February 1965 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
Philippine Supreme Court Jurisprudence > Year 1965 > February 1965 Decisions >
G.R. No. L-17126 February 27, 1965 - ALFONSO HILADO v. VICTORIAS MILLING CO., INC., ET AL.:
EN BANC
[G.R. No. L-17126. February 27, 1965.]
ALFONSO HILADO, Plaintiff-Appellant, v. VICTORIAS MILLING CO., INC., and CARLOS L. LOCSIN, Defendants, CARLOS L. LOCSIN, Defendant-Appellee.
Lopez-De Joya, Dimaguila, Hermoso & Divino, for Plaintiff-Appellant.
Ross, Selph & Carrascoso, for Defendant-Appellee.
SYLLABUS
1. PLEADINGS AND PRACTICE; COMPLAINT SHOULD BE AMENDED WHEN DEFICIENCY CAN BE CURED. - Where the deficiency in a complaint was one that may be cured, the lower court, instead of dismissing the complaint, should have given appellant a reasonable opportunity to amend his pleading, if he so desired.
D E C I S I O N
DIZON, J.:
Appeal taken by Alfonso Hilado, plaintiff in Civil Case No. 40745 of the Court of First Instance of Manila, from an order of said court dismissing his complaint as against Carlos L. Locsin, one of the defendants therein, for lack of cause of action.
On July 11, 1959, appellant instituted said action against the Victorias Milling Co., Inc. and Locsin, its President, to recover from them, jointly and severally, the sums of P18,000.00 as actual damages, P200,000.00 as moral damages, P50,000.00 as exemplary damages and P10,000.00 as attorney’s fees, plus the costs of suit.
The complaint alleged in synthesis that sometime in the month of July or August, 1956, Locsin, in his capacity as President of the Victorias Milling Co., Inc. offered appellant the position of Technical Assistant to the President of the corporation, with a monthly salary of P1,500.00; that, at first, appellant was not inclined to accept the offer because it meant transferring his residence and family from Manila to Occidental Negros; that upon the insistence of Locsin, coupled with an offer of a loan of P2,000.00, appellant was prevailed upon to accept the offer, for which reason he resigned his position as chief of the legal department of the Binalbagan-Isabela Sugar Co., Inc. and gave up his teaching assignments in various universities in Manila; that on September 1, 1956, appellant assumed his new position as Technical Assistant to the President of the Victorias Milling, Co., Inc. at a monthly salary of P1,500.00; that on June 30, 1959, his employment thereat was unjustly terminated; that as a result of his sudden and unexpected dismissal, he suffered damages.
Locsin moved to dismiss the complaint as against him on the ground that it stated no cause of action, alleging that, in hiring appellant, he acted in an official capacity as president of the corporation, and that, if at all, appellant’s cause of action was only against the corporation which had a personality separate and distinct from that of its stockholders and officers.
On July 30, 1959, the trial court issued the appealed order. Appellant’s motion for reconsideration having been denied, the present appeal was taken.
The only issue to be resolved is whether the facts alleged in the complaint constitute a sufficient cause of action against appellee Locsin. After a careful study thereof, we are inclined to believe that appellant’s allegation in paragraph 3 of his complaint that Locsin, in his capacity as President of the Victorias Milling Co., Inc., offered him the position of Technical Assistant to the President, renders his cause of action against Locsin doubtful. It must be observed furthermore that paragraph 9 of the complaint does not allege specifically that the notice terminating appellant’s services was signed by Locsin and if so, whether he signed it in his personal capacity or as President of the corporation. In view of these circumstances, it can not be said that the lower court was entirely wrong in dismissing the complaint as far as Locsin is concerned.
We are of the opinion, however, that the deficiency of the complaint, insofar as it purported to state a cause of action against Locsin, was one that may be cured. Therefore, instead of dismissing the complaint as against said party, the lower court should have given appellant a reasonable opportunity to amend his complaint, if he so desired.
In conformity with what has been said heretofore, judgment is rendered setting aside the order of dismissal and remanding the case below for further proceedings in accordance with this decision.
Bengzon, C.J., Bautista Angelo, Reyes, J.B.L., Barrera, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
Concepcion, J., took no part.
On July 11, 1959, appellant instituted said action against the Victorias Milling Co., Inc. and Locsin, its President, to recover from them, jointly and severally, the sums of P18,000.00 as actual damages, P200,000.00 as moral damages, P50,000.00 as exemplary damages and P10,000.00 as attorney’s fees, plus the costs of suit.
The complaint alleged in synthesis that sometime in the month of July or August, 1956, Locsin, in his capacity as President of the Victorias Milling Co., Inc. offered appellant the position of Technical Assistant to the President of the corporation, with a monthly salary of P1,500.00; that, at first, appellant was not inclined to accept the offer because it meant transferring his residence and family from Manila to Occidental Negros; that upon the insistence of Locsin, coupled with an offer of a loan of P2,000.00, appellant was prevailed upon to accept the offer, for which reason he resigned his position as chief of the legal department of the Binalbagan-Isabela Sugar Co., Inc. and gave up his teaching assignments in various universities in Manila; that on September 1, 1956, appellant assumed his new position as Technical Assistant to the President of the Victorias Milling, Co., Inc. at a monthly salary of P1,500.00; that on June 30, 1959, his employment thereat was unjustly terminated; that as a result of his sudden and unexpected dismissal, he suffered damages.
Locsin moved to dismiss the complaint as against him on the ground that it stated no cause of action, alleging that, in hiring appellant, he acted in an official capacity as president of the corporation, and that, if at all, appellant’s cause of action was only against the corporation which had a personality separate and distinct from that of its stockholders and officers.
On July 30, 1959, the trial court issued the appealed order. Appellant’s motion for reconsideration having been denied, the present appeal was taken.
The only issue to be resolved is whether the facts alleged in the complaint constitute a sufficient cause of action against appellee Locsin. After a careful study thereof, we are inclined to believe that appellant’s allegation in paragraph 3 of his complaint that Locsin, in his capacity as President of the Victorias Milling Co., Inc., offered him the position of Technical Assistant to the President, renders his cause of action against Locsin doubtful. It must be observed furthermore that paragraph 9 of the complaint does not allege specifically that the notice terminating appellant’s services was signed by Locsin and if so, whether he signed it in his personal capacity or as President of the corporation. In view of these circumstances, it can not be said that the lower court was entirely wrong in dismissing the complaint as far as Locsin is concerned.
We are of the opinion, however, that the deficiency of the complaint, insofar as it purported to state a cause of action against Locsin, was one that may be cured. Therefore, instead of dismissing the complaint as against said party, the lower court should have given appellant a reasonable opportunity to amend his complaint, if he so desired.
In conformity with what has been said heretofore, judgment is rendered setting aside the order of dismissal and remanding the case below for further proceedings in accordance with this decision.
Bengzon, C.J., Bautista Angelo, Reyes, J.B.L., Barrera, Regala, Makalintal, Bengzon, J.P., and Zaldivar, JJ., concur.
Concepcion, J., took no part.
