PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
4.6 Costs of Interim Applications/ Motions If the plaintiff applies for a writ of preliminary attachment 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, in the court’s dis- cretion, will enable the defendant to recover any damage they may suffer by reason of the issu- ance 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; • whether the court will set such timeframe for hearing regarding reception of evidence or oral arguments; and • whether the court will require further submis- sions from the parties. While there are prescribed timeframes for the resolutions of certain motions and applications, in practice the courts do not necessarily follow these prescribed time limits and have certain latitude in resolving them. In general, applica- tions for a preliminary attachment or injunction are quickly attended to by the courts and in accordance with the timeframe prescribed by the Rules of Court. Motions to dismiss, judgment on the pleadings and summary judgment may take anywhere
• lack of jurisdiction over the person of the defendant; • 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 defendant in a lawsuit by filing a motion for intervention, with leave of court. Intervention is allowed when the intervenor: • 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 proceeding. 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 recov- ered by the defendant by including attorney’s fees and costs of litigation by way of a counter- claim in their answer to the complaint.
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