This case has been cited 1 times or more.
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2004-08-11 |
QUISUMBING, J. |
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| Under Article 151 of the Family Code, a suit between members of the same family shall not be entertained, unless it is alleged in the complaint or petition that the disputants have made earnest efforts to resolve their differences through compromise, but these efforts have not succeeded. The attempt to compromise as well as its failure or inability to succeed is a condition precedent to the filing of a suit between members of the same family.[35] Rule 8, Section 3[36] of the 1997 Rules of Civil Procedure provides that conditions precedent may be generally averred in the pleadings. Applying the foregoing to the instant case, we have to ask: Is there a sufficient general averment of the condition precedent required by the Family Code in the Amended Complaint in Civil Case No. Q-99-37372? | |||||