DM Ferrer & Associates Corporation v. UST
DM Ferrer & Associates Corporation v. UST
DM Ferrer & Associates Corporation v. UST
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* SECOND DIVISION.
785
the prayer asked for. Indeed, the elementary test for failure to
state a cause of action is whether the complaint alleges facts
which if true would justify the relief demanded. Only ultimate
facts and not legal conclusions or evidentiary facts, which
should not be alleged in the complaint in the first place,
are considered for purposes of applying the test.
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4/12/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 664
SERENO, J.:
Before us is a Petition for Review on Certiorari under
Rule 45 of the Revised Rules of Court. Petitioner assails
the Court of Appeals (CA) Resolution1 promulgated on 26
June 2009 dismissing the former’s Petition for Certiorari,
and the Resolution2 dated 3 September 2009 denying the
subsequent Motion for Reconsideration.
The facts are undisputed:
On 25 November 2005, petitioner and University of
Santo Tomas Hospital, Inc. (USTHI) entered into a Project
Management Contract for the renovation of the 4th and 5th
floors of the Clinical Division Building, Nurse Call Room
and Medical Records, Medical Arts Tower, Diagnostic
Treatment Building and Pay Division Building.
On various dates, petitioner demanded from USTHI the
payment of the construction costs amounting to
P17,558,479.39. However, on 16 April 2008, the University
of Santo Tomas (UST), through its rector, Fr. Rolando V.
Dela Rosa, wrote a letter informing petitioner that its claim
for payment had been denied, because the Project
Management Contract was without the required prior
approval of the board
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1 Penned by Associate Justice Marlene Gonzales-Sison, with Associate
Justices Bienvenido L. Reyes and Isaias P. Dicdican concurring; Rollo, pp.
34-36.
2 Id., at pp. 38-39.
786
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3 Id., at pp. 40-51.
4 Id., at pp. 108-115.
5 Id., at pp. 145-147.
787
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6 Id., at pp. 148-155
7 Id., at pp. 178-182.
8 Id., at p. 183.
9 Id., at pp. 197-198.
10 Id., at pp. 199-217.
788
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4/12/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 664
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11 Id., at pp. 223-230.
12 517 Phil. 96, 105; 481 SCRA 556, 565-566 (2006).
789
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4/12/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 664
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13 495 Phil. 123, 133; 455 SCRA 136, 147 (2005).
790
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4/12/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 664
Petition granted.
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** Additional member in lieu of Associate Justice Bienvenido L. Reyes,
who recused himself from the case due to prior action in the Court of
Appeals, per Raffle dated 30 January 2012.
791
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4/12/2021 SUPREME COURT REPORTS ANNOTATED VOLUME 664
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