PERIOD TO FILE A MOTION TO DISMISS:

      SECTION 1, RULE 16 OF THE RULES OF COURT REQUIRES THE DEFENDANT TO FILE A MOTION TO DISMISS WITHIN THE TIME FOR, BUT BEFORE FILING THE ANSWER TO THE COMPLAINT OR PLEADING ASSERTING A CLAIM. Section 1, Rule 11 of the Rules of Court, on the other hand, commands the defendant to file his answer within fifteen (15) days after service of summons, unless a different period is fixed by the trial court. Once the trial court denies the motion, the defendant should file his answer within the balance of fifteen (15) days to which he was entitled at the time of serving his motion, but the remaining period cannot be less than five (5) days computed from his receipt of the notice of the denial. (TUNG HO STEEL ENTERPRISES CORPORATION vs. TING GUAN TRADING CORPORATION [2014]).

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