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Trial-Type Hearing for Motion Dismiss

Simeona Capiral Robles and Vicente Capiral filed a complaint for partition against Severino Capiral, who filed a motion to dismiss arguing lack of cause of action. The trial court set the motion to dismiss for hearing. Severino appealed, arguing no trial-type hearing was needed. The Supreme Court ruled that Section 2 of Rule 16 allows parties to present evidence in a hearing to determine issues in a motion to dismiss, as the court cannot dismiss a complaint without evidence to support the motion.

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52 views1 page

Trial-Type Hearing for Motion Dismiss

Simeona Capiral Robles and Vicente Capiral filed a complaint for partition against Severino Capiral, who filed a motion to dismiss arguing lack of cause of action. The trial court set the motion to dismiss for hearing. Severino appealed, arguing no trial-type hearing was needed. The Supreme Court ruled that Section 2 of Rule 16 allows parties to present evidence in a hearing to determine issues in a motion to dismiss, as the court cannot dismiss a complaint without evidence to support the motion.

Uploaded by

Gabriel Prudente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Capiral v.

Robles
G.R. No. 173628. November 16, 2011
Peralta, J.:

FACTS: Respondents Simeona Capiral Robles and Vicente Capiral filed a


complaint for Partition with Damages against the petitioner Severino Capiral. The
latter filed a Motion to Dismiss on the ground of lack of cause of action or barred
by laches. In opposition thereto, the respondents questioned petitioner’s factual
allegations. The RTC set the motion to dismiss for hearing. Petitioner filed a
Motion to Resolve but it was denied. Petitioner argues that there is nothing in Sec.
2, Rule 16 which requires a trial-type hearing for the resolution of the Motion to
Dismiss.

ISSUE: Whether or not a trial-type hearing may be allowed to resolve a


Motion to Dismiss?

HELD: Yes, Section 2, Rule 16 of the Rules of Court sanctions a trial-type


proceeding in the sense that the parties are allowed to present evidence and argue
their respective positions before the court. The SC ruled that the issues raised in a
motion to dismiss have to be determined in accordance with the evidence and facts
presented, not on the basis of unsubstantiated allegations and the courts could not
afford to dismiss the litigants complaint on the basis of half-baked conclusions
with no evidence to show for it.

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