CCHOPE ELECTION 2001

PARTY IN INTEREST

Anent the second issue, petitioner contends that the Commission gravely abused its discretion when it took cognizance of the petition below, there being no showing that it was filed in the name of a real party in interest.

The argument is tenable. The COMELEC Rules of Procedure require that all actions filed with the Commission be prosecuted and defended in the name of the real party in interest.^.9 [Sec. 3, Rule 5, COMELEC Rules of Procedure.] The letter-petition does not allege that the protestant, herein private respondent Restor, is a candidate for any position in the May 11, 1998 elections, or a representative of a registered political party or coalition, or at the very least, a registered voter in the lone district of Occidental Mindoro --- as to stand to sustain any form of injury by petitioner’s use of the nickname "JTV". Absent such essential allegation, the letter-petition stood defective and should have been dismissed outright for failure to state a cause of action.

En Banc, Justice Gonzaga, MA. AMELITA C. VILLAROSA, petitioner, vs. COMMISSION ON ELECTIONS, and ATTY. DAN RESTOR, respondents.RICARDO QUINTOS, necessary respondent. [G.R. No. 133927. November 29, 1999]

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Last Updated: Monday, April 23, 2001 01:01:51 AM