1997 RULES OF CIVIL PROCEDURE AS AMENDED (RULES 1 – 71, RULES OF COURT)

PER RESOLUTION OF THE SUPREME COURT IN

BAR MATTER NO. 827 ADOPTED IN BAGUIO CITY ON
APRIL 8, 1997

RULE 16: MOTION TO DISMISS

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)