Aquino v.

Quiazon  From evidence admitted in the course of hearings related to

the case.
Failure to State Cause of Lack of Cause of Action
Action Q: If a Motion to Dismiss is already filed but denied, and now
insufficiency of the pleading insufficiency of evidence you file an Answer, can the court conduct a preliminary
ground for dismissal ground for dismissal hearing?
under Rule 16 under Rule 33 A: NO, the court cannot conduct a preliminary hearing (Rule 16,
remedy is to move for dismissal remedy is demurrer to the Section 6).
of the pleading evidence
may be raised at the earliest may be raised at any time after  GRANTED Motion to Dismiss
stages of an action through a the questions of fact have been o WITHOUT prejudice
motion to dismiss resolved on the basis of the  All grounds under Rule 16 are generally without
stipulations, admissions, or prejudice, except Rule 16, Section 1 (f), (h), (i)
evidence presented  Rule 16, Section 1(h) provides that “an order
there can be no preliminary there can be no preliminary dismissing an action without prejudice are NOT
hearing on the ground of failure hearing on the ground of lack of appealable”
to state a cause of action, as cause of action; this is a matter  Remedies:
stated in the Moton to Dismiss to be resolved after a full-blown  Refile the action
or Answer hearing  File an MR, then Rule 65 Petition for
Certiorari
Exceptions to the general rule in Rule 16 that allegations are o WITH PREJUDICE
hypothetically admitted:  Grounds that dismisses an action with prejudice:
 The falsity of the allegations is subject to judicial notice  (f) that the cause of action is barred by a
 The allegations are legally impossible prior judgment or by the statute of
 Facts are inadmissible in evidence limitations (Res judicata or
 Facts which appear, by record or document included in the prescription);
pleadings, to be unfounded  (h) that the claim has been paid, waived,
abandoned, or otherwise extinguished;
Further, inquiry is not confined to the complaint if culled:  (i) that the claim on which the action is
 From annexes and other pleadings submitted by the parties founded is enforceable under the
 From documentary evidence admitted by stipulation which provisions of the statute of fraud
disclose facts sufficient to defeat the claim  Remedy
 Appeal the dismissal of the action
 DENIED Motion to Dismiss
o This is an interlocutory order.
o Remedy:
 File an Answer
 File an MR, then Rule 65 Petition for Certiorari
 Amendment of the pleading
Q: Can the judge defer ruling of a Motion to Dismiss?
A: No, according to Rule 16, Section 3.
 Tranquil: MTD is a prohibited pleading in Expropriation,
Rule 67. Everything should be in the defendant’s Answer.
o Estate of JBL Reyes case: there is a law that says in
order of priority, private property is last in the
preference for expropriation. Thus, NHA shouldn’t
expropriate, not because of res judicata as the SC said,
but because this was private housing.

 Once there is a motion to dismiss filed, Section 6 cannot

apply anymore. (Remember, Sec. 6 says “If no motion to
dismiss has been filed…”)

Heirs of Maramag v. Maramag

Q: Do you need a hearing for the ground of no cause of action?
A: No, only look at the allegations. Further, the motion to dismiss
must comply with Rule 15 (so set for hearing not later than 10 days
from filing, ensure receipt by other party 3 days before set
hearing).

Q: Are the allegations hypothetically admitted if the ground

alleged is no cause of action?
A: Yes.

Manila Banking v. University of Baguio

 Tranquil: If the ground is lack of cause of action, this means
that even with evidence, the complaint should be dismissed.
Thus, it should actually be subject of a demurrer to evidence,
not a motion to dismiss.

National Housing Authority v. Baello