Back

Metropolitan Bank vs. Quilts & All [SEPARATE OPINION, DISSENTING, DAVID, J.]

METROPOLITAN BANK & TRUST COMPANY, petitioner, vs. QUILTS & ALL, INC., respondent.

G.R. No. 91436 | 1993-05-24

SEPARATE OPINION
 
DAVIDE, JR., J.:
 
I vote to DENY the petition. No reversible error was committed by the Court of Appeals in denying the petitioner’s plea to set aside the order of Branch 58 of the Regional Trial Court at Angeles City denying the petitioner’s motion to dismiss, on the ground of lack of a cause of action, in Civil Case No. 5570. I respectfully submit that paragraphs 4 to 10, inclusive, of the complaint in the said case, which are reproduced at pages 4 to 6 of the ponencia, adequately state a valid cause of action against the petitioner. It is clear therefrom that the petitioner...