Under the 2019 Amended Rules of Civil Procedure, a motion to dismiss is now allowed only on a few grounds: that the court has no jurisdiction over the subject matter, 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), or that it is barred by the statute of limitations (prescription). Most other objections that used to justify a motion to dismiss must now be raised as affirmative defenses in the answer, which the court resolves without necessarily halting the case.
A defendant’s first instinct is often to move to dismiss the complaint. But the 2019 Amended Rules of Civil Procedure dramatically narrowed when that motion is even allowed — a change every litigant should understand.
The Old System vs. the New
Under the old rules, a defendant could file a motion to dismiss on a long list of grounds before answering, and these motions frequently delayed cases for years as they were litigated and appealed. To curb this, the 2019 amendments slashed the available grounds and pushed most objections into the answer.
The Only Grounds for a Motion to Dismiss Now
Under the amended Rule 15/Rule 16 framework, a motion to dismiss is prohibited except on these grounds:
- Lack of jurisdiction over the subject matter of the claim;
- Litis pendentia — there is another action pending between the same parties for the same cause;
- Res judicata — the cause of action is barred by a prior final judgment; and
- Prescription — the claim is barred by the statute of limitations.
These four are the only grounds on which a stand-alone motion to dismiss may now be filed. Any other motion to dismiss is generally not allowed.
Everything Else Goes in the Answer
Grounds that used to support a motion to dismiss — such as lack of jurisdiction over the person, improper venue, lack of legal capacity to sue, failure to state a cause of action, non-compliance with a condition precedent, and the like — must now be raised as affirmative defenses in the answer. The court then resolves these affirmative defenses, and it may do so without a full hearing and generally without suspending the proceedings. The practical effect is that the case keeps moving instead of stalling on a preliminary motion.
Why the Change Matters
For plaintiffs, this is good news: fewer preliminary motions mean faster cases and fewer delay tactics. For defendants, it means a real objection must usually be pleaded in the answer, not saved for a motion — and a defendant who wrongly files a prohibited motion to dismiss risks running the clock to answer while gaining nothing. Knowing which of the four grounds you have, versus what must go in the answer, is now essential.
A Note on Timing and Waiver
Some defenses, notably lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription, are so fundamental that they can be raised even later and are not easily waived. Others, like improper venue or lack of jurisdiction over the person, are waived if not timely raised in the answer. So the answer is now the crucial pleading for preserving defenses.
Practical Advice
- Defendants: file a motion to dismiss only on the four allowed grounds; raise all other objections as affirmative defenses in your answer, on time, or lose them.
- Plaintiffs: expect fewer delaying motions, and be ready to meet affirmative defenses within the case.
- Because the rules changed significantly, do not rely on old practice — the answer now carries most of the defensive weight.
Frequently Asked Questions
On what grounds can I still file a motion to dismiss? Only four: lack of jurisdiction over the subject matter, litis pendentia (another pending action for the same cause), res judicata (a prior judgment bars the claim), and prescription (the claim is time-barred).
What happened to the other grounds? Under the 2019 Amended Rules, other grounds, such as improper venue, lack of jurisdiction over the person, or failure to state a cause of action, must now be raised as affirmative defenses in the answer, not by a motion to dismiss.
Does raising an affirmative defense stop the case? Generally no. The court resolves affirmative defenses, often without a full hearing and without suspending the proceedings, so the case keeps moving instead of stalling on a preliminary motion.
Can I lose a defense by not raising it? Yes. Defenses like improper venue and lack of jurisdiction over the person are waived if not timely raised in the answer. Fundamental ones like lack of subject-matter jurisdiction, res judicata, and prescription are harder to waive.
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 are sued and need to raise the right defenses correctly, our firm can prepare your answer and any proper motion. 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.