Specpro

Rule 37 MR & Motion for New Trial

RULE 37 1. MERALCO v. La Campana Food Products, Inc. 2. Soloria v. de la Cruz 3. Viking Industrial Corp. v. CA 4. Salazar v. Salazar 5. Philippine Phospate Fertilizer Corp. v. CIR 6. Bernaldez v. Francia 7. Capuz v. CA 8. Dulos Realty and Development Corp. v. CA 9. Alfarero v. Sevilla 10. Habaluyas Enterprises Inc. v. Japson 11. National Commercial Bank of Saudi Arabia v. CA 12. Security Bank and Trust Co. v. Cuenca 13. Gagui v. Dejero 14. Esquivel v. Alegre

Summary Procedure (Sec. 19, Part IV) Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or petitions shall not be allowed in the cases covered by this Rule: (a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section; (b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial; (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits or any other paper; (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the defendant in default; (i) Dilatory motions for postponement; (j) Reply; (k) Third party complaints; (l) Interventions.

Small Claims (Sec. 16; AM 08-8-7-SC) SEC. 16. Prohibited Pleadings and Motions. - The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss the Statement of Claim/s; note on any ground. (b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; same as in RSP & R70. (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits, or any other paper; (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the defendant in default; (i) Dilatory motions for postponement; (j) Reply and rejoinder; (k) Third-party complaints; and (l) Interventions.

Sec. 1, Rule 2, Part II, Rules of Procedure for Environmental Cases Section 1. Pleadings and motions allowed. — The pleadings and motions that may be filed are complaint, answer which may include compulsory counterclaim and cross-claim, motion for intervention, motion for discovery and motion for reconsideration of the judgment. Motion for postponement, motion for new trial and petition for relief from judgment shall be allowed in highly meritorious cases or to prevent a manifest miscarriage of justice.

Rules on Writ of Amparo (Sec. 11) 07-9-12-SC Sec. 11. Prohibited Pleadings and Motions. - The following pleadings and motions are prohibited: 1. Motion to dismiss; 2. Motion for extension of time to file return, opposition, affidavit, position paper and other pleadings; 3. Dilatory motion for postponement; 4. Motion for a bill of particulars; 5. Counterclaim or cross-claim; 6. Third-party complaint; 7. Reply; 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) AM No. 08-1-16-SC 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; (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.