Scribd
Upload
52 views2 pages

CIVPRO I Actions

(1) Jose Diaz filed a complaint against Juan and Elizabeth Diaz regarding a property bought in Greenhills by Elizabeth. The property was partly bought with money from a previous sale of a lot co-owned by Jose and Elizabeth. (2) Juan and Elizabeth filed a motion to dismiss, arguing the complaint failed to establish Jose's rights or their wrongful acts. (3) The Court denied the motion, finding the complaint established the elements of a valid cause of action by alleging Jose's legal right to proceeds from the previous lot sale, the obligation of Juan and Elizabeth to return the equivalent value, and their refusal to do so.

Uploaded by

Benedick Ledesma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
52 views2 pages

CIVPRO I Actions

(1) Jose Diaz filed a complaint against Juan and Elizabeth Diaz regarding a property bought in Greenhills by Elizabeth. The property was partly bought with money from a previous sale of a lot co-owned by Jose and Elizabeth. (2) Juan and Elizabeth filed a motion to dismiss, arguing the complaint failed to establish Jose's rights or their wrongful acts. (3) The Court denied the motion, finding the complaint established the elements of a valid cause of action by alleging Jose's legal right to proceeds from the previous lot sale, the obligation of Juan and Elizabeth to return the equivalent value, and their refusal to do so.

Uploaded by

Benedick Ledesma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

SPOUSES JUAN J. DIAZ and ELIZABETH L.

DIAZ, petitioners,
vs.
JOSE DIAZ and COURT OF APPEALS, respondents.

G.R. No. 135885 April 28, 2000

DE LEON, JR., J.:

FACTS:
Action for a sum of money was filed before the Regional Trial Court of by
private respondent Jose Diaz against petitioners Juan and Elizabeth Diaz. The
complaint stemmed from a property bought in Greenhills by Elizabeth Diaz.
It was bought with money of a previous sale of lot both co-owned by Jose and
Elizabeth. The Greenhills property was effectively and partly held in trust by
Elizabeth for Jose. Jose demands P2 million for his part of the lot taking into
account the current value of the lot. Elizabeth Diaz filed a motion to dismiss
for lack of cause of action. Petitioners maintain that private respondent’s
complaint failed to state a cause as it contained mere averments of facts and
conclusions of law that neither establish any right or claim on the part of
private respondent nor constitute wrongful acts or omissions violative of his
right.

ISSUE:
Whether or not there constitutes a sufficient cause of action.

HELD:
It has been consistently ruled that a complaint states a cause of action when
it contains the following elements: (1) the legal right of plaintiff, (2) the
correlative obligation of the defendant, and (3) the act or omission of the
defendant in violation of said legal right. In the case at bar, the connection
which petitioners seek can readily be found by an examination of the
Complaint in its entirety. In his complaint, private respondent alleged that he
was entitled to receive P15,000.00 as his share in the sales proceeds of the
Mandaluyong property. He thereafter claimed that, with his knowledge and
without his objection, the same P15,000.00 was used by his brother in
paying for the Greenhills property. Having allowed his brother to use his
money, private respondent demanded the return of the present equivalent of
his contribution following the sale of the Greenhills property but he said
demand was rejected. Hypothetically admitting these allegations, private
respondent’s Complaint satisfies all the elements of a cause of action.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy