The Paksiteer Podcast

The Paksiteer Podcast

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The Paksiteer Podcast episodes

  • LEGAL SIZE: (REMEDIAL LAW) Conflict Between Allegations In A Complaint And Its Supporting Documents

    LEGAL SIZE: "Bite-sized" legal knowledge in Philippine law.

    Established jurisprudence dictates that in cases where there is a conflict between the allegations in a complaint and its supporting documents, the complainant must be given the opportunity to reconcile the same, consistent with the fundamental principle of due process. The Court's ruling in World Wide Insurance & Surety Co., Inc. v. Manuel[^1] is thus apropos:


    x x x To determine whether a complaint states a cause of action one must accept its allegations as true. One may not go beyond and outside the complaint for data or facts, especially contrary to the allegations of the complaint, to determine whether there is cause of action. Of course, there are cases where there may be a conflict or contradiction between the allegations of a complaint and a document or exhibit attached to and made part of it. In that case, instead of dismissing the complaint, defendant should be made to answer the same so as to establish an issue and then the parties will be given an opportunity, the plaintiff to reconcile any apparent conflict between the allegations in his complaint and a document attached to support the same, and the defendant an equal opportunity to refute the allegations of the complaint and to show that the conflict between its allegation and the document attached to it is real, material and decisive. (Gatmaytan v. Misibis Land, Inc., G.R. No. 222166, June 10, 2020.)


    [^1]: 98 Phil. 46 (1955)



    3 min

About The Paksiteer Podcast

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Where the paksiteer shares the experience, the wisdom, the knowledge about real estate marketing and selling here in Cebu, Philippines.