Scribd
Upload
34 views1 page

World'S Best Gas, Inc., Petitioner, V. Henry Vital, Joined by His WIFE FLOSERFINA VITAL, Respondents

World's Best Gas, Inc. sued Henry Vital regarding shares of stock and arrearages owed. The court determined that Vital's claim of P500,000 owed for his shares should offset the P923,843.59 that Vital's company ERJ Enterprises owed to World's Best Gas. However, the court could not award World's Best Gas the remaining P423,843.59 balance because it was not requested in the pleadings. The court noted that relief cannot be granted beyond what is requested by the parties. World's Best Gas would need to file a separate collection suit to recover the remaining balance.

Uploaded by

Angelicka Jane Resurreccion
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
34 views1 page

World'S Best Gas, Inc., Petitioner, V. Henry Vital, Joined by His WIFE FLOSERFINA VITAL, Respondents

World's Best Gas, Inc. sued Henry Vital regarding shares of stock and arrearages owed. The court determined that Vital's claim of P500,000 owed for his shares should offset the P923,843.59 that Vital's company ERJ Enterprises owed to World's Best Gas. However, the court could not award World's Best Gas the remaining P423,843.59 balance because it was not requested in the pleadings. The court noted that relief cannot be granted beyond what is requested by the parties. World's Best Gas would need to file a separate collection suit to recover the remaining balance.

Uploaded by

Angelicka Jane Resurreccion
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1/ 1

WORLD'S BEST GAS, INC., Petitioner, v.

HENRY VITAL, JOINED BY HIS


WIFE FLOSERFINA VITAL, Respondents.

Remedial Law; Civil Procedure; Appeals; It is well-settled that courts


cannot grant a relief not prayed for in the pleadings or in excess of what is being
sought by the party.—With the RTC’s jurisdiction established over the above
mentioned causes of action, Vital’s claim of P500,000.00 due from WBGI’ s
acquisition of his shares of stocks should therefore be offset against
the P923,843.59 in arrearages payable to WBGI by ERJ Enterprises owned by
respondents, as prayed for by him. Hence, no amount can be adjudicated in
Vital’s favor, since it is the respondents who, after due computation, would be left
liable to WBGI in the net amount of P423,843.59. This notwithstanding, WBGI
cannot recover this latter amount in this case since it never interposed a
permissive counterclaim therefor in its answer. It is well-settled that courts
cannot grant a relief not prayed for in the pleadings or in excess of what is being
sought by the party. WBGI may, however, opt to file a separate collection
suit, including those related thereto (e.g., moral and exemplary damages,
and attorney’s fees), to recover such sum.

You might also like