Lawyerly

You're currently signed in as:
User

GOODYEAR PHILIPPINES v. ANTHONY SY

This case has been cited 8 times or more.

	GR No. 152272 2012-03-05	JUANA COMPLEX I HOMEOWNERS ASSOCIATION v. FIL-ESTATE LAND MENDOZA, J.
The question of whether the complaint states a cause of action is determined by its averments regarding the acts committed by the defendant.[19] Thus, it must contain a concise statement of the ultimate or essential facts constituting the plaintiff's cause of action.[20] To be taken into account are only the material allegations in the complaint; extraneous facts and circumstances or other matters aliunde are not considered.[21]
	GR No. 177874 2008-09-29	JAIME D. ANG v. CA CARPIO MORALES, J.
The appellate court, by the challenged Decision[17] of August 30, 2006, noting the sole issue to be resolved whether the RTC erred in directing Soledad to pay Ang the amount the latter paid to BA Finance plus legal interest, held that, following Goodyear Phil., Inc. v. Anthony Sy,[18] Ang "cannot anymore seek refuge under the Civil Code provisions granting award of damages for breach of warranty against eviction for the simple fact that three years and ten months have lapsed from the execution of the deed of sale in his favor prior to the filing of the instant complaint." It further held:It bears to stress that the deed of absolute sale was executed on July 28, 1992, and the instant complaint dated May 15, 1996 was received by the MTCC on July 15, 1996.
	GR No. 160604 2008-03-28	PHILIPPINE DAILY INQUIRER v. ELMO M. ALAMEDA AZCUNA, J.
Of the three, the most important is the last element since it is only upon the occurrence of the last element that a cause of action arises, giving the plaintiff the right to maintain an action in court for recovery of damages or other appropriate relief.[29] In determining whether an initiatory pleading states a cause of action, "the test is as follows: admitting the truth of the facts alleged, can the court render a valid judgment in accordance with the prayer?" To be taken into account are only the material allegations in the complaint; extraneous facts and circumstances or other matters aliunde are not considered. The court may however consider, in addition to the complaint, the appended annexes or documents, other pleadings of the plaintiff, or admissions in the records.[30]
	GR NO. 143482 2007-04-13	CONRADO PINEDA v. PEDRO T. SANTIAGO GARCIA, J.
In Goodyear, Phils., Inc. v. Sy,[11] the Court enumerated the elements that constitute a cause of action, to wit:1) the legal right of the plaintiff;
	GR NO. 166496 2006-11-29	JOSEFA BAUTISTA FERRER v. SPS. MANUEL M. FERRER AND VIRGINIA FERRER AND SPS. ISMAEL M. FERRER AND FLORA FERRER CHICO-NAZARIO, J.
A complaint states a cause of action only when it has the three indispensable elements.[19]
	GR NO. 166403 2006-11-02	BENZON O. ALDEMITA v. HEIRS OF MELQUIADES SILVA AUSTRIA-MARTINEZ, J.
3) an act or omission of the defendant that violates such right.[19]
	GR NO. 149468 2006-10-23	MARIE IOLE NACUA-JAO v. CHINA BANKING CORPORATION AUSTRIA-MARTINEZ, J.
To determine if a complaint states a cause of action, the test is whether, admitting the truth of the facts alleged therein, the court may render a valid judgment in accordance with the prayer. If the answer is "no," the complaint does not state a cause of action and should be dismissed forthwith. If "yes," then it does and must be given due course.[22] What are considered, however, are only the material allegations in the complaint, the appended annexes or documents and other pleadings of the plaintiff, or the admissions in the records.[23] Extraneous facts and circumstances are not taken into account.[24]
	GR NO. 172175 2006-10-09	SPS. EXPEDITO ZEPEDA AND ALICE D. ZEPEDA v. CHINA BANKING CORPORATION YNARES-SANTIAGO, J.
A cause of action is a formal statement of the operative facts that give rise to a remedial right. The question of whether the complaint states a cause of action is determined by its averments regarding the acts committed by the defendant. Thus it "must contain a concise statement of the ultimate or essential facts constituting the plaintiff's cause of action." Failure to make a sufficient allegation of a cause of action in the complaint "warrants its dismissal."[8]