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-versus-
PHILIPPINE BRITISH
ASSURANCE COMPANY, Civil Case No. 136-M-2013
INC., For : Sum of Money
Defendant
x-----------------------------------------x
PHILIPPINE BRISTISH
ASSURANCE COMPANY, INC.,
Third- Party Plaintiff,
-versus-
EDITA V. ONGLAO,
Third- Party Defendant.
x------------------------------------------x
2 Fluor Daniel, Inc.-Philippines v. E.B. Villarosa & Partners Co., Ltd., G.R. No. 159648, July 27, 2007.
16. In the long line of cases Supreme Court held: “that it is,
thus, only upon the occurrence of the last element that a cause of action
arises, giving the plaintiff a right to file an action in court for recovery of
damages or other relief.”3
17. Records of the case would show that the Plaintiff failed to
prove the third element of the cause of action. During the plaintiff’s
presentation of its witness Ms. Perlita Skaar, it was admitted that the
Plaintiff failed to pay UPS Holding Group Company Ltd of the
Lease/Cutting fees, to wit:
“Atty. Camara:
A. That’s right.
Atty. De Jesus:
Atty. Camara:
Atty. Camara:
A. Yes Sir.4”
“ Atty. Camara:
3 Swagman Hotels and Travel, Inc. v. Court of Appeals, G.R. No. 161135, April 8, 2005|||
4 See page 23 of the TSN dated March 8,2018,
Q. As Lease/Cutting Fee?
A. Yes, Sir.
Atty. De Jesus:
Court:
I may allow that. Witness may answer. If you know,
was there a corporate check issued in the amount of
3.7 Million…
Reciprocal obligations are those which arise from the same cause, and
in which each party is a debtor and a creditor of the other, such that the
obligation of one is dependent upon the obligation of the other. They
are to be performed simultaneously, so that the performance of one
is conditioned upon the simultaneous fulfillment of the other. In
reciprocal obligations, neither party incurs in delay if the other does
not comply or is not ready to comply in a proper manner with what
is incumbent upon him.|
PRAYER
|
WHEREFORE, premises considered, defendant PHILIPPINE
BRITISH ASSURANCE COMPANY INC., respectfully prays that this
Honorable Court reconsider its Resolution, and order the dismissal of
the plaintiff’s case against the defendant.
By:
Niersen C. Custodio
Roll of Attorneys No. 57270
IBP Lifetime Member Roll No. 08328, 04-21-2009
PTR No. 5233006, 01-07-2019, Pasig City
MCLE Compliance No.VI-0028662, 09-05-2019
Email: nccustodio@ccpclaw.org
Christine L. Paciencia
Roll of Attorneys No. 71233
IBP No. 059409, 01-07-2019, Manila City
PTR No. 5233003, 01-07-2019, Pasig City
MCLE Compliance No. VI- 0024221, 04-12-2019
Email: clpaciencia@ccplaw.org
Darlyn A. Dy
Roll of Attorneys No. 73734
IBP No. 087378, 05-21-2019, Pasig City
PTR No. 5914430, 07-03-2019, Pasig City
Admitted to the Bar: 20 June 2019
Email: dady@ccplaw.org
Greetings!
EXPLANATION
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