Judge should NOT hypothetically admit 10 things even if there's failure to state cause of action


A motion to dismiss for failure to state a cause of action HYPOTHETICALLY ADMITS the material allegations of the complaint. What are the exceptions to the rule that material allegations should be hypothetically admitted in case of motion to dismiss based on failure to state cause of action? They are the following: (G.R. No. L- 24548; October 27, 1983)

[1] Matters of evidence;
[2] Scandalous matters;
[3] Legally impossible facts;
[4] Facts inadmissible in evidence;
[5] Surplus and irrelevant matters;
[6] Conclusions or interpretations of law; and
[7] Averments contradicted by more specific averments;
[8] Allegations of which the court will take judicial notice are not true;
[9] Allegations of fact the falsity of which is subject to judicial notice.
[10] Facts which appear by record or document included in the pleadings to be unfounded;

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