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VIEWMASTER CONSTRUCTION CORPORATION v. ALLEN C. ROXAS

This case has been cited 1 times or more.

2002-06-06
QUISUMBING, J.
Worth stressing, the existence of a cause of action is not determined by one's involvement in a contract.  Participation in a contract is not an element to determine the existence of a cause of action.  The rule is that only the allegations in the complaint may properly be considered in ascertaining the existence of a cause of action.  Lack of cause of action must appear on the face of the complaint and its existence may be determined only by the allegations of the complaint.  Consideration of other facts is proscribed and any attempt to prove extraneous circumstances is not allowed.[14]