GR L 12180; (March, 1917) (Digest)
G.R. No. L-12180; March 14, 1917
MARIANO CAÑETE, petitioner, vs. ADOLPH WISLIZENUS, judge of first instance of Cebu, and BASILIO SERNA, respondents.
FACTS:
Mariano Cañete filed a petition for a writ of certiorari in the Supreme Court, seeking to annul certain proceedings in an election contest (Case No. 2344) pending in the Court of First Instance of Cebu. The petition challenged an order issued by Judge Adolph Wislizenus on August 1, 1916, alleging that the judge exceeded his jurisdiction. The petition, however, did not contain a clear statement of facts constituting the cause of action. Instead, it merely listed and referenced various exhibits (labeled A to I) attached to the petition, such as copies of motions, affidavits, and the contested order, without describing their substance or relevance in the body of the petition. A demurrer was filed against the petition on the ground that it failed to state sufficient facts to sustain the proceeding.
ISSUE:
Whether the petition for certiorari is sufficient in form and substance, considering that it relies primarily on references to attached exhibits without alleging the essential facts in the pleading itself.
RULING:
The Supreme Court sustained the demurrer and held the petition fatally defective. The Court emphasized that a complaint (or petition) must contain “a brief statement of the facts constituting the cause of action, in ordinary and concise language,” as required under Section 90 of the Code of Civil Procedure. The petition failed to meet this standard because it consisted almost entirely of references to exhibits, without alleging the necessary factssuch as the nature of the motions, the substance of the contested order, or how the judge exceeded his jurisdictionwithin the body of the pleading. Exhibits attached to a complaint are intended only to support the allegations of fact, not to substitute for them. The Court ruled that a pleader must allege all essential facts in the complaint itself, so that the court can determine from the face of the pleading whether a cause of action exists. The petitioner was given ten days to file an amended pleading; otherwise, the proceeding would be dismissed with costs.
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