PHILIPPINES Law and Practice Contributed by: Leland R Villadolid J, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
ing”. Summary judgment, meanwhile, is granted when “the pleadings, supporting affidavits, depositions and admissions on file, show that, except as to the amount of damages, there is no genuine issue as to any mate- rial fact and that the moving party is entitled to a judg- ment as a matter of law”. In either case, the court may, at its discretion, conduct a summary hearing to clarify facts and issues before resolving the motion. On the other hand, the defendant may: • file a motion for summary judgment; • file a motion to dismiss the complaint; or • assert affirmative defences in their answer. The defendant may file a motion to dismiss on the following grounds: • that the court has no jurisdiction over the subject matter of the claim; • the pendency of another action between the same parties for the same cause; and • that the cause of action is barred by a prior judg- ment or by prescription. Another option for the defendant is to assert affirma- tive defences in their answer, which include (among others): • the same grounds as may be raised in a motion to dismiss; • lack of jurisdiction over the person of the defend- ant; • improper venue; • the plaintiff’s lack of legal capacity to sue; • failure to state a cause of action; and • failure to comply with a condition precedent. 4.3 Dispositive Motions Please see 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties may join either as plaintiff or defend- ant in a lawsuit by filing a motion for intervention, with leave of court. Intervention is allowed when the inter- venor:
• has a legal interest in the matter in litigation or in the success of either of the parties; • has an interest against both the foregoing; or • is so situated as to be adversely affected by a distribution or other disposition of property in the custody of the court or of an officer. Intervention may be denied if: • the intervenor fails to show sufficient interest in the case; or • it appears to the court that the intervention will unduly delay or prejudice the adjudication of the rights of the original parties, or that the intervenor’s rights may be fully protected in a separate pro- ceeding. 4.5 Applications for Security for Defendant’s Costs There is no law or rule requiring the plaintiff to pay a sum of money or post security for the defendant’s costs. Such costs may be recovered by the defendant by including attorney’s fees and costs of litigation by way of a counterclaim in their answer to the complaint. 4.6 Costs of Interim Applications/Motions If the plaintiff applies for a writ of preliminary attach- ment or injunction, they may be assessed minimal application fees by the court based on a schedule of fees that correspond to the nature of the application. Further, if the court grants the writ, the court will require the plaintiff to post a bond in favour of the defendant in such sum as, at the court’s discretion, will enable the defendant to recover any damage they may suffer by reason of the issuance of the writ if it is eventually determined that the plaintiff is not entitled to the relief sought. Please see 4.1 Interim Applications/Motions and 6.1 Circumstances of Injunctive Relief . 4.7 Application/Motion Timeframe The timeframe for resolving applications and motions varies depending on: • nature and complexity;
915 CHAMBERS.COM
Powered by FlippingBook