This case has been cited 1 times or more.
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2013-09-11 |
PERLAS-BERNABE, J. |
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| On September 14, 1999, the RTC-Pasig City issued a Resolution[36] denying the abovementioned motions to dismiss, holding that Consing, Jr.'s complaint sufficiently stated a cause of action for tort and damages pursuant to Article 19 of the Civil Code. It ruled that where there is abusive behavior, a complainant, like Consing, Jr., has the right to seek refuge from the courts. It also noted that the elements of libel in a criminal case are not the same as those for a civil action founded on the provisions of the Civil Code, and therefore, necessitates a different treatment. It equally refused to dismiss the action on the ground of non-payment of docket fees, despite Consing, Jr.'s escalated claims for damages therein, as jurisdiction was already vested in it upon the filing of the original complaint. Moreover, it resolved to apply the liberal construction rule as regards the subject complaint's verification and certification, despite its improper wording, considering further that such defect was not raised at the first opportunity. Consequently, it ordered Unicapital and PBI, et al. to file their Answer and, in addition, to submit "any Comment or Reaction within five (5) days from receipt hereof on the allegations of [Consing, Jr.] in [his] rejoinder of September 9, 1999 regarding the supposed filing of an identical case in Makati City,"[37] i.e., Civil Case No. 99-1418. Unperturbed, Unicapital and PBI, et al. moved for reconsideration therefrom which was, however, denied by the RTC-Pasig City in an Order[38] dated February 15, 2001 for lack of merit. Aggrieved, they elevated the denial of their motions to dismiss before the CA via a petition for certiorari and prohibition,[39] docketed as CA-G.R. SP Nos. 64019 and 64451. | |||||