 1997 for the latter to vacate the premises but despite receipt
thereof, Albania failed to leave and pay rentals. Consequently, then Commanding
General, Brig. Gen. Lysias Cabusao, filed a complaint for unlawful detainer on
May 12, 1998. Later on, when Brig. Gen. Cabusao was succeeded by Brig. Gen.
Marcial A. Collao, Jr., the complaint was amended to reflect such change. In his
Answer, Albania averred that there was no demand letter terminating the month-
to-month contract of lease and that the petitioner continuously collected monthly
rentals from him indicating that there was really no need for the premises.
b. MeTC Decision - granted the complaint for unlawful detainer.
3. RTC
a. RTC Decision - reversed the MeTC Decision and dismissed, without prejudice,
the complaint for failure of petitioner to comply with the mandatory requirement
of impleading the Philippine Army as a party to the case.
i. It ruled that petitioner is not the real party-in-interest as it is the Philippine
Army, and not Brig. Gen. Cabusao, which stands to be benefited or injured
by whatever judgment is rendered under Section 2 Rule 3 of the Rules of
Court. Since petitioner Brig. Gen. Cabusao alleged in his complaint that he
was the administrator of all concessionaires inside the military reservation,
he is deemed by law as a representative and should have included the
beneficiary, the Philippine Army, in the title of the case.
b. MR (almost a decade after the RTC decision)
i. RTC maintained that its subject Decision may no longer be disturbed as it
had already attained finality. On the real party-in-interest issue, the trial
court held that when the complaint for unlawful detainer was filed, the
same was bereft of any statement or supporting document that then Brig.
Gen. Cabusao was filing it for and on behalf of the real party-in-interest,
the Philippine Army.
4. CA
a. CA Decision - upheld the denial of petitioner's MR essentially on the ground of
laches.
ISSUES/HELD:
1. On the issue of whether the petitioner is a real party-in-interest
a. Petitioner’s Argument: while the complaint was filed in the name of the then
Commanding General of the Philippine Army, without including the Philippine
Army in the title of the action, the RTC should not have automatically dismissed
the complaint on the basis of Section 3, Rule 3 of the Rules of Court. On the
contrary, the applicable provisions are found under Rule 70 of the Rules of Court
on forcible entry and unlawful detainer, Section 1 of which provides that the legal
representative of the owner-lessor is one of the persons authorized to institute
proceedings without impleading their principal. But at any rate, it can be inferred
from the pleadings that the action was filed on behalf of the Philippine Army as
shown by the continuous amendments of the complaint to reflect the changing
personalities and successors of the commanding generals.
b. Court Decision: The Court is of the view, however, that the RTC should not have
dismissed the case outright. In its September 26, 2003 Decision, the RTC did not
rule on the main issue of the legality of Albania's possession but focused solely on
the argument that the original party-plaintiff, Brig. Gen. Cabusao, was not the real
party-in-interest and that the Philippine Army should have been impleaded as a
party in the suit. As such, the RTC immediately dismissed the case for lack of
cause of action.
i. In the first place, a cursory perusal of the complaint would reveal a
compliance with the requirements of the Rules. Sections 2 and 3 of the
1997 Rules of Court provides:
1. SECTION 2. Parties in Interest. — A real party in interest is the
party who stands to be benefited or injured by the judgment in the
suit, or the party entitled to the avails of the suit. Unless otherwise
authorized by law or these Rules, every action must be prosecuted
or defended in the name of the real party in interest. (2a)
2. SECTION 3. Representatives as Parties. — Where the action is
allowed to be prosecuted or defended by a representative or
someone acting in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be deemed to be the real
party in interest. A representative may be a trustee of an express
trust, a guardian, an executor or administrator, or a party
authorized by law or these Rules. An agent acting in his own name
and for the benefit of an undisclosed principal way sue or be sued
without joining the principal except when the contract involves
things belonging to the principal. (3a)
ii. Here, the title of the complaint states that the plaintiff is "B/Gen. Lysias
Cabusao, in his capacity as Commanding General, Headquarters and
Headquarters Support Group, Philippine Army." Accordingly, the
beneficiary in the present case, which is the Philippine Army, was
actually included in the title of the case in compliance with the rule
cited above. In fact, the Concession Agreement, which was cited and
attached to the complaint similarly states that the lease was entered into by
the Philippine Army, through its Commanding General.
iii. In the second place, as duly observed by the CA, the complaint was
continuously amended to reflect the changes in the personalities and
successors of the Commanding Generals of the Philippine Army.
Thus, it cannot be denied that the commanding generals initiated the
instant case only as representatives of the Philippine Army and not in
their personal capacities.
2. Other issues
a. Whether petitioner is correct in his contention that it timely exercised its right
relative to the March 4, 2002 MeTC Decision, well within the ten (10)-year
prescriptive period to execute the same – YES
b. Whether the MeTC is correct in granting the unlawful detainer case in favor of the
petitioner – YES
DISPOSITIVE:
WHEREFORE, premises considered, the instant petition is GRANTED. The Decision dated April
28, 2015 and the Resolution dated November 29, 2016 of the Court of Appeals in CA-G.R. SP
No. 134425 are hereby REVERSED and SET ASADE. Accordingly, the Decision dated March 4,
2002 of the Metropolitan Trial Court (MeTC) of Makati City, Branch 65, is hereby
REINSTATED with MODIFICATION in that the case is remanded back to the MeTC for
purposes of computing the amount of rental arrearages due to petitioner Brig. General Marcial
A. Collao, Jr., in his capacity as Commanding General, Headquarters and Headquarters
Support Group, as legal representative of the Philippine Army, which shall earn legal interest of
twelve percent (12%) per annum, computed from first demand on May 25, 1995 to June 30,
2013, and six percent (6%) per annum from July 1, 2013 until full satisfaction. The attorney's
fees awarded in favor of petitioner shall also earn legal interest of six percent (6%) per annum
from finality of this Decision until fully paid.
OPINIONS:
None.
___________________________________________________________________________
HELPFUL INFORMATION
None.

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Collao Jr. v.

DISPUTED MATTER: Whether petitioner is a real party-in-interest

SYNOPSIS: Respondent Albania is a concessionaire of the Philippine Army (PA) in its

RULE 3, SECTION 3. Representatives as Parties. — Where the action is allowed to be

2. MAKATI CITY METC – UNLAWFUL DETAINER CASE

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