Motions (RULE 15) | CIVIL PROCEDURE

OVERVIEW OF RULE 15 (MOTIONS) OF THE 1997 RULES OF CIVIL PROCEDURE, AS AMENDED (PHILIPPINES)

Rule 15 of the Rules of Court governs the procedural requirements and substantive considerations for filing and resolving motions in Philippine civil proceedings. It has been updated by the 2019 Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC). Below is a comprehensive discussion, structured to cover the essential elements and nuances of Rule 15, with references to pertinent rules and jurisprudential guides.

1. DEFINITION AND NATURE OF A MOTION

  1. Definition

    • A motion is an application for relief other than by a pleading (Rule 15, Sec. 1).
    • It is a formal request submitted to the court for a specific order or ruling related to a pending action or proceeding.

  2. Characteristics

    • Motions must be in writing (with limited exceptions such as those made in open court or in the course of a hearing/trial).
    • A motion must be filed in accordance with the formal requirements set by the Rules, and failure to comply can lead to denial or outright rejection.

2. KINDS OF MOTIONS

A. Litigious (Contested) Motions

  • Litigious motions are those that require the parties to be heard and the court to conduct further proceedings (oral argument, submission of pleadings, etc.) before resolving them.

  • Examples:

    1. Motion to dismiss
    2. Motion for summary judgment
    3. Motion for new trial or reconsideration
    4. Motion for execution pending appeal
    5. Motion to declare defendant in default (in certain contexts)
    6. Motion to quash a writ of attachment or preliminary injunction

B. Non-Litigious (Ex Parte) Motions

  • Non-litigious motions do not ordinarily require a hearing because they do not adversely affect the rights of the other party. They may be resolved by the court summarily.

  • Examples:

    1. Motion for extension of time (provided it does not prejudice substantive rights)
    2. Motion for issuance of an alias summons
    3. Other motions that the court can act upon without hearing

Note: Even if a motion is generally considered non-litigious, the court may, in its discretion, require a hearing if it believes that the opposing party’s rights might be substantially affected or there is a need for clarification of issues.

3. FORM, CONTENTS, AND NOTICE REQUIREMENTS

A. Form of Motions

  1. Written Form

    • As a rule, motions must be in writing (Rule 15, Sec. 2).
    • Must contain a caption indicating the name of the court, the title of the case, the docket number, and the nature of the motion.

  2. Signature and Verification

    • Motions must be signed by the counsel or the party (if self-represented).
    • Verification is not generally required unless specifically required by law or rule (e.g., certain motions like a motion for replevin can require verification).

  3. Supporting Affidavits or Evidence

    • When a motion is based on facts not appearing on record, it should be supported by affidavits or relevant evidence (Rule 15, Sec. 7).

B. Contents of Motions

  1. Relief Sought

    • The motion must explicitly state the relief prayed for and the grounds on which it is based (Rule 15, Sec. 2).

  2. Notice of Hearing (Old Rule)

    • Prior to the 2019 Amendments, a movant was required to include a notice of hearing specifying the date and time when the motion would be heard.
    • Under the 2019 Amendments, the notice of hearing requirement has been clarified and in certain respects relaxed. The court will typically set the motion for hearing if needed, but the movant must still comply with service requirements so that all parties are aware of the motion and can respond.

  3. Proof of Service

    • There must be proof that the motion was served on all affected parties in a manner prescribed by the rules (Rule 15, Sec. 5).
    • Service can be done by personal service, registered mail, accredited courier, or electronic means (where applicable and authorized).

C. Notice and Hearing Requirements

  1. General Rule: Motions require notice to all parties and, if litigious, a hearing (Rule 15, Sec. 4).
  2. Exceptions (Ex Parte Motions): No need for a hearing when the motion is non-litigious or ex parte in nature and does not prejudice the rights of the adverse party.
  3. Periods for Filing Opposition:
    • The opposing party typically has 5 days from receipt of the motion to file an opposition or comment, unless the court gives a different period.
    • The court may resolve the motion upon the expiration of the given period, with or without a hearing, depending on whether the motion is litigious or not.

4. SETTING FOR HEARING

  1. Who Sets the Hearing?

    • Under the 2019 Amendments, after the motion is filed and served, the court may set it for hearing if it deems it necessary.
    • The previous rule (pre-2019) mandated that every written motion (except ex parte) must contain a notice of hearing specifying the date and time.
    • The 2019 revisions shifted part of the burden to the court to determine whether to schedule a hearing or to consider the motion upon the pleadings and submissions alone.

  2. Consequences of Failure to Properly Notify

    • A motion that fails to comply with notice requirements may be denied outright or disregarded for violating due process requirements.

5. PROHIBITED MOTIONS

Certain motions are prohibited under the Rules, either in general or at specific stages of the proceedings. Some are listed in Rule 15, while others may be indicated in complementary rules. By way of example:

  • Motion to Dismiss (Rule 16) is generally prohibited in summary procedure and small claims cases.
  • Dilatory Motions in other procedural contexts may also be disallowed (e.g., multiple motions for reconsideration).

Ensure familiarity with the particular rule or issuance governing the specific proceeding (e.g., regular procedure under Rule 6-71, summary procedure, small claims, etc.) to confirm if the motion is allowed or prohibited.

6. OMNIBUS MOTION RULE

  1. Concept

    • The Omnibus Motion Rule (Rule 15, Sec. 8) mandates that a motion attacking a pleading, judgment, or proceeding must include all objections available at the time of filing.
    • All objections not included shall be deemed waived, except for lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.

  2. Implication

    • A party cannot file successive motions raising issues or grounds that could have been raised in a prior motion.
    • Avoids piecemeal or repetitive motions that hamper speedy disposition of cases.

7. HEARING OF MOTIONS

  1. Duty of the Court

    • The court decides whether a hearing is necessary based on the nature of the motion and the submissions of the parties.
    • If the motion is litigious, the court typically gives the opposing party time to file opposition and may set the motion for oral argument if further clarification is needed.

  2. Summary Resolution

    • For certain motions that can be resolved on the basis of the pleadings, affidavits, or documentary evidence, the court may rule without oral argument.
    • This allows expeditious resolution of motions and is consistent with the principle of speedy justice.

8. PERIODS TO RESOLVE MOTIONS

  • Courts are expected to resolve litigious motions within 15 days from receipt of the opposition or expiration of the period to file such opposition.
  • Non-litigious motions should be resolved immediately upon their filing and completion of the required documents (unless the court orders otherwise).

This is in line with existing jurisprudence and administrative circulars that direct judges to dispose of pending motions promptly to avoid delays.

9. REMEDIES AGAINST DENIAL/GRANT OF MOTIONS

  1. Motion for Reconsideration

    • A remedy to seek correction of errors of judgment or procedural irregularities.
    • Must be filed within the reglementary period (15 days from notice of the order, unless otherwise provided by the Rules).

  2. Appeal

    • If the court’s order resolving a motion is final in nature (e.g., dismissal of the case), the aggrieved party may elevate the matter on appeal, subject to the applicable modes of appeal.

  3. Petition for Certiorari under Rule 65

    • If there is grave abuse of discretion amounting to lack or excess of jurisdiction in the denial or grant of a motion, the aggrieved party may file a special civil action for certiorari.
    • Must show that there is no plain, speedy, and adequate remedy in the ordinary course of law.

10. LEGAL ETHICS CONSIDERATIONS IN MOTIONS PRACTICE

  1. Candor and Honesty

    • Counsel must observe candor, good faith, and fairness in drafting motions. Misrepresentation or any attempt to mislead the court violates the lawyer’s oath.

  2. Avoidance of Dilatory Tactics

    • Frivolous or repetitive motions meant to delay proceedings constitute unethical conduct and may subject the lawyer to disciplinary sanctions.

  3. Compliance with Court Directives

    • Lawyers are duty-bound to follow the Rules of Court, especially regarding service requirements, time periods, and orders of the court on scheduling and hearings.

  4. Respect for the Rights of Other Parties

    • Proper notice ensures due process for all parties concerned. Failure to notify adversely affected parties can lead to denial of motions, reversal on appeal, or other disciplinary measures against counsel.

  5. Duty to the Client

    • Lawyers must file motions that are legally tenable and beneficial to the client’s cause, without crossing ethical boundaries or delaying justice.

11. PRACTICAL TIPS AND BEST PRACTICES

  1. Check for Prohibited Motions

    • Before drafting, verify if the motion is allowed under the Rules for the specific type of proceeding.

  2. Combine All Grounds

    • Remember the Omnibus Motion Rule. Include all relevant grounds in a single motion to avoid waiver.

  3. Attach Necessary Supporting Documents

    • Affidavits, certifications, or other evidence strengthen the motion and facilitate summary resolution.

  4. Observe the Proper Form and Service Requirements

    • Double-check the formal requirements (caption, signature, proof of service) and serve copies on all parties promptly.

  5. Be Mindful of Deadlines

    • File motions and oppositions within the periods allowed by the Rules or by court order. Late or noncompliant motions may be denied outright.

  6. Draft Clear and Concise Motions

    • Present your arguments methodically, referencing applicable rules or jurisprudence.
    • Courts appreciate clarity and brevity, which can help secure a favorable resolution.

  7. Attend Any Court-Set Hearings

    • If the court schedules a hearing, ensure personal or counsel’s appearance. Failure to appear can be deemed waiver of the motion or can result in denial.

  8. Stay Updated on Amendments and Issuances

    • The Rules can be subject to further amendments. Keep track of Supreme Court circulars and administrative matters that may affect motions practice.

12. SAMPLE FORM: BASIC MOTION (ILLUSTRATIVE TEMPLATE)

Below is a generic template for a basic motion. Adapt it to the specific relief sought, ensuring compliance with Rule 15 requirements.

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Branch Number], [City/Province]

[CASE TITLE]
[Case Number]

MOTION FOR [State the Nature of Relief]

[Name of Movant], by counsel, respectfully states:

1. That [briefly state the facts relevant to the motion].
2. That [state the legal grounds or rules supporting the motion].
3. That [explain why the relief is necessary and justified].

PRAYER
     WHEREFORE, premises considered, it is respectfully prayed that this Honorable Court [specify the relief or order requested].

     Other reliefs just and equitable under the premises are likewise prayed for.

[Date and Place]

COUNSEL FOR MOVANT
(Signature over printed name)
[Law Firm Name / Address]
[Roll Number / IBP Number / PTR Number / MCLE Compliance Number]
[Contact Information]

Copy furnished:
[Name and address of Opposing Counsel/Parties]

EXPLANATION (if not personally served)
Pursuant to Rule 13, Sec. 11 of the Rules of Court, copy of this motion is served by [registered mail/courier/e-mail] due to [state reason].

[Signature]

Note: Always customize the content (especially facts and grounds) to match your specific case and check if any additional verification or certification requirements apply.

CONCLUSION

Rule 15 of the 1997 Rules of Civil Procedure (as amended) is a crucial part of Philippine remedial law because proper motions practice significantly impacts the pace and outcome of litigation. By meticulously observing formal requirements, ethical standards, and strategic considerations, lawyers can effectively use motions to advance their clients’ interests while contributing to the fair and efficient administration of justice.

The key points to remember are:

  1. Know whether a motion is litigious or non-litigious.
  2. Follow form and content requirements, including proof of service.
  3. Comply with the Omnibus Motion Rule.
  4. Be mindful of timeframes and possible sanctions for delay or frivolous filings.
  5. Adhere strictly to legal ethics to maintain the integrity of the judicial process.

In doing so, legal practitioners uphold their sworn duty to the courts, their clients, and society at large.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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