Author Topic: Effect of court complaint filed by one who is not authorized  (Read 796 times)

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Effect of court complaint filed by one who is not authorized
« on: October 25, 2012, 07:20:46 AM »
What then, is the effect of a complaint filed by one who has not proven his authority to represent a plaintiff in filing an action? 

In Tamondong v. Court of Appeals, the Court categorically stated that “f a complaint is filed for and in behalf of the plaintiff [by one] who is not authorized to do so, the complaint is deemed not filed.  An unauthorized complaint does not produce any legal effect.  Hence, the court should dismiss the complaint on the ground that it has no jurisdiction over the complaint and the plaintiff.”

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