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Alonzo-Legasto
Ortigas & Co. v. Court of Appeals | Quisumbing
G.R. No. 126102, December 4, 2000 | 346 SCRA 748
Keywords: single-family residential building, zoning
ordinance, lessee as real party-in-interest
NOTE
This digest was adjusted to meet our needs for the November
25 class.
RATIO DECIDENDI
A lessee or a possessor in the concept of holder of the thing
may be the real party-in-interest if he/she stands to be benefited
or injured by the judgment.
A party who impleads another cannot later question the
standing of the latter.
FACTS
Ortigas & Co. (Ortigas) sold to Emilia Hermoso
(Hermoso) a parcel of land, with the condition that
only a single-family residential building shall be
erected on the same.
A few years later, the Metro Manila Development
Authority (MMDA) issued a zoning ordinance which
effectively reclassified the land bought by Hermoso
from residential to commercial.
Hermoso leased the land to Ismael Mathay III
(Mathay). Mathay constructed a single-storey
commercial building on the land.
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