Professional Documents
Culture Documents
After the defendants (FFMC, the adhering planters, and the Sugar Quota Administrator) had filed their
respective answers, the plaintiff-appellant filed a Motion to admit Amended and Supplemental Complaint.
PNB(Philippine National Bank) and NIDC (National Investment and Development Corporation) as party
defendants, “who became creditors of defendant FFMC central prior to the institution of the instant case,
and who therefore are necessary parties, is fatal to the complaint.” It was alleged, that defendants NIDC and
PNB extended loans to FFMC in the amount of P12,210,000.00 on June 18,1965 and P4,000,000.00 on Dec.
14, 1966, to assist in the illegal creation and operation of said mill, hence a joint tortfeasors in the trespass
of plaintiff’s rights. It was prayed that they be ordered to jointly and severally pay plaintiff actual and
exemplary damages of not less that P1 million pesos.
Then the defendant filed their respective answer. In their answer, the PNB and NIDC had contended that
they had no participation whatsoever either directly or indirectly on the alleged illegal transfer of the
defendant planters from the plaintiff to the defendant mill. In addition, the granting of loans by the
defendants PNB and NIDC in favor of the defendant mill did not violate any rights of the plaintiff because
these loans were extended in the ordinary and usual course of business as authorized by their charter. Hence,
the latter defendants did not commit any tortious action against the plaintiffs and, consequently the plaintiffs
have no cause of action against the defendants (PNB and NIDC).
ISSUE/S
WON the allegations of the Amended and Supplemental Complaint constituted a sufficient cause of action
against PNB and NIDC.
RULING
NO.
It is basic that the complaint must contain a concise statement of the ultimate facts constituting the
plaintiff’s cause of action. “Ultimate facts” are the important and substantial facts, which either directly
form and basis of the plaintiff’s primary right, and duty, or directly make up the wrongful acts or omissions
by the defendant.
When the ground for dismissal is that the complaint states that the Complaint states no cause of action, the
rule is that its sufficiency can only be determined by considering the facts alleged in the Complaint and no
other. The allegations in the complaint must be accepted as true and it is not permissible to go beyond and
outside of them for date or facts. And the test of sufficiency of the facts alleged is whether or not the Court
could render a valid judgment as prayed for accepting as true exclusive facts set forth in the Complaint.
The subject Amended and Supplemental Complaint fails to meet the test. It is not supported by well-pleased
averment of facts. Nowhere is it alleged that defendants-appellees had notice, information or knowledge of
any flaw, much less any illegality, in their co-defendants’ actuations, assuming that there was such a flaw or
illegality. Although it is averred that the defendant’s acts were done in bad faith, the Complaint does not
contain any averment of facts showing that the acts were done in the manner alleged.
“The doing of an act which is in itself perfectly lawful will not render one liable as for a tort, simply
because the unintended effect of such act is to enable or assist another person to do or accomplish a
wrong, assuming, of course, that there was such wrong.”
DETAILS THAT ARE NOT RELEVANT BUT MIGHT GET ASKED ANYWAY
Bad faith is never presumed (Art. 527, NCC). And it has been held that “to support a judgment for damages,
facts which justify the inference of a lack or absence of good faith must be alleged and proven.”