No legal capacity to sue

Legal capacity to sue means that a party is not suffering from any disability such as minority, insanity, covertures, lack of juridical personality, incompetence, civil interdiction or does not have the character or representation which he claims or with respect to foreign corporation, that it is doing business in the Philippines with a license.


The Supreme Court has held that a person who has no interest in the estate of a deceased person has no legal capacity to file a petition for letters of administration. With respect to foreign corporations, the qualifying circumstances of plaintiff’s capacity to sue being an essential element must be affirmatively pleaded. The qualifying circumstance is an essential part of the element of the plaintiff’s capacity to sue. The complaint must either allege that it is doing business in the Philippines with a license or that it is a foreign corporation not engaged in business and that it is suing in an isolated transaction. (G.R. No. L-44888)