This case has been cited 2 times or more.
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2012-09-19 |
PERALTA, J. |
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| Ultimate facts mean the important and substantial facts which either directly form the basis of the plaintiff's primary right and duty or directly make up the wrongful acts or omissions of the defendant.[13] They refer to the principal, determinative, constitutive facts upon the existence of which the cause of action rests.[14] | |||||
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2012-06-27 |
DEL CASTILLO, J. |
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| Based on the foregoing provision, a document is actionable when an action or defense is grounded upon such written instrument or document. In the instant case, the Charge Invoices[28] are not actionable documents per se as these "only provide details on the alleged transactions."[29] These documents need not be attached to or stated in the complaint as these are evidentiary in nature.[30] In fact, respondent's cause of action is not based on these documents but on the contract of sale between the parties. | |||||