Rosario Apacible, et al. vs. Sylvia Santos, et al.

[SEC CASE NO. 3226. November 5, 1987.]

ROSARIO APACIBLE, ET AL., petitioners, vs. SYLVIA SANTOS, ET AL., respondents.

O R D E R

For resolution is the respondent Remedios Samson's motion to dismiss the petition on the sole ground that the petition did not specify the amount of damage became claimed by the petitioners, citing in support of the motion, the case of Manchester Development Corp. vs. Court of Appeals, G.R. No. 75919. EIAaDC

Perusal of the allegations of the petition, as well as the prayer, will readily show that the principal causes of action are 1) for the return to Heureux all corporate funds and property unlawfully and fraudulently diverted, disposed of or misappropriated by the respondents and 2) the dissolution and liquidation of Heureux. The claim for damages is merely incidental. ETCcSa

The records further show that the same respondent Samson had filed her answer to the petition, which could be construed to mean as abandoning the motion to dismiss.

WHEREFORE, the motion to dismiss should be, as it is hereby, DENIED.

SO ORDERED.

(SGD.) FELIPE S. TONGCO
Hearing Officer

AIC Grande Tower Garnet Road
Ortigas Center, Pasig City
Metro Manila Philippines

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