A motion to dismiss is a pleading by which a defendant asks the court to dismiss the case without going through a full trial, on the ground that there is a fatal defect that bars the action. Under the 2019 amendments to the Rules of Civil Procedure, the availability of a motion to dismiss was significantly restricted: as a general rule, a motion to dismiss is now a prohibited pleading, and the defendant should instead raise their objections as affirmative defenses in the answer. However, the rules preserve a short list of grounds on which a motion to dismiss may still be filed: that the court has no jurisdiction over the subject matter of the claim; that there is another action pending between the same parties for the same cause (litis pendentia); that the cause of action is barred by a prior judgment (res judicata); and that the claim is barred by the statute of limitations (prescription). Other objections that were formerly grounds for a motion to dismiss, such as lack of legal capacity, improper venue, failure to state a cause of action, non-compliance with a condition precedent, or lack of jurisdiction over the person, are now generally raised as affirmative defenses in the answer, which the court may resolve summarily. When a motion to dismiss is granted on the surviving grounds, the dismissal may or may not bar re-filing depending on the ground; a dismissal based on prescription or res judicata, for example, generally bars the claim. So the motion to dismiss still exists but only for a few fundamental defects, with most objections now channeled through the answer.
What It Is
A motion to dismiss asks the court to throw out the case without trial due to a fatal defect. Under the 2019 amendments, it is now generally a prohibited pleading — most objections go into the answer as affirmative defenses.
The Surviving Grounds
- No jurisdiction over the subject matter;
- Litis pendentia (another pending action, same cause);
- Res judicata (barred by prior judgment); and
- Prescription (barred by the statute of limitations).
Everything Else Goes in the Answer
Objections like improper venue, failure to state a cause of action, lack of capacity, or condition precedent are now generally raised as affirmative defenses in the answer, which the court may resolve summarily.
Practical Takeaways
- A motion to dismiss now lies only for a few fundamental defects;
- Most objections are affirmative defenses in the answer;
- Dismissal on prescription or res judicata generally bars re-filing.
Frequently Asked Questions
Can I still file a motion to dismiss? Only on limited grounds. Under the 2019 amendments, a motion to dismiss is generally a prohibited pleading, and most objections must be raised as affirmative defenses in the answer.
What grounds still allow a motion to dismiss? That the court has no jurisdiction over the subject matter, that there is another action pending for the same cause (litis pendentia), that the claim is barred by prior judgment (res judicata), and that it is barred by prescription.
Where do I raise improper venue or failure to state a cause of action now? Generally as affirmative defenses in the answer, which the court may resolve summarily, rather than through a motion to dismiss.
Does a dismissal bar re-filing the case? It depends on the ground. A dismissal based on prescription or res judicata generally bars the claim, while a dismissal on some other grounds may allow re-filing.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.