Is it possible to dismiss a motion for failure to state a cause of action on the complaint alone?

If the falsity of the allegations is subject to judicial notice (Rule 129, section 1-3). If the allegations are
legally impossible. Or if they refer to facts inadmissible in evidence

Maramag vs Maramag 588 scra 774

Is it possible that a court will dismiss a case for failure to state earnest efforts to compromise?

Not a jurisdictional defect. Lupon tagapayapa decree, Katarungang Pambarangay should be complied
with.

Motion to dismiss may be filed after the filing of an answer. Lack of jurisdiction, res judicata,
prescription.

Dismissal of Actions – Rule 17

Non prosequitur

CAM – Court Annexed Mediation

JDR – presided by the judge

- All civil cases, summary procedure, settlement of estates, ejectment

Criminal cases:

Affidavit of desistance

JDR: 1st level – 30 days, 2nd level – 60 days

A compromise once approved by the court is immediately final and executory.

Intervention

Denial of a motion to intervene – not res judicata, remedy is to file a separate action, intervenor can
also file a mandamus if there is GAD or improper grant of intervention (rule 65)

Intervention vs Interpleader

Nature:

- Ancillary
- Original action

Lessee – conflicting claims for the property lease

Lui Enterprises vs Zuelli 193494 12 march 2014