Section 1. Grounds.

— Within the time for but before filing the answer to the
complaint or pleading asserting a claim, a motion to dismiss may be made on any of
the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;

(e) That there is another action pending between the same parties for the same
cause;

(f) That the cause of action is barred by a prior judgment or by the statute of
limitations;

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has been paid,
waived, abandoned, or otherwise extinguished;

(i) That the claim on which the action is founded is enforceable under the
provisions of the statute of frauds; and

(j) That a condition precedent for filing the claim has not been complied with.
(1a)

Section 2. Hearing of motion. — At the hearing of the motion, the parties shall submit
their arguments on the questions of law and their evidence on the questions of fact
involved except those not available at that time. Should the case go to trial, the
evidence presented during the hearing shall automatically be part of the evidence of
the party presenting the same. (n)

Section 3. Resolution of Motion. — After the hearing, the court may dismiss the
action or claim, deny the motion, or order the amendment of the pleading.

The court shall not defer the resolution of the motion for the reason that the ground
relied upon is not indubitable.

In every case, the resolution shall state clearly and distinctly the reasons therefor. (3a)
Section 4. Time to plead. — If the motion is denied, the movant shall file his answer
within the balance of the period prescribed by Rule 11 to which he was entitled at the
time of serving his motion, but not less than five (5) days in any event, computed from
his receipt of the notice of the denial. If the pleading is ordered to be amended, he
shall file his answer within the period prescribed by Rule 11 counted from service of
the amended pleading, unless the court provides a longer period. (4a)

Section 5. Effect of dismissal. — Subject to the right of appeal, an order granting a

motion to dismiss based on paragraphs (f), (h) and (i) of section 1 hereof shall bar the
refiling of the same action or claim. (n)

Section 6. Pleading grounds as affirmative defenses. — If no motion to dismiss has

been filed, any of the grounds for dismissal provided for in this Rule may be pleaded
as an affirmative defense in the answer and, in the discretion of the court, a
preliminary hearing may be had thereon as if a motion to dismiss had been filed. (5a)

The dismissal of the complaint under this section shall be without prejudice to the
prosecution in the same or separate action of a counterclaim pleaded in the answer. (n)