Below is a focused yet comprehensive discussion of litigious motions under Rule 15 of the 2019 Amendments to the 1997 Rules of Civil Procedure in the Philippines (in force since May 1, 2020). The rules on motions were significantly reorganized and clarified under these amendments, particularly by distinguishing between litigious and non-litigious motions.

1. Concept of Motions

Definition of a Motion

A motion is an application for relief other than by a pleading. In civil proceedings, a motion is how a party asks the court to issue an order on a particular matter—ranging from dismissals and postponements to reconsiderations and other incidental remedies.

2. Classification of Motions Under the 2019 Amendments

The 2019 Revised Rules of Civil Procedure adopted a two-fold classification:

Non-Litigious Motions (Rule 15, Section 4)
Litigious Motions (Rule 15, Sections 5 and 6)

A motion not expressly identified as non-litigious under Section 4 is considered litigious under the new rules, and is therefore subject to stricter requirements such as a notice of hearing and an opportunity to be heard.

3. Non-Litigious vs. Litigious Motions at a Glance

Non-Litigious Motions (Rule 15, Section 4)

Examples include:

Motion for issuance of an alias summons
Motion for extension to file an answer
Motion for postponement
Motion for the issuance of a writ of execution
Motion for the issuance of an alias writ of execution
Certain ex parte or urgent motions that the court may resolve without a hearing

Non-litigious motions do not require a hearing, and the court may act upon these motions without waiting for a comment or opposition from the other party (though in practice, courts may still require service and an opportunity to comment in some scenarios).

Litigious Motions (Rule 15, Section 5)

These comprise all motions that are not expressly categorized as non-litigious. They require:

A written motion stating the grounds and the relief sought
Notice of hearing (date and time) to all parties
Proof of service
An opportunity for the opposing party(ies) to file a comment or opposition

Common examples of litigious motions include:

Motion to dismiss (except those filed in lieu of an answer under Rule 6, which has special considerations)
Motion for reconsideration
Motion for new trial
Motion for judgment on the pleadings
Motion for summary judgment
Motion for execution pending appeal
Motion to declare defendant in default (if not resolved ex parte)
Motion to quash service of summons
Other motions that involve contentious issues and require parties’ positions to be heard

4. Formal Requirements of Litigious Motions

Litigious motions have more stringent formal and procedural requisites, as follows:

Form and Contents
- Must be in writing.
- Must state the relief sought, specifically indicating the order or ruling requested from the court.
- Must state with particularity the grounds on which the motion is based. Mere general averments are discouraged.
Notice of Hearing
- The motion must contain a notice of hearing, setting the time, date, and place of the hearing on the motion.
- This notice is directed to all parties concerned, specifying that they may file a written opposition and/or appear during the scheduled hearing to argue their side.
Proof of Service
- The movant must show that all adverse parties were duly served with a copy of the motion (and its annexes, if any) at least three (3) calendar days before the hearing, unless a different period is fixed by the rules or court order.
- Acceptable proof of service (e.g., registry receipt from registered mail, personal service receipt, or accredited courier proof) must accompany the motion.
Statement of Material Dates
- When relevant (e.g., for motions for reconsideration or new trial), the motion must indicate the date the party received the judgment or final order to establish timeliness.
Setting for Hearing / Calendar
- Under the 2019 amendments, courts are given more flexibility to decide whether to hold oral arguments on a motion or to require a comment/opposition.
- If the court determines that no hearing is necessary, it may resolve the motion based on the pleadings and submissions. However, the default rule is that litigious motions should be set for hearing to give all parties an opportunity to be heard, unless the court states otherwise.

5. Timeline and Procedure for Oppositions (Comments)

Time to Oppose
- Under Rule 15, Section 6, the opposing party must file a written opposition (comment) within a non-extendible period usually of five (5) calendar days from receipt of the motion, unless the court provides a different period.
- The comment must also be served on all parties, and proof of such service must be attached.
No Separate Hearing if Court So Decides
- Even if a motion is classified as litigious, the court may dispense with an actual hearing if it deems the motion can be resolved based on the written pleadings and documents submitted.
- Nevertheless, the burden is on the court to ensure that due process is satisfied (i.e., all parties have been given a reasonable opportunity to be heard through written submissions).
Effect of Failure to Oppose
- Generally, if a party fails to file a written opposition, the court may consider the motion as unopposed and proceed to resolve it. However, the court still exercises discretion to require further submissions or clarifications.

6. Examples of Litigious Motions and Key Points

Motion to Dismiss
- Proper grounds: lack of jurisdiction, improper venue, litis pendentia, failure to state a cause of action, etc.
- Must be raised in an omnibus motion (see Omnibus Motion Rule below) so that all possible grounds are consolidated.
Motion for Reconsideration
- Filed within the period to appeal or as provided in the rules (15 days from notice of judgment/order generally).
- Requires a full statement of reasons and/or arguments why the order or judgment is erroneous.
Motion for New Trial (Rule 37)
- Based on fraud, accident, mistake, excusable negligence (FAMEN), newly discovered evidence, or other grounds recognized by the rules.
- Must be accompanied by supporting affidavits or evidence to prove the alleged ground.
Motion for Summary Judgment (Rule 35)
- Seeks judgment without a full-blown trial on the basis that there is no genuine issue of material fact.
- The opposing party’s opposition must establish a triable factual dispute.
Motion for Execution Pending Appeal
- Parties must show good reasons for immediate execution despite pending appeal (e.g., urgency, potential loss or destruction of property).

7. Omnibus Motion Rule (Rule 15, Section 9)

Under the Omnibus Motion Rule, all available objections that are grounds for a motion attacking a pleading, order, or proceeding must be raised at the same time. Otherwise, they are deemed waived, except for:

Lack of jurisdiction over the subject matter
Litis pendentia
Res judicata
Prescription

Hence, if a party files a motion to dismiss but fails to include certain defenses (e.g., improper venue, failure to state a cause of action), that party may lose the chance to raise them later.

8. Pro-Forma Motions

A motion is considered pro-forma (and thus a mere scrap of paper that does not toll periods or merit judicial consideration) if:

It fails to comply with the essential formal and substantive requirements (e.g., no statement of grounds, no notice of hearing, no proof of service).
It merely reiterates issues or arguments previously passed upon without presenting new matters.

Pro-forma motions are not recognized by the court and will not interrupt the running of reglementary periods (for appeal, for filing responsive pleadings, etc.).

9. Practical Tips and Best Practices for Litigious Motions

Draft Clearly and Completely
- Ensure the motion is self-contained: clearly state material dates, grounds, legal bases, and the precise relief sought.
Comply Strictly with Notice and Service Requirements
- An otherwise meritorious motion may be denied outright if it lacks a proper notice of hearing or proof of service.
- Serve the motion within the time prescribed so the other side can file an opposition.
Set Realistic Hearing Dates
- The notice of hearing must allow for compliance with the 3-day notice rule (or as the court’s schedule allows).
- Coordinate with the branch clerk of court for available hearing dates to avoid conflicts.
Attach Supporting Documents
- Where appropriate, attach affidavits, documents, or other evidence (e.g., newly discovered evidence for a motion for new trial, or factual exhibits for a motion for summary judgment).
Avoid Piecemeal Objections
- Consolidate all available grounds/objections in an omnibus motion to avoid waiver of defenses (except those that cannot be waived).
Timely Oppositions
- If you are responding to a litigious motion, do not miss the 5-day window (or the court-imposed period). File a clear, concise, and sufficiently detailed opposition with any necessary supporting evidence.
Be Ready for Both Written Submissions and Possible Oral Argument
- Even if the court does not require oral argument, be prepared to submit clarifications in writing if needed.

10. Effect on Related Rules

Effect on Calendar Management
- Courts have greater control and discretion to expedite or streamline motion practice.
- Litigious motions cannot be left unresolved indefinitely; the rules emphasize quicker disposition and reduced docket congestion.
Coordination with the Court
- Always check the specific issuance or directive of the court because certain branches may have special guidelines on filing, hearing, and resolution of motions.
Interaction with Rules on Electronic Filing
- Under the e-filing or e-service guidelines (where applicable), compliance with notice and service requirements may be done electronically if so ordered. Ensure you follow the court’s electronic service rules precisely.

11. Summary of Key Points

Litigious motions require a higher level of formality: written motion, notice of hearing, proof of service, and compliance with timing rules for oppositions.
All motions not listed as “non-litigious” under Section 4 of Rule 15 are deemed litigious.
Failure to comply with formal requirements often results in denial of the motion or its treatment as a mere scrap of paper.
Oppositions must be filed within five (5) calendar days (or as set by the court), with proof of service.
Courts may dispense with oral argument if they determine the motion may be resolved based on the pleadings alone, but must ensure due process (i.e., notice and opportunity to be heard in writing).
The omnibus motion rule requires consolidation of all objections into one motion, on pain of waiver.
Pro-forma motions do not interrupt periods nor merit judicial consideration.

Final Note

Litigious motions are a critical part of Philippine civil procedure because they shape the interlocutory (incidental) orders of the court and can drastically alter the course of a case—whether by dismissal, amendment of judgment, or summary resolution of issues. Mastering the technical requirements and timelines is essential to avoid dismissals on procedural grounds and to effectively advocate for a client’s position.

Always keep abreast of any further Supreme Court issuances or local court guidelines, as procedural rules and administrative orders can vary or be updated, further refining how litigious motions are processed.