197380, October 8, 2014Ī failure to state a cause of action which is provided in Sec. Zuniga-Santos vs Santos_Gran et al – GR.Thus, concordant with applicable jurisprudence, since a determination of heirship cannot be made in an ordinary action for recovery of ownership and/or possession, the dismissal of Civil Case was altogether proper. Verily, while a court usually focuses on the complaint in determining whether the same fails to state a cause of action, a court cannot disregard decisions material to the proper appreciation of the questions before it. It is then decisively clear that the declaration of heirship can be made only in a special proceeding inasmuch as the petitioners here are seeking the establishment of a status or right. Under Section 3, Rule 1 of the 1997 Revised Rules of Court, a civil action is defined as one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong while a special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
The Court has consistently ruled that the trial court cannot make a declaration of heirship in the civil action for the reason that such a declaration can only be made in a special proceeding. This must take precedence over the action for recovery of possession and ownership.
Jurisprudence dictates that the determination of who are the legal heirs of the deceased must be made in the proper special proceedings in court, and not in an ordinary suit for recovery of ownership and possession of property.Heirs of Magdaleno Ypon vs Ricaforte – GR.an act or omission on the part of the named defendant violative of the right of the plaintiff or constituting a breach of the obligation of defendant to the plaintiff for which the latter may maintain an action for recovery of damages.an obligation on the part of the named defendant to respect or not to violate such right and.a right in favor of the plaintiff by whatever means and under whatever law it arises or is created.Or after the evidence of the plaintiff had been presented Refers to the insufficiency of the factual basis for the actionĪt the earliest stages of the proceedings through a motion to dismiss under Rule16 of the Rules of Court or before the defendant file an answerĪny time after the questions of fact have been resolved on the basis of stipulations, admissions or evidence presented by the plaintiff. Refers to the insufficiency of the allegations in the pleading Failure to state action vs Lack of cause of action.That a condition precedent for filing the claim has not been complied with.That the claim on which the action is founded is unenforceable under provisions of the statute of frauds and.
That the court has no jurisdiction over the subject matter of the claim.That the court has no jurisdiction over the person of the defending party.– Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds: