This case has been cited 2 times or more.
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2013-04-02 |
BRION, J. |
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| In Pascual v. Beltran,[44] we affirmed the CA's dismissal of the petition for certiorari before the appellate court because it was the Solicitor General, not the petitioner, who signed the certification against forum shopping. | |||||
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2010-07-29 |
CARPIO, J. |
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| In Pascual v. Beltran,[14] the Court held that: [I]n the case at bar, petitioner is actually sued in his personal capacity inasmuch as his principal, the State, can never be the author of any wrongful act. The Complaint filed by the private respondent with the RTC merely identified petitioner as Director of the Telecommunications Office, but did not categorically state that he was being sued in his official capacity. The mere mention in the Complaint of the petitioner's position as Regional Director of the Telecommunications Office does not transform the action into one against petitioner in his official capacity. What is determinative of the nature of the cause of action are the allegations in the complaint. It is settled that the nature of a cause of action is determined by the facts alleged in the complaint as constituting the cause of action. The purpose of an action or suit and the law to govern it is to be determined not by the claim of the party filling [sic] the action, made in his argument or brief, but rather by the complaint itself, its allegations and prayer for relief.[15] (Emphasis supplied) | |||||