P. 1
ROC Rules on Civil Procedure

ROC Rules on Civil Procedure

|Views: 32|Likes:
Publicado porulan_di
Uploaded from Google Docs
Uploaded from Google Docs

More info:

Published by: ulan_di on Feb 09, 2011
Direitos Autorais:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

03/31/2014

pdf

text

original

MOTION TO DISMISS

SECTION 1. Grounds.— Within the time for but before filing the answer to the complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(e) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;

(e) That there is another action pending between the same parties for the same cause;

(f) That the cause of action is barred by a prior judgment or by the statute of limitations;

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiffs pleading has been paid, waived, abandoned, or
otherwise extinguished;

(i) That the claim on which the action is founded is unenforceable under the provisions of the statute of
frauds; and

(j) That a condition precedent for filing the claim has not been complied with. (1a)

SEC. 2. Hearing of motion.— At the hearing of the motion, the parties shall submit their arguments on the
questions of law and their evidence on the questions of fact involved except those not available at that time.
Should the case go to trial, the evidence presented during the hearing shall automatically be part of the
evidence of the party presenting the same. (n)

SEC. 3. Resolution of motion.— After the hearing, the court may dismiss the action or claim, deny the
motion, or order the amendment of the pleading.

The court shall not defer the resolution of the motion for the reason that the ground relied upon is not
indubitable.

In every case, the resolution shall state clearly and distinctly the reasons therefor. (3a)

SEC. 4. Time to plead.— If the motion is denied, the movant shall file his answer within the balance of the
period prescribed by Rule 11 to which he was entitled at the time of serving his motion, but not less than five
(5) days in any event, computed from his receipt of the notice of the denial. If the pleading is ordered to be
amended, he shall file his answer within the period prescribed by Rule 11 counted from service of the
amended pleading, unless the court provides a longer period. (4a)

SEC. 5. Effect of dismissal.— Subject to the right of appeal, an order granting a motion to dismiss based on
paragraphs (f), (h) and (i) of section 1 hereof shall bar the refiling of the same action or claim. (n)

SEC. 6. Pleading grounds as affirmative defenses. — If no motion to dismiss has been filed, any of the
grounds for dismissal provided for in this Rule may be pleaded as an affirmative defense in the answer and,
in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been
filed. (5a)

The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer. (n)

You're Reading a Free Preview

Descarregar
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->