CIVIL PROCEDURE: Whatever happened to the Motion to Dismiss?

[@thatgirldenni]

Thank you so much, Atty! This is very informative. It's rare to come across someone who can explain the law in an uncomplicated manner.

[@jaquilyndemesa6686]

Thank you so much Atty. puwede pala i-explain ang rules of court in a way na super cool lang..mas magaan..mas madali maintidihan..salamat po..

[@TheHowsofLaw]

Hi Jacqui. Watch out for my Rules of Court lecture series soon! ☺️

[@arieltagnipez7309]

Salamat sir...nice, Naintindihan ko talaga mga lecture mo sir.. maganda kasi may text mababasa habang nanood...

[@TheHowsofLaw]

You're welcome! All the best!

[@valerievelasquez9921]

Thank you for this po Atty! Sana po madami pa po kayong lectures na ipost and pati din po yun flow ng criminal procedure. :) God bless po!

[@TheHowsofLaw]

Thank you! And thank you for the suggestion for my next topic :)

[@pinayaminah3003]

Thank you for decoding the new amendments on CivPro. 🙂 but pardon me Sir, I am confused, what about non-nompliance of Brgy Conciliation? (AM. Order 08-8-7, Rule II, Sec. 2 (a))

[@arjaybigalbal9646]

Atty paano po kung 17 years old ang dinemanda sa isang kasong slight physical injuries?

[@prettylourdesbj]

Hi attu. After filling of motion to dismiss, is there any # of days to wait, ot it is the judge discretion when to answer the motion to dismiss? Ty

[@TheHowsofLaw]

Under the 2019 Amendments, since wala ng Motion to Dismiss, if one is filed as an Affirmative Defense, or even if one is filed and received by the court, the court may motu proprio rule on it or require a hearing. Pwede din naman na magfile na agad ng comment and plaintiff within 5 days from receipt of the motion or answer with affirmative defenses.

[@arieltagnipez7309]

Thank you sir,, may remedial law din pala.. salamat

[@adrianafoxxe9482]

Sana Atty SpecPro rin please. I am not skipping your ads Atty

[@berng.1092]

Sir when should a motion to dismiss be filed under the amended civil procedure?

[@TheHowsofLaw]

Under the Amended Rules, wala ng motion to dismiss. Unlike in the old rules, a motion to dismiss should be filed within the period to file an answer. Ngayon, dahil wala ng motion to dismiss, wala na din period. The grounds for motion to dismiss can be raised as affirmative defenses in the Answer. They can be resolved motu proprio by the court. Hearing on the affirmative defenses is optional.

[@berng.1092]

@@TheHowsofLaw thank you Atty.

[@berng.1092]

@@TheHowsofLaw sir just a follow up. If I move for a dismissal based on the 4 grounds and there's no time when to file the same, does it mean I can file it anytime, even first time on appeal (since, also the four grounds cannot be waived)? Thank you and sensya na po

[@nivninvniv38]

Thank you po Atty.

[@medicoirish9847]

Thank you for this Atty. New subscriber here. 😊 Thank you for making a lot of videos. It really help us. May I know if you have more videos about civil procedure? Thank you so much Atty. Stay safe and God Bless 😊🙏

[@TheHowsofLaw]

Hi Irish. I will make more procedural law related videos after my current Civil Law Jurisprudence video series. Stay tuned!

[@medicoirish9847]

@@TheHowsofLaw thank you so much Atty. Kudos to you and your channel po. Stay safe and God Bless! 😊

[@nooracabriles6407]

Good morning,,,ask ko lng po about sa case ng tatay ko na napagbintangan po siya ng rape then more than one year na siyang nkakulong panay po ang hearing and the complinant po 4times ng hindi dumalo sa hearing ang po nila wala ung witness meron rw importanteng pinuntahan,, tanung ko lng po atty fwede po ba kami mag file ng failure prosecute motion dismiss? Matanda na po ung tatay ko 80 year old na pob siya at meron po siya kidney history...please po atty i need your advice hindi po kc nmin alam kong saan kmi mag simula at kong sino hingian nmin ng advice,,,thank you po and God bless..

[@TheHowsofLaw]

Yes,.pwede po. Tell your lawyer about it. Kelangan lawyer ang mag file ng motion at mag argue sa court. God bless!

[@arieltagnipez7309]

Sana may mga video pa din rem law..

[@BillVisayaTVNews]

thankful, atty!

[@TheHowsofLaw]

You're welcome! 😊

[@geraldpayumo8396]

Thank you po for this!

[@noeloblena]

Sir! are you based in the philippines?

[@TheHowsofLaw]

Yes sir, I am.

[@noeloblena]

@@TheHowsofLaw Do you allow any consultation in your practice?

[@TheHowsofLaw]

Yes sir. You may send me an email at [e-mail]

[@noeloblena]

@@TheHowsofLaw I just emailed you Atty.

[@peterpiper5300]

more remedial law lectures please. books are too technical. not for students.