Case Digest (G.R. No. 77356)
Facts:
Travel Wide Associated Sales (Phils.), Inc., and Trans World Airlines, Inc., G.R. No. 77356, July 15, 1991, First Division, Cruz, J., writing for the Court.
In March 1975 Decision Systems Corporation and its President Manuel A. Alcuaz, Jr. filed a complaint in the Regional Trial Court (RTC) of Manila alleging that Travel Wide and TWA failed to comply with obligations under the Travel Pass 73 U.S.A. package (air tickets and prepaid hotel accommodations) for which plaintiffs had paid in Manila. On May 16, 1975 TWA moved to dismiss for failure to state a cause of action; the RTC ordered plaintiffs to amend and they filed an amended complaint on June 27, 1975. TWA and Travel Wide renewed motions to dismiss on July 7 and July 11, 1975; those motions were denied on July 11, 1975 on the ground that the complaint was sufficiently particular.
On September 5, 1975 the defendants filed a joint answer asserting the special defense that they were not the real parties-in-interest because they acted only as agents of a disclosed principal; they reiterated this at pre-trial on October 27, 1975 and moved for a preliminary hearing on that special defense. Plaintiffs opposed, arguing the special defense was waived for not being raised in the earlier motions to dismiss. The trial court nevertheless granted the joint motion for preliminary hearing.
Following the preliminary hearing, Judge Bernardo P. Fernandez issued an order dated September 13, 1976 dismissing the complaint, finding that Travel Wide was the general agent of TWA and that TWA in turn was agent of a disclosed principal (Tour Services, Inc.), so neither defendant was a real party-in-interest. The trial court denied reconsideration.
The order was appealed to the Intermediate Appellate Court (Court of Appeals), which on June 30, 1983 reversed the trial court and remanded the case for further proceedings. The record shows separate motions for reconsi...(Pro-only)
Issues:
- Did the Court of Appeals err in setting aside the RTC's dismissal of the complaint and remanding the case?
- Did the defendants waive the special defense of not being real parties-in-interest by failing to plead it in their motions to dismiss under the omnibus motion rule?
- Was the trial court's conduct of a preliminary hearing and reception of evidence on the special defense proper when the defense was characterized ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)