FLUOR DANIEL, INC.

-PHILIPPINES,
vs.
E.B. VILLAROSA & PARTNERS CO., LTD

G.R. No. 159648 July 27, 2007

• FLUOR DANIEL entered into an agreement
with Fil-Estate Properties, Inc.
• E.B. VILLAROSA filed a complaint for a sum of
money and damages
• FLUOR DANIEL filed a motion to dismiss on
the ground that the complaint failed to state
a cause of action
Whether the complaint failed
to state a cause of action
Yes
Sec. 3. Complaint.
The complaint is the pleading alleging the plaintiff’s cause or
causes of action and residences of the plaintiff and defendant
must be stated in the complaint.
• Legal right of E.B. VILLAROSA to demand payment from
petitioner;
• Obligation of FLUOR DANIEL to pay E.B. VILLAROSA; and
• Failure of FLUOR DANIEL to pay E.B. VILLAROSA.
Records show that recurring in each of the said
contracts is the provision that payment by FLUOR DANIEL shall
be subject to its timely receipt of similar payments from Fil-
Estate.
Clearly require a specific condition before FLUOR
DANIEL may be held liable for payment. The complaint, however,
failed to state that the said condition had been fulfilled. Without
the said condition having taken place, FLUOR DANIEL cannot be
said to have breached its obligation to pay.
We thus hold that E.B. VILLAROSA’s complaint, taken
with the contracts annexed to it, failed to pass the test of
sufficiency of cause of action. Thus, the said complaint should
have been dismissed on the ground of failure to state a cause of
action.