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    Prudencio Ruiz Agacita
    The document summarizes a court case between a private individual (Barilea) and a bank (PNB). Barilea obtained loans from PNB secured by a mortgage on his land. PNB then filed to sell the mortgaged property, which Barilea alleged was done prematurely and maliciously. Barilea filed a complaint for damages. The issue is whether the complaint should be dismissed given the property sale. The court found that Barilea's complaint alleged sufficient facts to state a cause of action for damages, including expenses, anxiety and humiliation from the alleged premature and malicious foreclosure.

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    2 Facts

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    Prudencio Ruiz Agacita
    23 views1 page
    The document summarizes a court case between a private individual (Barilea) and a bank (PNB). Barilea obtained loans from PNB secured by a mortgage on his land. PNB then filed to sell the mortgaged property, which Barilea alleged was done prematurely and maliciously. Barilea filed a complaint for damages. The issue is whether the complaint should be dismissed given the property sale. The court found that Barilea's complaint alleged sufficient facts to state a cause of action for damages, including expenses, anxiety and humiliation from the alleged premature and malicious foreclosure.

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    The document summarizes a court case between a private individual (Barilea) and a bank (PNB). Barilea obtained loans from PNB secured by a mortgage on his land. PNB then filed to sell the mortgaged property, which Barilea alleged was done prematurely and maliciously. Barilea filed a complaint for damages. The issue is whether the complaint should be dismissed given the property sale. The court found that Barilea's complaint alleged sufficient facts to state a cause of action for damages, including expenses, anxiety and humiliation from the alleged premature and malicious foreclosure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views1 page

    2 Facts

    Uploaded by

    Prudencio Ruiz Agacita
    The document summarizes a court case between a private individual (Barilea) and a bank (PNB). Barilea obtained loans from PNB secured by a mortgage on his land. PNB then filed to sell the mortgaged property, which Barilea alleged was done prematurely and maliciously. Barilea filed a complaint for damages. The issue is whether the complaint should be dismissed given the property sale. The court found that Barilea's complaint alleged sufficient facts to state a cause of action for damages, including expenses, anxiety and humiliation from the alleged premature and malicious foreclosure.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    2

    FACTS:
    On 12 November 1991 private respondent Romeo Barilea filed a complaint for damages
    with the Regional Trial Court of Negros Occidental with a prayer for the issuance of a
    temporary restraining order and writ of preliminary injunction against petitioner
    Philippine National Bank (PNB) and the Provincial Sheriff of Negros Occidental.

    The complaint alleged that: private respondent herein obtained sugar crop loans with
    petitioner to finance his sugarcane plantation. THIS LOAN WAS secured by a mortgage
    on Barilea's parcel of land. while he was harvesting and cutting canes for the purpose of
    milling the same, petitioner filed a petition for the sale of the mortgaged property under
    Act No. 3135 as amended with the Provincial Sheriff of Negros Occidental, and that,
    consequently, the latter issued a Notice of Extrajudicial Sale by public auction of private
    respondent's property. The complaint further stated that that in filing the petition for the
    sale of the mortgaged property, petitioner acted with malice and bad faith in order to
    embarrass him AND THAT HE IS ENTITLE TO DAMAGES.

    Instead of filing an answer to the complaint, petitioner filed a motion to dismiss 

    ISSUE:
    whether the complaint for damages based on the foreclosure of mortgage should now
    be dismissed in view of the foreclosure sale.
    HELD:
    In a motion to dismiss on the ground that the complaint states no cause of action, the
    question to be resolved by the trial court is whether the facts alleged in the complaint
    are sufficient to constitute a cause of action and not whether the allegations of fact are
    true as the latter are hypothetically admitted. 5 Hence, a complaint sufficiently states a
    cause of action when the following questions are answered in the affirmative: (a) Does
    the complaint show the plaintiff has suffered an injury? (b) Is it an injury which the law
    recognizes as a wrong and for which it provides a remedy? (c) Is the defendant liable
    for the alleged wrong done? and, (d) If the defendant is liable, is there a legal remedy
    for such injury? 

    Applying these criteria to the complaint of private respondent, the same alleged facts
    are sufficient to state a cause of action for damages. The complaint alleged that private
    respondent suffered actual expenses, moral anxiety and public humiliation, among
    others, as a result of the alleged premature and malicious filing of the petition for
    foreclosure of mortgage over private respondent's property; hence, the prayer for
    damages and attorney's fees.

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