Friday, March 31, 2023

Motion to dismiss

 "10. ID.; ID.; ID.; A MOTION TO DISMISS MAY BE BASED ON ONLYONE OF THE GROUNDS ENUMERATED IN SEC. 1, RULE 16 OF THE RULES OF COURT. — Moreover, a motion to dismiss may be based on only one of the grounds enumerated in Sec. 1, Rule 16 of the Rules of Court. That the petitioners were able to prove the presence of three of the four grounds they raised, viz., res judicata, lack of jurisdiction and prescription, more than warrants the reversal of the Order below denying the petitioner’s motion to dismiss."


Source - 

[G.R. No. 96921. January 29, 1993.]

DEVELOPMENT BANK OF THE PHILIPPINES, NATIONAL DEVELOPMENT COMPANY and NATIONAL STEEL CORPORATION, Petitioners, v. JUDGE AMIR PUNDOGAR, in his capacity as Presiding Judge of the Regional Trial Court of Iligan City, 12th Judicial Region, Branch III, FERNANDO JACINTO, JACINTO STEEL, INC., and ILIGAN INTEGRATED STEEL MILLS, INC., Respondents.

Office of the Government Corporate Counsel for petitioners.


Link - chanrobles.com. 

https://www.chanrobles.com/cralaw/1993januarydecisions.php?id=68