Sunday, July 15, 2012

"Actionable document" explained - G.R. No. 176949

G.R. No. 176949

"x x x.



The charge invoices are not actionable documents


Section 7 of Rule 8 of the Rules of Court states:

SEC. 7.  Action or defense based on document. – Whenever an action or defense is based upon a written instrument or document, the substance of such instrument or document shall be set forth in the pleading, and the original or a copy thereof shall be attached to the pleading as an exhibit, which shall be deemed to be a part of the pleading, or said copy may with like effect be set forth in the pleading. (Emphasis supplied.)


Based on the foregoing provision, a document is actionable when an action or defense is grounded upon such written instrument or document.  In the instant case, the Charge Invoices[28] are not actionable documents per se as these “only provide details on the alleged transactions.”[29]  These documents need not be attached to or stated in the complaint as these are evidentiary in nature.[30]  In fact, respondent’s cause of action is not based on these documents but on the contract of sale between the parties.
 x x x."