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UBS MARKETING CORP. vs.

CA

Petitioner K.H. Uy and respondents B.H. Uy are siblings from a family who owns several
corporations.
Due to conflict, through conciliation, they decided to divide the family business. UBS being
assigned to herein petitioner.
Petitioner filed before the SEC a petition against respondents for the recovery of the
records, properties and funds of UBS.
SEC ordered the respondents to initiate an accounting and pay the petitioners and the
stockholders.
CA ordered for the accounting ang restitution of funds, but removed the award of money for
the petitioners, as it was not included as relief sought in the pleadings.

ISSUE: WON SEC erred in awarding money as it was not specifically stated in the pleadings.

RULING: In the case, the SEC was correct in the awarding of money as it was based on its findings
that UBS is liable for the restitution of the funds to petitioner and their stockholders. It is a rule of
pleading that the prayer for relief, though part of the complaint, is no part of the cause of action,
and plaintiff is entitled to as much relief as the facts may warrant.

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