[ G.R. No. 135600. January 17, 2000]

BEATO SASON vs. JMA JEWELRY CENTER, INC., et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 17 2000.

G.R. No. 135600 (Beato Sason vs. JMA Jewelry Center, Inc., and Jesus Malig-Ayson.)

For our consideration is a petition for review on certiorari seeking to set aside the Resolution, dated 16 September 1998, of the Court of Appeals in CA-G.R. SP No. 48545 which affirmed the trial court's denial of petitioner's motion to dismiss

The case stemmed from the complaint for sum of money filed by respondents against petitioner and his former wife, Remegia D. Sason. At the time of filing of said action, however, Remegia was already dead. Petitioner thus filed a motion to dismiss on grounds that the complaint did not survive Remegia and that it stated no cause of action. Acting thereon, the trial court issued an order dismissing the complaint as against Remegia but allowed the same to proceed as against petitioner. Aggrieved, petitioner filed with the Court of Appeals a petition for certiorari assailing the aforesaid order of the trial court.

The CA denied the petition for certiorari for lack of merit. The CA found that the complaint, on its face, stated a cause of action and that Remegia was merely a necessary and not an indispensable party, as claimed by petitioner. As such, even without Remegia, the case could still proceed against petitioner and the latter could still prove his defense.

In the instant petition for review, petitioner contends that the CA erred in finding that Remegia was merely a necessary, not an indispensable party and that the complaint stated a cause of action. Petitioner avers that the complaint arose from the transaction solely between Remegia and respondents. The latter delivered to Remegia several pieces of jewelry on consignment basis. Remegia, however, died and the jewelry could no longer be located. Petitioner maintains that he had nothing to do with the transaction as he was already separated from his wife at that time.

The petition is without merit.

As correctly pointed out by the CA, petitioner's defense, i.e., that he was not privy to the transaction between Remigia and respondents as their (petitioner and Remegia's) marriage had already been annulled prior to the same, is a matter that should be proven during trial. It is well settled that "in a motion to dismiss based on the failure to state a cause of action, the question submitted for determination is the sufficiency of the allegations in the complaint itself" (Calalang vs. Intermediate Appellate Court, 194 SCRA 514 [1991]). Moreover, "if the allegations in the complaint furnish sufficient basis by which the complaint can be maintained, the same should not be dismissed regardless of the defenses that may be averred by the defendants" (Consolidated Bank and Trust Corporation vs. Court of Appeals, 197 SCRA 663 [1991]). A perusal of the Amended Complaint filed by respondents shows that the allegations against petitioner, assuming them to be true, are sufficient to constitute a cause of action against him. The trial court thus, properly denied petitioner's motion to dismiss. For ready reference, the relevant portion of the Amended Complaint states:

4. Having gained the trust and confidence of plaintiff Ayson, defendants, thru fraud and deceit, cajoled and induced plaintiffs to entrust to them several pieces of jewelry valued at P6,988,400.00 by falsely pretending that Ms. Sason would sell the same on consignment/commission basis.

x x x

8. Plaintiffs repeatedly demanded from defendants that the latter make good the value of the dishonored checks. However, defendants with evident bad faith and deceit refused to comply with said demands.

x x x

10. As a consequence of the acts and omissions complained of, and by virtue of defendants' fraud and deceit, plaintiff Ayson suffered and will continue to suffer serious anxiety, mental anguish, sleepless nights and moral shock, while plaintiff JMA suffered and will continue to suffer tarnished reputation and damages goodwill. Defendants are therefore solidarily liable to pay plaintiffs moral damages in the amount P200,000.00.

11. And as example to the public and to deter persons like defendants from foisting themselves upon their unsuspecting victims, defendants must be held solidarily liable to pay plaintiffs exemplary damages in the amount of P100,000.00.

12. On account of the premeditated and actual fraud employed by defendants in contracting the obligation form plaintiffs, and Ms. Sason's willful and malicious intent of evading payment to plaintiffs, the latter were impelled to litigate and engage the services of counsel for an agreed fee of at least P200,000.00, for which defendants should be held solidarily liable to pay plaintiffs.

We likewise agree with the CA's holding that Remegia was merely a necessary, not an indispensable party in so far as the complaint against petitioner is concerned. The presence of Remigia would have merely afforded "complete determination or settlement of the claim subject of the action" (Rule 3, Section 8 of the Rules of Court). "Proper, or necessary, parties have been described as parties whose presence is necessary in order to adjudicate the whole controversy, but whose interest are so far separable that a final decree can be made in their absence without affecting them" (Imson vs. Court of Appeals, 239 SCRA 58 [1994]). As correctly opined by the CA, even without Remegia, respondents can still present their case against petitioner and the latter can still prove his defense.

IN VIEW OF THE FOREGOING, the petition is hereby DENIED for lack of merit.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court


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