AMENDMENTS TO THE 197 RULES OF CIVIL PROCEDURE, BY ATTY. OC}
c.) plaintiff has no legal capacity to sue;
d.) no cause of action;
e.) condition precedent has not been complied with.
What is the period for the court to resolve these
affirmative defenses?
The court will have 30 calendar days to resolve the same.
What if the ones raised are denied, what's the remedy?
If any of these grounds is denied, the denial can no longer be subject to
MR, certiorari or mandamus, but can be raised on appeal after judgment
on the merits.
Revised periods:
> Period to file an Answer of a defendant foreign private juridical entity is
increased from 30 to 60 calendar days after receipt of summons.
> Period to file an Answer to an amended complaint which was filed as a
matter of right is increased from 15 to 30 calendar days after being
served of a copy; increased from 10 to 15 calendar days from notice of
order admitting the same if amended complaint was filed not as a
matter of right.
> Period to file an Answer to a cross-claim or counterclaim is increased
from 10 to 20 calendar days from service.
» Period to file a Reply is increased from 10 to 15 calendar days from
service of the pleading responded to.
> Period to file an Answer to a supplemental complaint is increased from
10 to 20 calendar days from notice of order admitting the same.
Can a defendant move for an extension of time to file
Answer?
A defendant may be allowed once only for an extension of time to file an
Answer for a period of 30 calendar days. Motion for extension to file a
pleading other than answer is a mere scrap of paper.
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