Wednesday, June 17, 2009

Hypothetical Admission

The test of sufficiency of a cause of action rests on whether, hypothetically admitting the facts alleged in the complaint to be true, the court can render a valid judgment upon the same, in accordance with the prayer in the complaint. This is the general rule.

However, this rule is subject to well-recognized exceptions, such that there is no hypothetical admission of the veracity of the allegations if:

  1. the falsity of the allegations is subject to judicial notice;
  2. such allegations are legally impossible;
  3. the allegations refer to facts which are inadmissible in evidence;
  4. by the record or document in the pleading, the allegations appear unfounded; or
  5. there is evidence which has been presented to the court by stipulation of the parties or in the course of the hearings related to the case. (Maramag v. Maramag, G.R. No. 181132, June 5, 2009)

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