Decision
Pan-Asiatic Travel Corp v. Court Of Appeals
G.R. No. L-62781 · 1988-08-19 · CORTES, J. · LawPhil
PAN-ASIATIC TRAVEL CORP., petitioner, vs. COURT OF APPEALS, HON. AMANTE S. PURISIMA, as Presiding Judge, Court of First Instance of Manila, Branch VII, CITY SHERIFF OF MANILA, and DESTINATIONS TRAVEL PHIL., INC., respondents. Bengzon, Zarraga, Narciso, Cudala, Pecson, Azcuna and Bengson Law Offices…
CORTES, J.:
On March 21, 1980, Destinations Travel Phil., Inc. (hereafter, DESTINATIONS) filed a complaint against Pan-Asiatic Travel Corp. (hereafter, PAN-ASIATIC) for the refund of the price of alleged unutilized airplane tickets issued by the latter for passengers recruited by the former, which refund allegedly totalled P48,742.33. On June 4, 1980, DESTINATIONS filed a Motion to Declare Defendant in Default. After receipt of said Motion, PAN-ASIATIC, by way of special appearance, filed a Motion to Dismiss for the sole purpose of objecting to the trial court's jurisdiction over its person on the ground that it was not properly served with summons.
Two days after the filing of the Motion to Dismiss, DESTINATIONS filed on June 25, 1980 an amended complaint increasing its claim for reimbursement of refunds to P103,866.35. At the hearing of said Motion to Dismiss, PAN-ASIATIC was informed of the filing of the amended complaint; hence, it withdrew its Motion to Dismiss. Subsequently, a copy of the amended complaint and summons were served on PAN-ASIATIC.
PAN-ASIATIC filed several motions for extension of time within which to file its answer. However, instead of filing an Answer, it filed a Motion for Bill of Particulars which was granted by the trial court. DESTINATIONS did not file a Bill of Particulars.
Instead, on May 9, 1981, it served and filed a Motion to Admit attached "Second Amended Complaint" which Second Amended Complaint detailed the causes of action, to wit: a. Claim for reimbursement of refunds for unutilized tickets (Paragraphs 5 and 6 of the Complaint) P86,459.85 b.
Claim for commissions Paragraphs and 8 of the (Complaint). 2,077.33 c. Claim for incentives (Paragraphs 9 and 10 of the Complaint) 5,868.57 d.
Claim for reimbursement Paragraphs 11-17 of the Complaint) . 5,868.57 Total Claims (Paragraph 18) (Should be . .
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