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PEOPLE v. MARIO ALIVIADO Y CORDOVA

This case has been cited 1 times or more.

2015-06-22
DEL CASTILLO, J.
Respondents went up to the Court of Appeals (CA) via an original Petition for Certiorari.[20] Docketed as CA-G.R. SP No. 113782, the petition essentially insisted that since petitioner's complaint failed to include an allegation that respondents were purchasers in bad faith, then her complaint for annulment of sale failed to state a cause of action, which entitles them to a dismissal on demurrer; and that in denying their demurrer, the trial court disregarded existing jurisprudence to the effect that where a complaint does not contain all the facts constituting the plaintiffs cause of action, it is subject to a motion to dismiss. In addition to seeking the reversal of the trial court's January 5, 2010 and February 24, 2010 Orders, respondents prayed for injunctive relief as well.