nauna yung motion to dismiss before reply.

- mtd is only allowed within the same period of time in an answer

pleadings v. motion

- check def in rules and also...

*must be an application for relief

+must not be one of the kinds of pleadings enumerated in rule 6

summons would not qualify as a motion because it is not an application for relief even though it is not one of those under
rule 6 where the kinds of pleadings were enumerated

motion

- must be an application for relief

- other than by a pleading

- must not be a pleading -- must not be one of those enumerated under rule 6

- you can have as numerous times of motions

* while kinds of PLEADINGS are limited only under those enumerated under Rule 6

sec. 3

- kung ano yung prayer mo sa motion, yun din yung title mo

*ex of motion that shall be accompanied by supporting affidavits and other papers: Motion to Set Aside Order of Default

-- there is only 1 ground: failure to answer

-- the FAME are the justification or cause of the failure to file answer

sec. 4

non litigious motions

- need not to be set for hearing because they can be resolved without affecting the rights of the other party

- sec 4 gave you examples

- the list is NOT EXCLUSIVE

-- so don't memorize

sec. 5

litigious motions

- the list is NOT EXCLUSIVE

b) - the other party must be given the opportunity to file his opposition/s to the said litigious motion

-mag ask ka pa rin ng approval ng court to file and serve pleadings and also motions electronically

c) - kaya need ng service and proof of service na binigyan mo ng kopya yung kalaban mo sa motion na yan. otherwise,
hindi tatanggapin ng korte yung motion mo because the opposing party is given a period of 5 calendar days to submit or
file his opposition. it is part and parcel of due process, to notify and give him a copy of that litigious motion especially it is
defined as something that might prejudice or affect the rights of other parties.

can you file a motion for extension of time to file an opposition?

- sec. 12, par (e)

file a reply with leave (s.ec 10) ???

i will not dicuss yet the enumeration under sec 5 because nasa susunod na mga discussion such as motion for new trial,
motion for reconsideration, motion on judgment on the pleadings

"motion to declare defendant in default" (rule 9, sec. 3)

- must be accompanied by proof of such failure

- litigious motion

- see (a) of rule 9 sec 3

sec. 6

notice of hearing on litigious motions: discretionary

- "discretionary" na lang yung pag seset sa hearing basta ang mahalaga sa litigious motion, nabigyan mo ng chance yung
other party na makapag oppose

sec. 9

omnibus motion

*ex of motion attacking a pleading: Motion to Dismiss

what pleading does a motion to dismiss attack?

- complaint

- it wants a complaint be dismissed

-- if it is a motion attacking a pleading, it must comply with the omnibus motion rule (sec 7)

sec. 10

motion for leave

- asking for court's permission

- bawal ka na sumagot doon sa opposition

what if g na g ka magsalita s amga pinagsasabi niya at you feel like hindi madidiscover ng court if di mo sasabihin?

- you file a reply doon sa opposition niya sa motion mo, but it must be accompanied by with a leave of court to file that
reply to the opposition

- at the same time, dapat finile mo na rin yung mismong reply mo

-- that is the requirement of sec.10

* --- when asking for a motion for leave to file a motion or pleading, kailangan accompanied na rin siya ng gusto mong ifile

pwede rin sa reply for a pleading if walang actionable document, ifile yung reply with leave of court

sec. 12

prohibited motions

- exclusive list

- there is no open ended item here like "all other similar motions..."

- also, because it is restrictive / prohibitive

-- kasi pinipigilan mo yung parties na mag file ng ganun so dapat ilimitahan mo sa enumeration mo

-- unlike sa permissive (litigious and non litigious), the list is not exclusive

(a)

if your ground is lack of jurisdiction over the person of the defendant, allege it as an affirmative defense. DO NOT use
Motion to Dismiss on that ground.

- by express provision under sec. 12, bawal yan kailangan RLPS ang ground ng Motion to Dismiss mo.

omnibus motion rule does not have any relevance now with the amendments because of sec. 12

- ano pa ang application ng omnibus motion rule sa motion to dismiss?

-- sec 9 states A Motion to Dismiss "shall include all objections then available, and all objections not so included shall be
deemed waived"

-- pero subject to rule 9 sec 1, kung RLPS, not deemed waived

- tapos sasabihin ng sec 12 na RLPS ka lang pwede mag file ng Motion to Dismiss

*SO ANO PA YUNG APPLICATION NG SEC 9 OMNIBUS MOTION RULE KUNG NEVER NAMAN DEEMED WAIVED?

- wala ka nang nade deemed waived sa Motion to Dismiss kasi all RLPS are never deemed waived, besides, you can file
a MTD on the ground of RLPS

***ano pa application ng omnibus motion rule sa rule to dismiss?

dati kasi pag nag file ka ng answer, bago yung amendment, gagawin nung iba "answer w/ counterclaim"

sa answer pinapa dismiss yung lack of jurisdiction w/ subject matter may counterclaim pa na damages na 2Million.
tuwang tuwa siya nadismiss yung kaso ng kalaban, may 2Million kang counterclaim.

- kaya nagpapa set ng initial hearing for affirmative defense

----ngayon bawal na yung Motion to Hear Affirmative Defenses

- lagay mo na lang sa answer at hayaan mo si court na magtuloy tuloy ng hearing

(c)

di ka pwede magpa suspend ng proceedings w/o Temporary Restraining Order (TRO)

- Doctrine of Adherence of Jurisdiction

-- once the court has acquired jurisdiction, tuloy tuloy na yan hindi pwedeng ma stop yung hearing EXCEPT if tehre is
TRO or injunction issued by a higher court

(f)

bawal ang motion for postponement, cancellation, to defer,.... hearing

- pare pareho lang na delay yan

- EXCEPT if acts of God, force majeure or physical inability of the witness to hear and testify -- if fito based pwede

"...witness..."

- di pwede if plaintiff or counsel yung may physical inability

if not because of the grounds expressed, dilatory na siya so hindi na siya pwede

motion for postponement if based on these valid grounds must at all times be accompanied by official receipt (OR) of
posponement fee

- para idiscourage yung pagfi file ng posponment kaya may fee

sec. 13

dismissal with prejudice

- cannot refile

- not RLPS

hindi ba pwede yung lack of jurisdiction over the subject matter na with prejudice rin?

- NO, ito kasi it is as if saying na mali yung court kung saan ka nag file. file mo lang doon sa tamang court. so without
prejudice to
lis pendens?

- w/o prejudice because hindi pa naman tapos yun

res judicata?

- w/ prejudice because there has been a prior judgement already

prescription?

- w/ prejudice because prescribed na yung cause of action