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PD 946 Section 17

PD 946 Section 17

Pleadings; Hearings; Limitation on Postponements.

Section 17

SEC. 17. Pleadings; Hearings; Limitation on Postponements.—The defendant shall file his answer to the complaint (not a motion to dismiss), within a non-extendible period of ten (10) days from service of summons, and the plaintiff shall file his answer to the counterclaim, if there be any, within a non-extendable period of five (5) days. There shall be no declaration of default for failure to file the answer within the period herein provided. Immediately upon receipt of the last pleading completing the joinder of issues, or the expiration of the period for filing the same, the Court shall set the case for hearing. On the date of hearing but before actually receiving evidence on the case, the Court shall endeavor to settle the case amicably, Provided, That in no case shall any amicable settlement work out to give the agricultural lessee or tenant less rights, benefits or advantage than the law grants him; and, Provided, further, That a judgment approving such amicable settlement shall not be executory until after fifteen (15) days from notice. If an agreement as to the whole or any part of the case is arrived at, the same shall be reduced to writing, signed and acknowledged by the parties and counsels, if present, before the Judge which shall be the basis of a decision. Where no such agreement is affected, the Court shall proceed with the trial, which shall be continuous until terminated. The absence of counsel of any or both the parties shall not be a ground for postponement or continuance, provided they were duly notified. No motion to dismiss shall be entertained at any stage of the proceedings. No order of the Courts of Agrarian Relations on any issue, question, matter or incident raised before them shall be contested in any action or proceeding before the appellate courts until the hearing shall have been terminated and the case decided on the merits.

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Other provisions in PD 946

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗ · Data as of July 4, 2026

CitationPD 946 Section 17 (LawPlayer, data as of July 4, 2026)

Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).

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