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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)G. Motions (Rule 15)2. Prohibited Motions

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Question

G. Motions (Rule 15): Prohibited Motions

Scenario 1:

Jose, a party to a civil case, filed a motion for the dismissal of the case on the ground of lack of jurisdiction. The court denied the motion, ruling that the ground relied upon is not included in the list of permissible grounds for dismissal under Rule 16. Dissatisfied with the court's ruling, Jose decides to file another motion to dismiss the case, this time asserting lack of cause of action as the ground. Is Jose's motion permissible under the Rules of Court? Discuss.

Scenario 2:

John, a defendant in a criminal case, files a motion to quash the information on the ground of prescription. The trial court grants the motion and dismisses the case. The prosecution wants to file a motion for reconsideration of the court's ruling. Can the prosecution do so? Explain.

Scenario 3:

Anna, a party in a civil case, files a motion for reconsideration of the court's decision. The court denies Anna's motion, finding it to be without merit. Anna, not satisfied, wants to file another motion for reconsideration. Are successive motions for reconsideration allowed under the Rules of Court? Discuss.

  • Discuss the prohibitions and limitations on motions under Rule 15.
  • Explain the rationale behind these prohibitions and limitations.

Answer

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