Galedo, Abegail P.

147. VICTORINA LAZARO V. BREW MASTER INT’L

PETITIONER : Victorina Lazaro

RESPONDENT : Brew Master Int’l
DATE : August 23, 2010
PONENTE : Nachura, J.
TOPIC : Rule 6

FACTS:

 Respondent Brew Master filed a complaint for sum of money against Prescillo Lazaro and
Victorina with METC Pasay City. It was alleged that petitioners obtained products amounting to
P138,302.92 from respondent and despite demands, petitioners failed to pay.
 Prescillo filed answer with counterclaim alleging that he and Victorina lived separately and that he
never authorized Victorina to purchase anything.
 Petitioner filed an answer with counterclaim denying having transacted with respondent and
alleged that it was total which purchased goods from Brew Master.
 METC dismissed the complaint. It held that sales invoice attached to the complaint shows that the
products were sold to total and not to petitioner.

HELD:

 Yes, the complaint does not state cause of action. Complaint must make a plain, concise and direct
statement of ultimate facts on which plaintiff relies for his claim.
 The test of sufficiency of facts alleged in complaint to constitute cause of action: “Whether admitting
facts alleged, court render a valid judgment upon the same in accordance with prayer of petition on
complaint.
 Inquiry is into the sufficiency and not veracity of material allegations in the complaint. The annexes
document should only be taken in ascertaining sufficiency of allegations in the complaint.
 Complaint sufficiently states cause of action that petitioner and her husband obtained beer and
other products and that they refused to pay said amount despite demand.
 Sales invoice is not an actionable document. They were evidentiary in nature and not even
necessary to be stated or cited in the complaint.