RULE 16 MOTION TO DISMISS
GROUNDS FOR WITHOUT PREJUDICE
DISMISSAL (SEC. 1)
(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;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to
sue;
(g) That the pleading asserting the claim
states no cause of action;
(j) That a condition precedent for filing the
claim has not been complied with.
RULE 9 SEC. 1. DEFENSES GENERAL RULE: WAIVED IF NOT INCLUDED
AND OBJECTIONS NOT IN THE MOTION (OMNIBUS RULE)
PLEADED
(a) That the court has no jurisdiction over the
person of the defending party;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to
sue;
(g) That the pleading asserting the claim
states no cause of action;
(h) That the claim or demand set forth in the
plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is
founded is enforceable under the provisions
of the statute of frauds;
REMEDIES WITHOUT PREJUDUCE
(A) REFILE THE COMPLAINT (plaintiff)
(B) FILE AN ANSWER TO THE
COMPLAINT (defendant). Within the
balance period prescribed under
Rule 11 (15 days after the service of
summons). But not less than 5 days
in any event
(C) PETITION FOR CERTIORARI. If the
court gravely abuse its discretion,
amounting to lack of jurisdiction.
CONTENTS & FORMS
TIME TO FILE THE
MOTION
HEARING OF MOTION
EFFECT OF DISMISSAL
WITH PREJUDICE
(f) That the cause of action is barred by a
prior judgment or by the statute of
limitations;
(h) That the claim or demand set forth in the
plaintiff's pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is
founded is enforceable under the provisions
of the statute of frauds;
EXCEPTION: MAY STILL BE INVOKED EVEN
AFTER THE ANSWER HAS BEEN SERVED AND
FILED
(b) That the court has no jurisdiction over the
subject matter of the claim;
(e) That there is another action pending
between the same parties for the same
cause;
(f.1) That the cause of action is barred by a
prior judgment or
(f.2) by the statute of limitations;
WITH PREJUDICE
(A) FILE AN APPEAL
The defendant must first file an answer,
proceed to trial, await judgment before
interposing an appeal. The denial should be
raised as an error of the trial court on appeal.
(B) PETITION FOR CERTIORARI
. If the court gravely abuse its discretion,
amounting to lack of jurisdiction.
MODES OF DICOVERY (RULE 23 -28)

Discovery – a device employed by a party to obtain information about relevant matters on the case from the adverse
party in the preparation for trial [Riano]

Purpose: To permit mutual knowledge before trial of all relevant facts gathered by both parties so that either party may
compel the other to disgorge facts whatever he has in his possession [Riano citing C.J.S.]

KIND of DEFINITION TO & BY WHOM

DISCOVERY PURPOSE MANNER & TIME

1) Deposition pending [Rules 23-24] Deposition To any person whether a party or a) by leave of court after
action upon oral or – taking of testimony not at the instance of any party. jurisdiction obtained over
the person or subject.
written out of court of any
interrogatories person, whether party Purpose: to get oral or written b) without leave after
deposition de bene to the action or not but admissions from answer have been served.
esse RULE 23 at the instance of a
party to the action
2) Deposition before [Riano] . By any person who desires to his a) by a verified petition in
action depositions in own testimony or that of another a the court of the place of
perpetuam rei witness. residence of any expected
memoriam adverse party/
Purpose: future action
RULE 24

3) Deposition pending By appellee or appellant By leave of court if an

appeal called appeal has been taken or
Purpose: for appeal or future before taking it before
depositions in
proceedings expiration period
perpetuam rei
memoriam

RULE 24

4) Interrogatories Interrogatories are used By and to any party desiring to elicit a) by leave of court after
to obtain relevant infor material and relevant facts jurisdiction obtained over
Purpose: to elicit material and the person or subject
mation that a party has r
relevant facts
egarding a case, but the b) without leave after
y cannot be used to elici answer have been served
tprivileged communicati
ons. The question must
be stated precisely to ev
oke an answer relevant t
o the litigated issues.
5) Request for It is a request made by a By and to any party for By a written request for
Admission party to its adversary for admission after issues have
Purpose: for admission of: been joined
the admission of the
latter of the a) Genuineness of any material
genuineness of any documents
material and relevant
b) Truth of material facts
documents or the truth
of any material or
relevant facts

6) Production or Produce and permit the Purposes: Upon motion to the court
inspection of inspection and copying a) Produce, inspect and copy and showing good cause
documents, objects or things not with notice to all
documents or things or photographing of any
privilege and material evidence to a
document or evidence, case
not priviledge which:
(1)contains evidence b) Entry and inspection of place.
material to any matter
involved (2)are in his
possession or control
(3)permit entry upon
designated land or other
property in his
possession.

7) Physical and mental If the mental or physical By any party against the party Upon motion to the court
examination condition of a party is in whose mental or physical condition and showing good cause
is in controversy with notice to all mental or
controversy, the court
may order him to submit physical condition of a party
to a physical or mental Purposes: Ascertain the physical or is in controversy.
examination by a mental condition of a party material
physician. to the action