This case has been cited 2 times or more.
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2005-08-25 |
TINGA, J. |
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| In Municipality of Biñan, Laguna v. Court of Appeals,[27] decided under the old Rules of Court, we held that a preliminary hearing permitted under Section 5, Rule 16, is not mandatory even when the same is prayed for. It rests largely on the sound discretion of the court, thus:SEC. 5. Pleading grounds as affirmative defenses.- Any of the grounds for dismissal provided for in this rule, except improper venue, may be pleaded as an affirmative defense, and a preliminary hearing may be had thereon as if a motion to dismiss had been filed. | |||||
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2003-11-20 |
YNARES-SANTIAGO, J. |
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| In Municipality of Biñan Laguna v. Court of Appeals,[13] decided under the old Rules of Civil Procedure, it was held that a preliminary hearing permitted under Rule 16, Section 5, is not mandatory even when the same is prayed for. It rests largely on the sound discretion of the trial court, thus - | |||||