Case Digest (G.R. No. L-27010)
Facts:
In Marlene Dauden-Hernaez v. Hon. Walfrido Delos Angeles, Judge, Court of First Instance of Quezon City, Hollywood Far East Productions, Inc., and Ramon Valenzuela (G.R. No. L-27010, April 30, 1969), petitioner Marlene Dauden-Hernaez, a motion picture actress, sued respondents Hollywood Far East Productions, Inc., and its President Ramon Valenzuela to recover ₱14,700.00 as the unpaid balance for her services in two films, plus damages. The complaint, filed in Civil Case No. Q-10288 of Branch IV, CFI Quezon City, was dismissed on motion by respondents on the ground that the claim lacked any written instrument as required by Articles 1356 and 1358 of the Civil Code, and that the complaint was defective. Petitioner moved for reconsideration and attached an amended complaint, but the trial court denied both reconsideration and leave to amend, then declared the dismissal final and unappealable. She filed a second motion for reconsideration. Respondents opposed, arguing the amendmentCase Digest (G.R. No. L-27010)
Facts:
- Parties and Contractual Relationship
- Petitioner Marlene Dauden-Hernaez, a motion picture actress, engaged to perform as leading actress in two films.
- Respondents Hollywood Far East Productions, Inc., and its President Ramon Valenzuela, producers of the films.
- Proceedings in the Court of First Instance of Quezon City
- Petitioner filed Civil Case No. Q-10288 to recover ₱14,700 as balance of her fee and damages for breach of contract.
- Respondents moved to dismiss, alleging:
- The contract was not in writing, violating Articles 1356 and 1358 of the Civil Code.
- The complaint was “defective on its face” for lack of written evidence and defective allegations.
- The trial court granted the motion, dismissed the complaint without leave to amend, denied petitioner’s motion for reconsideration and leave to file an amended complaint, and declared the dismissal final and unappealable.
- Petitioner filed a second motion for reconsideration; the court denied it as pro forma, for lacking new grounds and an affidavit of merit.
Issues:
- Procedural Issues
- Whether the dismissal without granting leave to amend was erroneous.
- Whether the second motion for reconsideration interrupted the period to appeal.
- Substantive Issue
- Whether a contract for personal services involving more than ₱500, not in writing, is invalid or unenforceable under the last paragraph of Article 1358 of the Civil Code.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)