I. Motions (Rule 15) Flashcards
In General
It is an application for relief other than by a
pleading. (Sec. 1, Rule 15, ROC, as amended) (2007 BAR)
Non-litigious Motions
One which does not require that the parties be heard and which the court may act upon without prejudicing the rights of the other party (Sec. 4, Rule 15, ROC, as amended) (2002 BAR);
Litigious Motions
One which requires parties to be heard before a ruling on the motion is made by a court (e.g., motion to dismiss and motion for summary judgment) (Riano, 2019)
Pro Forma Motion
One which does not satisfy the requirements of the rules and one which will be treated as a motion intended to delay the proceedings. (Marikina Development Corporation v. Flojo, G.R. No. 110801, 8 Dec. 1995)
Sample of Litigious Motion
Litigious motions include:
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and
14. Other similar motions. (Sec. 5(a), Rule 15, ROC, as amended)
Resolution of Written Motions
All motions shall be served by:
(pc-re)_
1. Personal service;
2. Accredited private courier;
3. Registered mail; or
4. Electronic means so as to ensure their receipt by the other party. (Sec. 5(c), Rule 15, ROC, as amended)
Hearing on litigious motions; discretionary
The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. Notice of hearing shall be addressed to all parties concerned and shall specify date and time of hearing. (Sec. 6, Rule 15, ROC, as amended)
Non-Litigious Motions include:
Non-litigious motions include:
- Motion for the issuance of an alias summons;
- Motion for extension to file answer;
- Motion for postponement;
- Motion for the issuance of a writ of execution;
- Motion for the issuance of an alias writ of execution;
- Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
- Other similar motions. (Ibid)
What are the Prohibited Motions:
- Motion to dismiss
XPNs (Grounds):
a. That the court has no jurisdiction over the subject matter of the claim;
b. That there is another action pending between the same parties for the same cause; and
c. That the cause of action is barred by a prior judgment or by the statute of limitations;
- Motion to hear affirmative defenses
REASON: The court shall motu proprio resolve the affirmative defenses within 30 calendar days from the filing of the answer. (Sec. 12(b), Rule 8, ROC, as amended);
- Motion for reconsideration of the court’s action on the affirmative defenses NOTE: Affirmative defenses, if denied, shall not be the subject of a motion for reconsideration or petition for certiorari, prohibition or mandamus, but may be among the matters to be raised on appeal after a judgment on the merits. (Sec. 12(e), Rule 8, ROC, as amended);
- Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;
- Motion for extension of time to file pleadings, affidavits or any other papers;
XPN: A motion for extension to file an answer as provided by Sec. 11, Rule 11; and
(Section 11. Extension of time to file an answer. - A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only allowed to file one (1) motion for extension of time to file an answer.)
6. Motion for postponement intended for delay;
XPN: If it is based on: a. Acts of God b. Force Majeure; or c. Physical inability of the witness to appear and testify
