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* SECOND DIVISION.
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sufficient to oust the trial court of its jurisdiction over Civil Case
No. No. 1192-BG and the parties involved. Moreover, the
propriety of dismissing a case based on the principle of forum non
conveniens requires a factual determination; hence, it is more
properly considered as a matter of defense. While it is within the
discretion of the trial court to abstain from assuming jurisdiction
on this ground, it should do so only after vital facts are
established, to determine whether special circumstances require
the court’s desistance.
Cause of Action; Pleadings and Practice; Words and Phrases;
Failure to state a cause of action refers to the insufficiency of
allegation in the pleading.—Petitioner also contends that the
complaint in Civil Case No. 1192-BG failed to state a cause of
action against petitioner. Failure to state a cause of action refers
to the insufficiency of allegation in the pleading. As a general
rule, the elementary test for failure to state a cause of action is
whether the complaint alleges facts which if true would justify the
relief demanded.
TINGA, J.:
Before this Court is a petition for review on certiorari
under Rule 45 of the 1997 Rules of Civil Procedure which
seeks the reversal of the Decision1 and Resolution2 of the
Court of Appeals in CA-G.R. SP No. 67001 and the
dismissal of the
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3Id.
4 Id., at pp. 61-62.
5 Id., at pp. 63-74.
6 Id., at pp. 75-90.
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23Id.
24 Id., at p. 18.
25 Id., at p. 318.
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