CASE 2017-0017: ASIA BREWERY, INC. AND CHARLIE S. GO VS. EQUITABLE PCI BANK (NOW BANCO DE ORO-EPCI, INC.)  (G.R. NO. 190432 25 APRIL 2017, SERENO, CJ:)


DISPOSITIVE:

 

“WHEREFORE, the petition is GRANTED. The Order dated 30 January 2008 issued by Judge Benjamin T. Pozon and the Order dated 23 November 2009 issued by Judge Winlove Dumayas in Civil Case No. 04-336 are REVERSED and SET ASIDE. The Complaint is REINSTATED, and the case is ordered REMANDED to the Regional Trial Court of Makati City for further proceedings. Let the records of the case be likewise remanded to the court a quo.

 

SO ORDERED.”

 

 SUBJECTS/DOCTRINES/DIGEST:

 

” The test to determine whether a complaint states a cause of action against the defendants is this: admitting hypothetically the truth of the allegations of fact made in the complaint, may a judge validly grant the relief demanded in the complaint?40
We believe that petitioner met this test.


A cause of action has three elements: 1) the legal right of the plaintiff; 2) the correlative obligation of the defendant not to violate the right; and 3) the act or omission of the defendant in violation of that legal right.”

 

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2017-0017-Asia Brewery Inc and Charlie S. Go Vs Equitable PCI Bank

 

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