Failure to state a
cause of action refers to the
insufficiency of the pleading, and is a ground for dismissal under Rule 16 of
the Rules of Court. On the other
hand, lack of cause action refers to a situation where the
evidence does not prove the cause of action alleged in the pleading. x x x If the allegations of the
complaint do not aver the concurrence of the elements of cause of action, the
complaint becomes vulnerable to a motion to dismiss on the ground of failure
to state a cause of action. Evidently, it is not the lack or absence of
a cause of action that is a ground for the dismissal of the complaint but the
fact that the complaint states no cause of action. Failure to state a cause of
action may be raised at the earliest stages of an action through
a motion to dismiss, but lack of cause of action may be
raised at any time after the questions of fact have been resolved on the basis
of the stipulations, admissions, or evidence presented (DOLORES ADORA MACASLANG VS. RENATO & MELBA ZAMORA, G.R. NO.
156375, MAY 30, 2011, BERSAMIN, J.).
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