A condition precedent for filing the claim has not been complied with

Under Rule 16 of the Rules of Court, that a condition precedent for filing the claim has not been complied with is a ground for a motion to dismiss. If a condition precedent for filing the claim in court has not been complied with, no cause of action accrues.

A complaint may be dismissed for FAILURE TO STATE A CAUSE OF ACTION if:
[1] The case is between or among members of the SAME FAMILY and there is no allegation that earnest efforts towards a COMPROMISE has been exerted, or
[2] The claim is referable to the Katarungang Pambarangay and prior recourse to barangay CONCILIATION has not been made, or
[3] the case involves a matter which the law requires that there be EXHAUSTION of ADMINISTRATIVE REMEDIES before a litigant is allowed to resort to court for reliefs, except where the complaint alleges facts which bring the case under any of the exceptions thereto (Sunville Timber Products, Inc. vs. Abad).

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