DISMISSAL REMEDIES

UPON DEFENDANT’S ACTS

Grounds MTD AD Deemed Dismissal with

Waived if not Prejudice
Pleaded
Only two:
Fraud, Release, Payment, Illegality, Statute of
Frauds, Estoppel, Former Recovery, Available Waived a) Claim paid,
Discharge in Bankruptcy, Venue Impropperly Not Available Rule 6, Sec. 5(b) waived,
Laid, No Legal Capacity to Sue, States No Rule 8, Sec. Rule 9, Sec. 1 abandoned or
Cause of Action, Condition Precedent Not 12(b) otherwise
Complied with. extinguished

b) Statute of
Frauds

Rule 15, Sec. 13

Only two:
No Subject Matter Jurisdiction, Res Judicata, Available Available Not Waived a) Res judicata
Litis Pendentia, Prescription Rule 15, Sec. Rule 6, Sec 5(b) Rule 9, Sec. 1;
12(a) also no need b)Prescription
for summons Rule 15, Sec.13
 Rule 14, Sec.1

UPON PLAINTIFF’S ACTS OR FAULT

See Rule 17

Incident / Act Rule Effect

Without prejudice unless:

Must be before service ● Otherwise stated in the notice

Notice by Plaintiff of answer or motion for
summary judgment ● Filed by plaintiff who has once dismissed in a competent
court an action based on same claim.

● Dismissal without prejudce unless otherwise stated in order

● Only upon approval
Motion by Plaintiff of and upon terms ● Defendant may prosecute separate action unless w/in 15 days
set by the court he manisfests his prteference to have his counter-claim
resolved in the same action.
● If counterclaim
pleaded prior to
service of motion,
 dismissal only of
complaint

Grounds: Failure to ● Defendant has right to prosecute counter-claim in same or

Due to Plaintiff’s Fault separate action
● Appear upon
Upon defendant’s presentation of ● Dismissal with prejudice unless otherwise stated in order.
motion or the court’s plaintiff’s evidence
own motion in chief on
complaint, for no
justifiable cause.

● Prosecute action for

unreasonable length
of time

● Comply with the

Rules

● Comply with any

order of the court
 ACTION ON AFFIRMATIVE DEFENSES

Affirmative Defense Court Action

Court has no jurisdiction over person of defendant,

venue is improperly laid, plaintiff has no capacity to sue, Court shall motu proprio resolve the AD within 30
pleading states no cause of action, condition precedent calendar days from filing of the answer.
for filing not complied with. (Rule 8, Sec. 12(c) referring to Rule 6,
Sec. 5(b), par. 1)

Fraud, prescription, release, payment, illegality, statute Court may conduct a summary hearing within 15
of frauds, estoppel, former recovery, discharge in calendar days from filing of answer; shall resolve within
bankruptcy, any other m,atter by way of confession and 30 calendar days from termination of the summary
avoidance. (Rule 8, Sec. 12(d) referring to Rule 6, Sec. 5(b), par. 2) hearing.

Court has no jurisdiction over subject matter, litis No mention in 2019 amendments. It is suggested that
pendentia, res judicata. this can be treated in the same manner as a MTD. It is,
of course, a ltigiuous motion. Hence:

● Opposing party shall file opposition within 5

 calendar days from receipt of MTD

● Court shall resolve the MTD within 15 calendar days

from receipt of opposition or upon expiration of
period to file opposition

● Court may, in the exercise of its discretion and if

necessary to resolve the MTD, call for a hearing with
notice to all parties setting the time and date of
hearing.

● Or the Court may dismiss the complaint or pleading

outright if warranted by the complaint / pleading or
the evidence. (Rule 9, Sec. 1)