Remedial Law, 2019 Bar — Question A.3

ESSAY

Mr. C sued Mr. D for reconveyance of property and damages, claiming that Mr. D, through fraud and forgery, was able to obtain the title to Lot No. 1234, which was previously registered in Mr. C’s name. The complaint was filed before the Regional Trial Court. Instead of filing an answer, Mr. D moved to dismiss the complaint on the ground of lack of cause of action. In opposition, Mr. C argued that lack of cause of action is not a ground for a motion to dismiss as the ground provided under Section 1(g), Rule 16 of the Rules of Court is failure to state a cause of action. Distinguish the concepts of lack of cause of action and failure to state a cause of action. Based on this distinction, is Mr. C’s opposition tenable? Explain.

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