Wednesday, July 4, 2012

FAILURE TO STATE A CAUSE OF ACTION


In a motion to dismiss a complaint based on lack of cause of action (FAILURE TO STATE A CAUSE OF ACTION), the question submitted to the court for determination is the sufficiency of the allegations made in the complaint to constitute a cause of action and not whether those allegations of fact are true, for said motion must hypothetically admit the truth of the facts alleged in the complaint. The inquiry is confined to the four corners of the complaint, and no other. x x x The test of the sufficiency of the facts alleged in the complaint is whether or not, admitting the facts alleged, the court could render a valid judgment upon the same in accordance with the prayer of the complaint.(JESSE U. LUCAS vs. JESUS S. LUCAS, G.R. No. 190710, SECOND DIVISION, June 6, 2011 NACHURA, J.).

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