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PEDRO R. SANTIAGO v. SUBIC BAY METROPOLITAN AUTHORITY

This case has been cited 2 times or more.

2009-04-16
CARPIO, J.
In a motion to dismiss based on lack of cause of action, the question posed to the court for determination is the sufficiency of the allegation of facts made in the complaint to constitute a cause of action.[11] To sustain a motion to dismiss for lack of cause of action, it must be shown that the claim for relief does not exist, rather than that a claim has been defectively stated, or is ambiguous, indefinite or uncertain.[12]
2007-09-12
AUSTRIA-MARTINEZ, J.
Verily, it is beside the point whether or not the allegations in the complaint are true, for with a motion to dismiss complaint based on lack of cause of action, the movant only hypothetically admits the truth of the facts alleged in the complaint; that is, assuming arguendo that the facts alleged are true, those allegations are insufficient for the court to render a valid judgment upon the same in accordance with the prayer of the complaint.[24]