Motions vs. pleadings | Motions (RULE 15) | CIVIL PROCEDURE

Below is a comprehensive discussion on the distinction between motions and pleadings under Philippine civil procedure, particularly under the 2019 Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC) and relevant jurisprudence. This presentation aims to be as thorough and meticulous as possible, focusing on Rule 15 (Motions) in relation to Rule 6 (Kinds of Pleadings) and other pertinent rules and principles.

I. OVERVIEW

A. Definition of Pleadings

  1. Rule 6 of the Rules of Court defines pleadings as the written statements of the respective claims and defenses of the parties submitted to the court for trial and judgment.
  2. The purpose of pleadings is to enable the court to know and understand the issues in a case and to help ensure that the parties are put on notice of the claims and defenses being raised.
  3. Kinds of Pleadings recognized by the Rules (Rule 6, as amended):
    • Complaint: initiates a civil action (the plaintiff’s claim for relief).
    • Counterclaim: any claim which a defending party may have against an opposing party.
    • Cross-claim: a claim by one party against a co-party arising out of the same transaction or occurrence.
    • Third (fourth, etc.)-party complaint: a claim by a defendant against a person not a party to the action.
    • Answer: a pleading in which a defending party sets forth defenses or admits/denies allegations of the adverse party’s pleading.
    • Reply: a pleading filed by the plaintiff or other claimant in response to new matters alleged in the defendant’s answer that were not previously put in issue by the allegations of the complaint.

B. Definition of Motions

  1. Rule 15 of the Rules of Court governs motions. A motion is an application for relief other than by a pleading.
  2. Unlike pleadings which assert claims/defenses, motions are procedural devices used to request the court to rule or act on certain issues incidental to the main case.
  3. Common examples of motions include:
    • Motion to Dismiss
    • Motion for Extension of Time to File Pleading (though limited by the rules)
    • Motion for Bill of Particulars
    • Motion for Summary Judgment
    • Motion for Reconsideration
    • Motion for Execution Pending Appeal
    • Motion for Postponement
    • Motion to Declare Defendant in Default
    • Other interlocutory reliefs or orders

II. DISTINCTIONS BETWEEN PLEADINGS AND MOTIONS

  1. Purpose and Function

    • Pleadings: Articulate the legal and factual claims or defenses, shaping the ultimate controversy to be decided by the court.
    • Motions: Request a specific judicial relief or ruling on a procedural aspect (or sometimes on a substantive incident) during the pendency of a case but do not themselves frame the primary claims or defenses.

  2. Form and Substance

    • Pleadings (Rule 7 requirements): Must contain (a) the name of the court, (b) title of the action, (c) docket number (when assigned), (d) designation of the pleading, (e) statement of the cause of action or defense, and (f) relief prayed for. They follow the basic content requirements under Rules 6, 7, and 8.
    • Motions (Rule 15 requirements): Must be in writing (except for those made in open court or in the course of a hearing or trial), specify the grounds, and set forth the relief sought. They must conform to the formal requirements under the Rules, including notice of hearing (with certain exceptions under the 2019 amendments).

  3. Timing

    • Pleadings: Filed at specific stages of the proceedings (e.g., complaint initiates the action, answer must be filed within a certain period from receipt of summons/complaint, reply must be filed within a given period from receipt of answer, etc.).
    • Motions: May be filed at any appropriate time while the case is pending, depending on the nature of the relief being sought (e.g., before judgment, after judgment, or even pending appeal in certain instances).

  4. Effect on the Proceedings

    • Pleadings: Define the issues, theories, and basis for the relief sought; once pleadings are complete, the case can be set for pre-trial, trial, or other proceedings leading to final judgment on the merits.
    • Motions: Incidental matters; they can suspend, expedite, or otherwise affect the progress of the litigation but do not typically resolve the main dispute (unless it is, for example, a motion for summary judgment or motion to dismiss).

  5. Amendments

    • Pleadings: Amended pleadings are governed by Rule 10 (Amended and Supplemental Pleadings). A party may amend a pleading once as a matter of right before a responsive pleading is filed, and thereafter only with leave of court or consent of the adverse party.
    • Motions: Generally not “amended” in the same sense as pleadings. If a motion is defective or lacking, one may file a supplemental or new motion, subject to time constraints, notice, and hearing requirements.

  6. Caption or Title

    • Pleadings: Usually entitled “Complaint,” “Answer,” “Reply,” “Counterclaim,” “Third-Party Complaint,” etc., specifically indicating their nature under Rule 6.
    • Motions: Entitled “Motion to [state relief],” e.g., “Motion to Dismiss,” “Motion for Bill of Particulars,” etc.

  7. Grounds and Allegations

    • Pleadings: Must contain statements of ultimate facts, not evidentiary facts, along with prayer for relief.
    • Motions: Contain specific grounds (factual or legal) as the basis for the relief sought but do not, in themselves, serve as the primary vehicle for stating claims or defenses.

III. RULE 15: MOTIONS (SALIENT POINTS)

Although the primary focus is distinguishing motions from pleadings, it is essential to outline important points about motions under Rule 15:

  1. Definition and Nature

    • A motion is an application for relief, other than by a pleading, made either in open court or in writing.

  2. Form of Motions

    • Must generally be in writing (Rule 15, Section 2). Verbal motions in open court or during a hearing are recognized but must be immediately resolved or noted in the record by the court.

  3. Contents of a Written Motion (Rule 15, Section 3)

    • (a) The relief prayed for and the grounds on which it is based;
    • (b) If the motion is set for hearing, the time and place of the hearing;
    • (c) An explanation of why service was not done personally (if resort to other modes of service is used).

  4. Notice of Hearing and Service

    • Under the 2019 Amendments, some motions no longer require a hearing (e.g., non-litigious motions), but must still be served upon the parties and, in certain cases, the office of the prosecutor or other relevant offices.
    • Litigious motions (e.g., motion to dismiss, motion for new trial, motion for reconsideration) generally require proof of service to adverse parties and an opportunity for them to oppose.

  5. Omissions of a Hearing

    • Certain motions are deemed “non-litigious” under the 2019 Amendments to Rule 15, such as motion for extension to file an answer, motion for postponement, and other similar motions that do not substantially affect the rights of the opposing party. These do not need a scheduled hearing but must still be served and must contain proof of service.

  6. Opposition to Motions

    • Under Rule 15, Section 8 (as amended), an adverse party may file a written opposition, containing the reasons why the motion should be denied or modified, accompanied by supporting affidavits or other relevant papers if necessary.

  7. Duty of the Movant to Set the Motion for Hearing (When Required)

    • For litigious motions, the movant must ensure that the motion is set for hearing. Failure to comply with the rules on notice and hearing generally renders the motion a mere scrap of paper.

  8. Pro Forma Motions

    • Motions which do not comply with the rules, or simply reiterate issues or arguments already resolved by the court without meritorious grounds, may be deemed pro forma and have no legal effect.

IV. LEGAL ETHICS AND PROFESSIONAL RESPONSIBILITY

  1. Candor and Good Faith

    • Whether drafting a pleading or a motion, lawyers are bound by the ethical duty of candor towards the court. Lawyers must not knowingly misrepresent facts or law.

  2. Avoid Dilatory or Frivolous Motions

    • Lawyers are prohibited from filing motions or pleadings that serve no purpose other than to delay proceedings or harass the opposing party. Rule 10.03 of the Code of Professional Responsibility enjoins lawyers from “doing or permitting to be done any act designed primarily to delay or impede the execution of a judgment or to obstruct the administration of justice.”

  3. Compliance with Formal Requirements

    • Failure to observe the rules on form, notice, and hearing may expose counsel to disciplinary sanctions (e.g., for contempt of court or for violating the canons of professional responsibility).

V. STRATEGIC CONSIDERATIONS IN PRACTICE

  1. When to File a Motion vs. When to File a Pleading

    • If seeking to assert a claim or defense that forms part of the main controversy, a party must file the appropriate pleading (complaint, answer, counterclaim, etc.).
    • If seeking an incidental court ruling (e.g., an extension of time, dismissal on preliminary grounds, correction of errors, interim reliefs), the party must file a motion under Rule 15.

  2. Motions That May Result in Final Disposition

    • Certain motions, though technically incidental, can lead to the termination of the action (e.g., motion to dismiss). In such cases, although the motion is still not a pleading, it has the capacity to produce a final or quasi-final resolution.

  3. Avoiding Redundant or Vexatious Filings

    • The Rules frown upon motions that are repetitive or aimed at revisiting issues that have already been resolved or that should have been raised in the main pleadings (e.g., failure to raise an affirmative defense in an answer cannot later be corrected by a motion without amending the pleading, unless under extraordinary circumstances).

  4. Observance of Deadlines

    • Pleadings have strict deadlines (e.g., 30 calendar days to file an answer to a complaint under the 2019 Amendments).
    • Motions also have to be filed within certain timeframes depending on the relief sought (e.g., a motion for reconsideration of a judgment must be filed within 15 days from receipt of judgment).

VI. ILLUSTRATIVE JURISPRUDENCE

  1. Soriano v. Bravo, 552 SCRA 342 (2008)

    • Reiterated the strict compliance with the rules on notice of hearing for litigious motions. A motion lacking the requisite notice is treated as a mere scrap of paper.

  2. Ortiz v. Court of Appeals, 299 SCRA 708 (1998)

    • Distinguished between pleadings and motions, emphasizing that motions do not constitute pleadings within the meaning of the Rules and cannot substitute for a required pleading.

  3. Alfelor v. Halasan, 604 Phil. 122 (2009)

    • Held that “pleadings” refer specifically to those enumerated in Rule 6. Applications or requests for an order from the court made outside the scope of these enumerations are motions.

  4. Arcelona v. Court of Appeals, 356 Phil. 345 (1998)

    • Emphasized the ethical standards expected of lawyers in filing motions and pleadings, underscoring that any attempt to misuse motions (e.g., to harass or delay) can be sanctioned.

VII. SUMMARY

  • Pleadings are the foundational documents containing parties’ claims and defenses (e.g., complaint, answer, counterclaim, cross-claim, reply). They outline the main dispute and frame the issues for trial and judgment.
  • Motions are written or oral applications for a court order that deal with incidental or procedural matters (or occasionally dispositive matters like a motion to dismiss). They are governed by Rule 15 and do not constitute pleadings.

Key points to remember:

  1. Primary Distinction: Pleadings set forth the cause of action or defenses, while motions seek incidental relief.
  2. Form and Service: Both must comply with specific formal requirements under the Rules; motions generally require notice, hearing (when litigious), and a concise statement of grounds.
  3. Timing: Pleadings are governed by strict deadlines (e.g., time to file an answer). Motions can be filed when procedurally ripe.
  4. Effect: Pleadings directly affect the issues for trial; motions address procedural or interim matters but can sometimes be dispositive (e.g., motions for summary judgment or to dismiss).
  5. Ethical Considerations: Counsel must file both pleadings and motions in good faith, without intent to delay or harass, and comply with formalities to avoid sanctions.

By understanding these distinctions and requirements, litigators ensure that each filing (whether a pleading or a motion) complies with the Rules of Court and advances the efficient and just resolution of every case.

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

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