Rule 16 – Motion to Dismiss
E1014382
Rule 16 – Motion to Dismiss is a provision in the Philippine Rules of Court that governs the grounds, procedure, and effects of filing a motion to dismiss a civil action before an answer is submitted.
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
procedural rule
ⓘ
rule of court ⓘ |
| addresses | threshold issues in civil litigation ⓘ |
| aimsTo |
avoid unnecessary trial
ⓘ
promote judicial efficiency ⓘ |
| appliesTo |
Regional Trial Courts in civil cases
ⓘ
civil actions ⓘ first-level courts in civil cases ⓘ ordinary civil actions ⓘ special civil actions unless otherwise provided ⓘ |
| bindingOn |
judges in Philippine civil courts
ⓘ
parties in civil actions in Philippine courts ⓘ |
| characteristic | remedy available to a defending party ⓘ |
| citationForm | Rule 16, Rules of Court (Philippines) NERFINISHED ⓘ |
| condition | motion must be filed before the filing of an answer ⓘ |
| country | Philippines ⓘ |
| effectOfDenial | defendant must file an answer ⓘ |
| effectOfGrant | dismissal of the complaint ⓘ |
| effectOnMerits | may result in dismissal without trial on the merits ⓘ |
| effectOnProceedings | may suspend the period to file an answer ⓘ |
| governs |
effects of filing a motion to dismiss
ⓘ
grounds for motion to dismiss a civil action ⓘ procedure for filing a motion to dismiss ⓘ |
| interpretationBy | Supreme Court of the Philippines NERFINISHED ⓘ |
| jurisdiction | courts of the Philippines ⓘ |
| language | English ⓘ |
| legalDomain | civil procedure ⓘ |
| legalNature | procedural ⓘ |
| legalSourceType | court-promulgated procedural rule ⓘ |
| legalSystem | Philippine legal system ⓘ |
| objective | to resolve preliminary objections efficiently ⓘ |
| partOf | Philippine Rules of Court NERFINISHED ⓘ |
| proceduralConsequence | court must resolve the motion before requiring an answer ⓘ |
| purpose | to allow early termination of an action on specified grounds ⓘ |
| relatedTo |
Rule 15 – Motions
ⓘ
Rule 17 – Dismissal of Actions ⓘ Rule 8 – Answer ⓘ |
| requires |
filing of a written motion
ⓘ
notice and hearing in accordance with rules on motions ⓘ service of the motion on the adverse party ⓘ statement of specific grounds for dismissal ⓘ |
| scope | pre-answer motions to dismiss civil complaints ⓘ |
| sourceLaw | Rules of Court of the Philippines NERFINISHED ⓘ |
| stageOfProceeding | before filing of an answer ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.