Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Rule 15

Section 8: The rule now mandates that hearing of litigious motions shall be conducted only on a Friday,
dispensing the old rule that it should be conducted on Friday afternoon or if Friday is a non-working day,
in the afternoon of the next working day.

Section 9: No amendment.

Section 10: No amendment.

Section 11: No amendment.

Section 12: This rule is not found in the old Rule 15. This amendment is a restatement of Section 1 of
Rule 16 of the 1997 Rules of Civil Procedure but stated in the negative. The new rule specifically
provides prohibited motions. The following motions are not allowed:

(a) Motion to dismiss except on the following grounds:

i. That the court has no jurisdiction over the subject matter of the claim.

ii. That there is another action pending between the same parties for the same cause; and

iii. That the cause of action is barred by a prior judgment or by the statute of limitations;

(b) Motion to hear affirmative defenses;

(c) Motion for reconsideration of the court’s action on the affirmative defenses;

(d) Motion to suspend proceedings without a temporary restraining

order or injunction issued by a higher court;

(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a
motion for extension to file an answer as provided by Section 11, Rule 11; and

(f) Motion for postponement intended for delay, except if it is based on acts of God, force
majeure or physical inability of the witness to appear and testify. If the motion is granted
based on such exceptions, the moving party shall be warned that the presentation of its
evidence must still be terminated on the dates previously agreed upon.

Also, the rule newly provides that a motion for postponement, whether written or oral, shall, at all
times, be accompanied by the original receipt from the office of the clerk of court evidencing payment
of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing
of said motion or not later than the next hearing date. The clerk of court shall not accept the motion
unless accompanied by an original receipt.

Section 13. The rule is a transposition of the old rule stated in Section 5 of Rule 16, in relation to Section
1 of the same Rule, of the 1997 Rules of Civil Procedure. Also, the transposed rule provides for dismissal
without prejudice instead of effect of dismissal.

You might also like