G.R. No.
182779 August 23, 2010
VICTORINA (VICTORIA) ALICE LIM LAZARO, Petitioner,
vs.
BREWMASTER INTERNATIONAL, INC., Respondent.
1. Facts of the case:
a. The petitioner, Victorina (Victoria) Alice Lim Lazaro and Prescillo G. Lazaro (Prescillo) her husband, obtained beer and other products worth a
total of P138, 502.92 on credit from respondent, Brewmaster International, Inc. who is a marketing company engaged in selling and distributing
beer and other products;
b. Petitioner and husband refused to pay the said amount despite the demands by the respondent
c. Brewmaster International, Inc. filed a Complaint for Sum of Money against Prescillo G. Lazaro (Prescillo) and petitioner, Victorina (also known
as Victoria) Alice Lazaro
2.
3. Issue 1: Whether or not the Court of Appeals erred in applying the provisions of the Revised Rules on Summary Procedure.
Ruling: No. The Court of Appeals correctly applied the Rules of Summary Procedure in this case. Since this is a collection case under the MeTC, it
should be under Summary Procedure hence the CA was correct in using the ff rules:
Sec. 7. Preliminary conference; appearance of parties. Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The
rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule.
The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence
of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section 6 hereof. This Rule shall not apply where one of two
or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference.
Sec. 6. Effect of failure to answer. Should the defendant fail to answer the complaint within the period above provided, the court, motu proprio, or on motion
of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein: Provided, however,
that the court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. This is without
prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more defendants.
Thus, the non-appearance of the Spouses Lazaro in the preliminary conference meant that the MeTC should have decided on the case based on
the facts alleged in the complaint. The Sales Invoice where the MeTC founded their ruling upon is irrelevant in the case since it is evidenciary
and should not have been recognized by the MeTC. The only material facts are those alleged in the case and the MeTC should have decided on
the case based on it.
Issue 2: Whether or not the complaint did state a cause of action.
Ruling: Yes, the Supreme Court says it di state a cause of action. Petitioner says the invoice proves that she was not the purchaser. SC says that is
evidenciary, and the Court does not go there if the case is supposed to be only judged according to the material allegations of the complaint.
On requirements for a complaint: The basic requirement under the rules of procedure is that a complaint must make a plain, concise, and direct
statement of the ultimate facts on which the plaintiff relies for his claim. Ultimate facts mean the important and substantial facts which either
directly form the basis of the plaintiffs primary right and duty or directly make up the wrongful acts or omissions of the defendant. They refer to
the principal, determinative, constitutive facts upon the existence of which the cause of action rests. The term does not refer to details of probative
matter or particulars of evidence which establish the material elements.
The test of sufficiency of the facts alleged in a complaint to constitute a cause of action is whether, admitting the facts alleged, the court could
render a valid judgment upon the same in accordance with the prayer of the petition or complaint. To determine whether the complaint states
a cause of action, all documents attached thereto may, in fact, be considered, particularly when referred to in the complaint. We emphasize,
however, that the inquiry is into the sufficiency, not the veracity of the material allegations in the complaint. Thus, consideration of the annexed
documents should only be taken in the context of ascertaining the sufficiency of the allegations in the complaint.
Decision, reversed trial
PROCEDURAL FLOWCHART courts decision & ordered
Scheduled preliminary
June 14, 2006
conference, petitioner
petitioner & husband to pay
the amount plus interests
A
and her co-defendant
Original Case; did not appear
Commencement of action
September 4, 2007
Rule 48
Rule 6, Sec 13
Rule 42, Sec 6
Rule 1, Sec. 5 &7
August 22, 2006
Victoria filed her answer Respondent then went to the
with a counterclaim denying CA through a petition for
she transacted with review,applying Section 7of
MeTC dismissed the
November 9, 2005 the Revised Rule on Summary
Brewmaster that it was complaint Procedure, in conjunction
TOTAL who purchased with Section 6
Brewmaster Intl. filed a
collection case/for sum of
money to Metc Makati for Rule 6, Sec 13 Rule 41, Sec 5
P180,502 worth of goods Rule17
Revised rules of Respondent elevated the
Prescillo filed an answer case to the Regional Trial
procedure for
with counterclaim Court (RTC) through a
small claims
notice of appeal.
A
January 31, 2008
Petitioner filed a motion for
reconsideration of the said
Decision but the same was
denied by the CA
Court of Appeals
Decision Sept 4, 2007 &
Resolution Jan 31, 2008
Rule 52
AFFIRMED Rule 6
