Back

Luzon Development Bank vs. Benedicto C. Conquilla, et al.

LUZON DEVELOPMENT BANK, Petitioner, versus BENEDICTO C. CONQUILLA, CORNELIA C. CONQUILLA DOROTEA C. ORCINE and FELICIANO S. CONQUILLA, Respondents.

G.R. No. 163338 | 2005-09-21

THIRD DIVISION

D E C I S I O N 

PANGANIBAN, J.:

In the present case, the Court stresses that the use of facts admitted in the Complaint will not subject the judgment based thereon to a claim of nullity grounded on lack of due process. Clearly, the facts alleged in the Complaint bound the plaintiff. Thus, the trial court correctly used the allegations or admissions therein as basis to grant the Motion to Dismiss, in the same manner that it could have done so on a motion to render judgment on the pleadings. 

The Case 

Before us is a Petition for Review on Certiorari[1] under Rule 45 of the Rules of Court, assailing the December...