JUSTICE PERALTA:

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. (Dabuco vs. Court of Appeals, G.R. No. 133775, January 20, 2000)

A complaint states a cause of action if it avers the existence of the three essential elements of a cause of action, namely:

          (a) The legal right of the plaintiff;

          (b) The correlative obligation of the defendant; and

          (c) The act or omission of the defendant in violation of said legal right.

      If the allegations in the complaint do not aver the concurrence of these elements, the complaint becomes vulnerable to a motion to dismiss on the ground of failure to state a cause of action. (Mercado vs. Sps. Espina [2012], PERALTA, J.)

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