This case has been cited 1 times or more.
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2010-03-05 |
ABAD, J. |
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| But a judicially ordered search that fails to yield the described illicit article does not of itself render the court's order "unlawful." The Del Rosarios did not allege that respondents NBI agents violated their right by fabricating testimonies to convince the RTC of Angeles City to issue the search warrant. Their allegation that the NBI agents used an unlawfully obtained search warrant is a mere conclusion of law. While a motion to dismiss assumes as true the facts alleged in the complaint, such admission does not extend to conclusions of law.[3] Statements of mere conclusions of law expose the complaint to a motion to dismiss on ground of failure to state a cause of action.[4] | |||||