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Magat, Victorino D. vs. Leo D. Medialdea, et al.

VICTORINO D. MAGAT, petitioner, vs. HON. LEO D. MEDIALDEA and SANTIAGO A. GUERRERO, respondents.

G.R. No. L-37120 | 1983-04-20

D E C I S I O N


ESCOLIN, J.:

Put to test in this petition for review on certiorari is the sufficiency of the averments contained in the complaint for alleged breach of contract filed by petitioner Victorino D. Magat against respondent Santiago A. Guerrero in Civil Case No. 17827 of the Court of First Instance of Rizal, presided by respondent Judge Leo D. Medialdea, now Deputy Judicial Administrator, which complaint was dismissed for failure to state a cause of action.

The pertinent allegations in the complaint, subject of inquiry, are as follows: 1

"3. That sometime in September 1972, the defendant entered into a contract with the...