The Supreme Court ruled that annexes to a complaint are considered part of the complaint and should be evaluated together with it. BSP filed a complaint against Legaspi for annulment of title and damages, with an application for injunction. Legaspi argued the complaint failed to establish jurisdiction because it did not state the assessed value of the property. However, the complaint included an annex showing the property's assessed value. The Supreme Court found this non-fatal, as annexes are part of the complaint, and the annex provided the missing information.
The Supreme Court ruled that annexes to a complaint are considered part of the complaint and should be evaluated together with it. BSP filed a complaint against Legaspi for annulment of title and damages, with an application for injunction. Legaspi argued the complaint failed to establish jurisdiction because it did not state the assessed value of the property. However, the complaint included an annex showing the property's assessed value. The Supreme Court found this non-fatal, as annexes are part of the complaint, and the annex provided the missing information.
The Supreme Court ruled that annexes to a complaint are considered part of the complaint and should be evaluated together with it. BSP filed a complaint against Legaspi for annulment of title and damages, with an application for injunction. Legaspi argued the complaint failed to establish jurisdiction because it did not state the assessed value of the property. However, the complaint included an annex showing the property's assessed value. The Supreme Court found this non-fatal, as annexes are part of the complaint, and the annex provided the missing information.
The Supreme Court ruled that annexes to a complaint are considered part of the complaint and should be evaluated together with it. BSP filed a complaint against Legaspi for annulment of title and damages, with an application for injunction. Legaspi argued the complaint failed to establish jurisdiction because it did not state the assessed value of the property. However, the complaint included an annex showing the property's assessed value. The Supreme Court found this non-fatal, as annexes are part of the complaint, and the annex provided the missing information.
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G.R. No.
205966 March 02, 2016
BANGKO SENTRAL NG PILIPINAS, Petitioner, v. FELICIANO P.
LEGASPI, Respondent.
PERALTA, J.:
Doctrines:
Annexes to a complaint are deemed part of, and should be
considered together with the complaint.
The Honorable Supreme Court has ruled that: “The non-inclusion on
the face of the complaint of the amount of the property, however, is not fatal because attached in the complaint is a tax declaration of the property in question.”
FACTS:
BSP filed a Complaint for annulment of title, revocation of certificate
and damages (with application for TRO / writ of preliminary injunction) against respondent. The RTC issued the preliminary injunction against respondent. In one of his defenses, Legaspi alleged that RTC failed to acquire jurisdiction over the action because the complaint, a real action, failed to allege the assessed value of the subject property. BSP countered that a tax declaration showing the assessed value and latest zonal value was annexed to the complaint.
ISSUE:
Whether or not failure to allege the amount in the face of the
complaint would tantamount to a lack of a cause of action;
RULING:
It depends. The Honorable Supreme Court stated that:
“The non-inclusion on the face of the complaint of the amount of the
property, however, is not fatal because attached in the complaint is a tax declaration (Annex “N” in the complaint) of the property in question showing that it has an assessed value of P215,320.00. It must be emphasized that annexes to a complaint are deemed part of, and should be considered together with the complaint (emphasis mine). In Fluor Daniel, Inc. – Philippines vs. E.B. Villarosa and Partners Co., Ltd., this Court ruled that in determining the sufficiency of a cause of action, the courts should also consider the attachments to the complaint, thus: We have ruled that a complaint should not be dismissed for insufficiency of cause of action if it appears clearly from the complaint and its attachments that the plaintiff is entitled to relief. The converse is also true. The complaint may be dismissed for lack of cause of action if it is obvious from the complaint and its annexes that the plaintiff is not entitled to any relief”
