TAN v.

DIRECTOR OF FINANCE
G.R. No. L-24548 | 27 OCTOBER 1983
Appeal from CFI-Manila Branch 7 order
Justice Makasiar
April 1961: Bureau of Forestry issued Notice No. 2087 which advertised for public bidding a
ISSUE FACTS:

certain tract of public forest land in Zambales, which is comprised of 7,252-hectares. Petitioner-
appellant Tan, with 9 others, submitted his application in due form after paying the necessary
fees and posting the required bond therefor.

Whether the lack of cause of action in the complaint be cured through a determination of the facts
alleged in the complaint (and thus not a ground for dismissal).

NO. Petition denied, Order appealed from is affirmed in toto.

HELD:

The Court held that petitioner-appellant is estopped from invoking the rule that determination of
RATIO:

the sufficiency of a cause of action may be based on the facts alleged in the complaint because
of the fact that a hearing was held wherein he introduced evidence to support his petition.

In the course of the hearing, petitioner-appellant had the opportunity to introduce evidence in