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    Summary Procedure: Apprac by Atty. Genilo JMCRUZ Reviewer

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    Jm Cruz
    This document outlines prohibited pleadings and motions under various rules of procedure, including: 1) Small claims and summary procedures which prohibit motions to dismiss, bills of particulars, new trials, relief from judgment, and extensions of time. 2) Writ of amparo which prohibits motions to dismiss, extensions of time, postponements, bills of particulars, counterclaims, interventions, replies, and memorandums. 3) Habeas data which lists the same prohibited pleadings and motions as writ of amparo.

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    Summary Procedure: Apprac by Atty. Genilo JMCRUZ Reviewer

    Uploaded by

    Jm Cruz
    32 views2 pages
    This document outlines prohibited pleadings and motions under various rules of procedure, including: 1) Small claims and summary procedures which prohibit motions to dismiss, bills of particulars, new trials, relief from judgment, and extensions of time. 2) Writ of amparo which prohibits motions to dismiss, extensions of time, postponements, bills of particulars, counterclaims, interventions, replies, and memorandums. 3) Habeas data which lists the same prohibited pleadings and motions as writ of amparo.

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    Provisions

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    This document outlines prohibited pleadings and motions under various rules of procedure, including: 1) Small claims and summary procedures which prohibit motions to dismiss, bills of particulars, new trials, relief from judgment, and extensions of time. 2) Writ of amparo which prohibits motions to dismiss, extensions of time, postponements, bills of particulars, counterclaims, interventions, replies, and memorandums. 3) Habeas data which lists the same prohibited pleadings and motions as writ of amparo.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    32 views2 pages

    Summary Procedure: Apprac by Atty. Genilo JMCRUZ Reviewer

    Uploaded by

    Jm Cruz
    This document outlines prohibited pleadings and motions under various rules of procedure, including: 1) Small claims and summary procedures which prohibit motions to dismiss, bills of particulars, new trials, relief from judgment, and extensions of time. 2) Writ of amparo which prohibits motions to dismiss, extensions of time, postponements, bills of particulars, counterclaims, interventions, replies, and memorandums. 3) Habeas data which lists the same prohibited pleadings and motions as writ of amparo.

    Copyright:

    © All Rights Reserved
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    APPRAC BY ATTY.

    GENILO

    JMCRUZ Reviewer

    Rule 37 MR and Motion for New Trial (e) Motion for extension of time to file
    pleadings, affidavits, or any other paper;
    (f) Memoranda;
    SUMMARY PROCEDURE (g) Petition for certiorari, mandamus, or
    prohibition against any interlocutory order
    Sec. 19. Prohibited pleadings and motions. issued by the court;
    — The following pleadings, motions or (h) Motion to declare the defendant in
    petitions shall not be allowed in the cases default;
    covered by this Rule: (i) Dilatory motions for postponement;
    (a) Motion to dismiss the complaint or to (j) Reply and rejoinder;
    (k) Third-party complaints; and
    quash the complaint or information except on
    (l) Interventions.
    the ground of lack of jurisdiction over the
    subject matter, or failure to comply with the
    preceding section; RULES ON ENVIRONMENTAL CASES
    (b) Motion for a bill of particulars;
    (c) Motion for new trial, or for PART II
    reconsideration of a judgment, or for opening CIVIL PROCEDURE
    of trial;
    RULE 2
    (d) Petition for relief from judgment; PLEADINGS AND PARTIES
    (e) Motion for extension of time to file
    pleadings, affidavits or any other paper; Section 1. Pleadings and motions allowed.
    (f) Memoranda; — The pleadings and motions that may be
    (g) Petition for certiorari, mandamus, or filed are complaint, answer which may
    include compulsory counterclaim and cross-
    prohibition against any interlocutory order
    claim, motion for intervention, motion for
    issued by the court;
    discovery and motion for reconsideration of
    (h) Motion to declare the defendant in the judgment.
    default;
    (i) Dilatory motions for postponement; Motion for postponement, motion for new
    (j) Reply; trial and petition for relief from judgment shall
    (k) Third party complaints; be allowed in highly meritorious cases or to
    (l) Interventions. prevent a manifest miscarriage of justice.

    RULES ON WRIT OF AMPARO


    SMALL CLAIMS
    Sec. 11. Prohibited Pleadings and Motions.
    SEC. 16. Prohibited Pleadings and - The following pleadings and motions are
    Motions.– The following pleadings, motions, prohibited:
    or petitions shall not be allowed in the cases
    covered by this Rule: 1. Motion to dismiss;
    2. Motion for extension of time to file return,
    (a) Motion to dismiss the Statement of
    opposition, affidavit, position paper and
    Claim/s;
    other pleadings;
    (b) Motion for a bill of particulars;
    (c) Motion for new trial, or for 3. Dilatory motion for postponement;
    reconsideration of a judgment, or for 4. Motion for a bill of particulars;
    reopening of trial; 5. Counterclaim or cross-claim;
    (d) Petition for relief from judgment; 6. Third-party complaint;
    7. Reply;
    APPRAC BY ATTY. GENILO

    JMCRUZ Reviewer

    8. Motion to declare respondent in default;


    9. Intervention;
    10. Memorandum;
    11. Motion for reconsideration of
    interlocutory orders or interim relief orders;
    and
    12. Petition for certiorari, mandamus or
    prohibition against any interlocutory order.

    HABEAS DATA
    Sec. 13. Prohibited Pleadings and Motions. -
    The following pleadings and motions are
    prohibited:

    (a) Motion to dismiss;


    (b) Motion for extension of time to file return,
    opposition, affidavit, position paper and
    other pleadings; chanrobles virtual law
    library
    (c) Dilatory motion for postponement;
    (d) Motion for a bill of particulars;
    (e) Counterclaim or cross-claim;
    (f) Third-party complaint;
    (g) Reply;
    (h) Motion to declare respondent in default;
    (i) Intervention;
    (j) Memorandum;
    (k) Motion for reconsideration of interlocutory
    orders or interim relief orders; and
    (l) Petition for certiorari, mandamus or
    prohibition against any interlocutory order.

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