This case has been cited 2 times or more.
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2014-10-08 |
LEONEN, J. |
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| Moreover, petitioners were not prohibited from filing the motion for reconsideration. This court has already stated in Narciso v. Garcia[83] that a defendant has the right to file a motion for reconsideration of a trial court's order denying the motion to dismiss since "[n]o rule prohibits the filing of such a motion for reconsideration."[84] The second case, therefore, was still pending when the third case was filed. | |||||
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2014-04-07 |
BRION, J. |
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| Instead of filing an answer, the defendant may opt to file a motion for reconsideration. Only after the trial court shall have denied the motion for reconsideration does the defendant become bound to file his answer.[27] If the defendant fails to file an answer within the reglementary period, the plaintiff may file a motion to declare the defendant in default. This motion shall be with notice to the defendant and shall be supported by proof of the failure.[28] | |||||