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Title of the Case: Wee vs. Galvez, 436 SCRA 96, August 11, 2004
Quisumbing
- The Wees moved to dismiss the case based on the following grounds: (1)
the lack of allegation in the complaint that earnest efforts toward a
compromise had been made in accordance with Article 1515 of the Family
Code; (2) failure to state a valid cause of action, the action being premature
in the absence of previous earnest efforts toward a compromise; and (3) the
certification against forum shopping was defective, having been executed
by an attorney-in-fact and not the plaintiff.
- Rosario amended her complaint to add that “Earnest efforts towards have
been made but the same have failed” (mali talaga yung sinulat nila). The
trial court accepted the amended complaint and dismissed the Wee’s
motion to dismiss. Wee moved for an MFR. It was also denied.
- The Wee couple brought the matter to the Court of Appeals via a special
civil action for certiorari, prohibition, and mandamus. It was also denied.
The Court of Appeals held that the complaint, as amended, sufficiently
stated a cause of action. It likewise held that the questioned certification
against forum shopping appended thereto was not so defective as to
Kempeen Brian Bernadas
LO3, Uno-r School of Law
Civil Procedure
Cause of Action
warrant the dismissal of the complaint. An MFR was filed but was likewise
denied.
Procedural Issue: WON the amended complaint before the RTC states a
cause of action
Ruling: Yes.
In the instant case, paragraph 9-A of the Amended Complaint deals with
the topic of efforts made by the respondent to reach a compromise between
the parties. Hence, it is in this light that the defective lead sentence must be
understood or construed.