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Prohibited Pleadings

This document lists prohibited pleadings and motions for different types of cases in Philippine courts. It summarizes that motions to dismiss are prohibited in small claims cases, amparo cases, habeas data cases, and continuous trial of criminal cases except for lack of jurisdiction or failure to refer to conciliation. Motions for new trial, reconsideration, and reopening of trial are prohibited in small claims and amparo cases. Memoranda, petitions for certiorari/mandamus/prohibition, and replies/rejoinders are prohibited in various case types. Dilatory motions for postponement and third-party complaints are prohibited in several case types.

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Rayn Cagang
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0% found this document useful (0 votes)
104 views8 pages

Prohibited Pleadings

This document lists prohibited pleadings and motions for different types of cases in Philippine courts. It summarizes that motions to dismiss are prohibited in small claims cases, amparo cases, habeas data cases, and continuous trial of criminal cases except for lack of jurisdiction or failure to refer to conciliation. Motions for new trial, reconsideration, and reopening of trial are prohibited in small claims and amparo cases. Memoranda, petitions for certiorari/mandamus/prohibition, and replies/rejoinders are prohibited in various case types. Dilatory motions for postponement and third-party complaints are prohibited in several case types.

Uploaded by

Rayn Cagang
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 8

PROHIBITED PLEADINGS AND MOTIONS

X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
X

Except: lack
of
jurisdiction
over the
subject
matter, or
failure to
Motion to refer case to
Lupon for X X X X X
dismiss
conciliation

Note: Lupon
requirement
not
applicable if
accused
arrested
without a
warrant
X

when the
Motion to quash
ground is not
information one of those
stated in Sec.
3, Rule 117

1/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
X

Motion for a bill that does not


X X X X X X
of particulars conform to
Sec. 9, Rule
116
Motion for new
X X
trial
Motion for
reconsideration X X
of a judgment
Motion for
reconsideration
of interlocutory
X X
orders or
interim relief
orders
Motion for
reopening of X X
trial
Petition for
relief from X X
judgment

2/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
X
X
X
X X
to file
to file
Motion for to file return,
to file opposition, to file pleadings, X
pleadings, opposition,
extension of pleadings, affidavit, except to file
affidavits affidavit,
time affidavits or position answer, the to file return
or any position
any other paper and extension not to
other paper and
paper other exceed 15 days
paper other
pleadings
pleadings
Memoranda X X X X
Petition for
certiorari,
mandamus, or
prohibition
X X X X
against any
interlocutory
order issued by
the court
Motion to
declare the
X X X X X X
defendant in
default
Dilatory
motions for X X X X
postponement
Motion for
X
postponement
Reply X X X X X X
Rejoinder X

3/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
X
Third-party
X X X X X X
complaints Sec. 1, Rule
111
Intervention X X X X
X
Counterclaim or
X X X
cross-claim Sec. 1, Rule
111
Motion for
judicial
determination X
of probable
cause

4/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
Motion for
preliminary
investigation
filed beyond the
five (5)-day
reglementary
period in
inquest
proceedings
under Sec. 6,
Rule 112, or
when
preliminary
X
investigation is
required under
Sec. 8, Rule
112, or allowed
in inquest
proceedings
and the
accused failed
to participate in
the preliminary
investigation
despite due
notice.

5/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Motion for
reinvestigation
of the
prosecutor
recommending
the filing of
information
once the
information has
been filed
before the court
(1) if the motion
is filed without
prior leave of
court; (2) when
preliminary
investigation is X
not required
under Sec. 8,
Rule 112; and
(3) when the
regular
preliminary
investigation is
required and
has been
actually
conducted, and
the grounds
relied upon in
the motion are
not meritorious,
such as issues

6/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
of credibility,
admissibility of
evidence,
innocence of
the accused, or
lack of due
process when
the accused
was actually
notified, among
others.
Motion to
suspend the
arraignment
based on
X
grounds not
stated under
Sec. 11, Rule
116

7/8
PROHIBITED PLEADINGS AND MOTIONS
X – means prohibited
Continuous
Small Environmental
Summary Habeas Trial of Environmental
Claims Amparo Cases (Writ of
Procedure Data Criminal Cases (Civil)
Cases kalikasan)
Cases
Petition to
suspend the
criminal action
on the ground
of prejudicial
question, when X
no civil case
has been filed,
pursuant to
Sec. 7, Rule
111.

8/8

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