Motions RULE 15

Dismissal with prejudice | Motions (RULE 15) | CIVIL PROCEDURE

DISMISSAL WITH PREJUDICE UNDER THE PHILIPPINE RULES OF CIVIL PROCEDURE
(With references to Rule 15 on Motions, Rule 17 on Dismissal of Actions, and relevant principles in Remedial Law, Legal Ethics, and Legal Forms)

1. CONCEPT AND LEGAL SIGNIFICANCE

  1. Definition

    • A “dismissal with prejudice” is a termination of an action that bars the refiling of the same claim or cause of action in the future. It operates as an adjudication on the merits, making it final and immediately appealable (unless some post-judgment remedies apply).

  2. Key Effect

    • Res Judicata (Claim Preclusion): Once a case is dismissed with prejudice, the same parties cannot relitigate the same cause of action or issue. The judgment of dismissal is deemed to conclusively settle the controversy.

  3. Rule 15 (Motions) Intersection

    • While the principal provisions on dismissal of actions can be found in Rule 17, the filing of a “Motion to Dismiss” is governed by Rule 15 (as to form, contents, and schedule of hearing).
    • Under the 2019 Amendments to the Rules of Civil Procedure, most defenses (including those formerly raised in a motion to dismiss) are now included in an Answer as affirmative or negative defenses. However, a motion to dismiss remains permissible under certain exceptional grounds (e.g., lack of jurisdiction, litis pendentia, res judicata, prescription, unenforceable claim, failure to state a cause of action, etc.). If the court grants such a motion with prejudice, the effect is that the suit is finally ended on the merits.

2. LEGAL BASES IN THE RULES OF COURT

  1. Rule 17 – Dismissal of Actions
    Although our classification references “Motions (Rule 15) > 6. Dismissal with prejudice,” the substantive rules on dismissal (including when it is deemed “with prejudice”) are found in Rule 17 of the Rules of Court:

    • Section 1: Voluntary Dismissal by the Plaintiff Through a Notice

      1. A plaintiff may dismiss his/her complaint as a matter of right by filing a Notice of Dismissal before the adverse party serves an Answer or a Motion for Summary Judgment.
      2. Such voluntary dismissal is ordinarily without prejudice, except when otherwise specified or when the plaintiff has previously dismissed the same claim in a prior case.
      3. If the same claim is voluntarily dismissed by the plaintiff more than once, the second dismissal generally operates as an adjudication on the merits and is thus with prejudice to its refiling.

    • Section 2: Voluntary Dismissal by Motion of the Plaintiff

      1. Once an Answer or a Motion for Summary Judgment has already been served, voluntary dismissal is no longer a matter of right but requires leave of court via a motion.
      2. The court’s order granting or denying dismissal is discretionary.
      3. Typically, a court order granting dismissal at this stage states whether it is with or without prejudice. If silent, the default presumption may be without prejudice—unless there is a clear showing that the dismissal is meant to bar refiling (e.g., a repeated dismissal or other compelling reason).

    • Section 3: Involuntary Dismissal

      1. A dismissal on certain grounds—such as failure to prosecute, failure to comply with the Rules or court orders, or non-appearance at trial—may result in dismissal with prejudice, unless the court specifically provides otherwise.
      2. This rule is meant to curb dilatory tactics and imposes a final bar when the plaintiff has manifested a lack of interest in prosecuting the case or has engaged in repeated procedural failures.

  2. Grounds Commonly Resulting in a Dismissal with Prejudice

    • Res Judicata (there is a prior judgment on the merits by a court of competent jurisdiction).
    • Prescription (action filed beyond the statutory period).
    • Litis Pendentia (the same action is pending between the same parties and for the same cause).
    • Failure to Prosecute the action for an unreasonable period (involuntary dismissal).
    • Repeated Dismissals (for instance, two voluntary dismissals of the same claim).
    • Failure to Appear during trial without justifiable reason (involuntary dismissal).
    • Failure to Comply with lawful orders of the court.
    • Motion to Dismiss Granted on the Merits (e.g., if the court rules definitively that the plaintiff has no cause of action and cannot amend).

3. DISTINCTION: DISMISSAL WITH PREJUDICE VS. DISMISSAL WITHOUT PREJUDICE

  1. With Prejudice

    • Effect: Operates as a final judgment on the merits; bars refiling of the same cause of action.
    • Remedy: The losing party’s recourse is to appeal, file a motion for reconsideration, or pursue other post-judgment remedies under the Rules (e.g., new trial, if available).

  2. Without Prejudice

    • Effect: Terminates the action but does not bar a subsequent suit on the same claim.
    • Remedy: The plaintiff may re-file the case in the same or another proper venue or court, subject to compliance with prescriptive periods and other procedural requisites.

4. PROCEDURAL CONSIDERATIONS UNDER RULE 15 (MOTIONS)

  1. Form and Contents of the Motion

    • Must state the ground(s) with particularity.
    • Must comply with the three-pronged notice requirement under the 2019 amendments (i.e., notice of hearing or notice of submission without hearing if allowed, proof of service, and compliance with mandatory periods).

  2. Hearing and Submission

    • Generally, a hearing is required unless the Rules or the court permit a submission without hearing (e.g., pure questions of law).
    • Parties are given the opportunity to comment or oppose the motion.

  3. Court’s Discretion

    • The court may either grant or deny the motion, and if it grants the motion, it has the power to declare whether the dismissal is “with” or “without prejudice.”
    • If the court fails to explicitly state “without prejudice,” and the circumstances clearly fit the criteria for a final adjudication (e.g., repeated voluntary dismissals, issues of res judicata), courts often construe it as a dismissal with prejudice.

  4. Omnibus Motion Rule

    • A party must raise all available objections in a single motion; otherwise, such defenses (except those that are not barred like lack of jurisdiction) are deemed waived.
    • If the ground for dismissal inevitably leads to a final disposition of the claim (e.g., prescription, res judicata), any grant of the motion effectively results in a dismissal with prejudice.

5. EXAMPLES AND SCENARIOS

  1. Repeated Voluntary Dismissals

    • Plaintiff files a notice of dismissal after the defendant serves an Answer; the court allows it. Later, plaintiff refiles the same claim and again files a motion to dismiss voluntarily. This second voluntary dismissal—if granted—would typically be with prejudice. The rule prevents plaintiffs from repeatedly filing and dismissing actions to harass the defendant or to circumvent the rules.

  2. Failure to Prosecute

    • The plaintiff has shown total indifference by missing multiple hearings and ignoring court orders. The defendant files a motion to dismiss the case for failure to prosecute. If granted, the dismissal is often deemed with prejudice. This penalizes the plaintiff for neglect and avoids undue prolongation of litigation.

  3. Grounds That Operate as a Final Bar

    • A defendant moves to dismiss on the ground of res judicata. If the court finds that there was indeed a prior final judgment on the same claim, it must dismiss the action with prejudice.
    • A defendant moves to dismiss on the ground of prescription. If clearly established that the claim is time-barred, the dismissal is inevitably with prejudice.

  4. Failure to State a Cause of Action vs. “Cannot State a Cause of Action”

    • If a motion to dismiss based on failure to state a cause of action is granted but the defect is curable by amendment, courts typically dismiss without prejudice, allowing the plaintiff to amend or re-file.
    • If the court finds that amendment cannot possibly cure the defect (the claim is inherently flawed), dismissal effectively becomes with prejudice.

6. IMPLICATIONS FOR LEGAL ETHICS

  1. Duty of Counsel

    • Lawyers must competently advise clients about the consequences of seeking or assenting to a dismissal with prejudice (especially in voluntary dismissals).
    • Counsel has an obligation to avoid forum shopping or repeated frivolous filings. If counsel repeatedly dismisses actions and re-files the same claims, they risk ethical sanctions, as this can be considered dilatory or vexatious conduct.

  2. Avoiding Abuse of Process

    • The principle of fairness dictates that lawyers should not manipulate procedural rules (like repeated voluntary dismissals) to harass the opposing party. Courts can intervene and dismiss with prejudice if the pattern indicates abuse.

7. RELEVANT JURISPRUDENCE

  • Sps. Oñate v. Court of Appeals, G.R. No. 117596 (1997)
    Affirms that once a dismissal is declared “with prejudice,” it is a final disposition on the merits and bars re-litigation of the same cause of action.

  • Heirs of Maningding v. Court of Appeals, G.R. No. 108355 (1998)
    Emphasizes that a second voluntary dismissal can operate as an adjudication on the merits, thus barring a third filing.

  • Hyatt Industrial v. Asia Dynamic Electric, G.R. No. 176034 (2014)
    Discusses the effect of an involuntary dismissal based on a plaintiff’s lack of interest in pursuing the case—generally deemed with prejudice unless otherwise specified.

Although these cases refer to previous versions of the Rules, the core principles remain relevant under the 2019 amendments.

8. LEGAL FORMS AND SAMPLE CLAUSES

  1. Motion to Dismiss (With Prejudice) 

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
______________ JUDICIAL REGION
BRANCH ____ 
(City/Province)

[PLAINTIFF],
    Plaintiff,
-versus-                                 Civil Case No. ____

[DEFENDANT],
    Defendant.

x-----------------------------------------x

                MOTION TO DISMISS (WITH PREJUDICE)

DEFENDANT, through counsel, unto this Honorable Court, respectfully states:

1. That plaintiff’s cause of action is barred by prior judgment, specifically [state details of the previous final judgment].
2. Alternatively, the claim is clearly time-barred, having prescribed under [cite the applicable law/statute].
3. Consequently, the complaint fails to state a cause of action upon which relief can be granted because the cause is already extinguished by operation of law.

PRAYER
WHEREFORE, defendant respectfully prays that this Honorable Court DISMISS the complaint WITH PREJUDICE on the ground of [res judicata / prescription / other final bar].

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

(Date, Place)
Respectfully submitted,

(Signature of Counsel)
(Name of Counsel)
(Roll Number, IBP Number, PTR, MCLE Compliance, etc.)
Counsel for Defendant

  2. Order of Dismissal with Prejudice 

    REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
______________ JUDICIAL REGION
BRANCH ____ 
(City/Province)

[PLAINTIFF],
    Plaintiff,
-versus-                                 Civil Case No. ____

[DEFENDANT],
    Defendant.

x-----------------------------------------x

                      ORDER

This resolves the Motion to Dismiss filed by defendant on the ground of [res judicata/prescription/etc.].

After a careful evaluation of the records, the Court finds that:
1) A previous final judgment on the same cause of action was rendered in [Case No. ________].
2) The present complaint involves the same parties and subject matter, rendering it barred by res judicata.

WHEREFORE, the complaint is hereby DISMISSED WITH PREJUDICE. 

SO ORDERED.

(Date, Place)

(Signature of the Presiding Judge)
Presiding Judge

9. PRACTICAL TIPS AND CONCLUSION

  1. Thoroughly Assess Grounds

    • Before seeking dismissal with prejudice, verify if the ground truly bars the action (res judicata, prescription, repeated dismissals, etc.). Dismissal with prejudice is a potent tool but must be invoked responsibly.

  2. Clear Drafting

    • In your Motion to Dismiss, explicitly pray for dismissal with prejudice if that is your goal.
    • The court order should likewise explicitly state whether dismissal is with or without prejudice to avoid ambiguity.

  3. Client Counseling

    • If you represent the plaintiff, weigh carefully the decision to voluntarily dismiss your case once the Answer is served. The risk is that the court may order a dismissal with prejudice if it perceives repeated or abusive use of dismissals.
    • If you represent the defendant, highlight definitive bars (e.g., prescription, prior judgment) that necessitate a final dismissal and thereby spare your client further litigation costs.

  4. Finality

    • Dismissal with prejudice ends the case on the merits; the remedy of the aggrieved party (usually the plaintiff) is limited to an appeal, motion for reconsideration, or other post-judgment relief. This underscores the seriousness of the ruling.

In sum, dismissal with prejudice is a critical aspect of Philippine civil procedure, ensuring that cases are not perpetually recycled once a court has effectively ruled on the merits or where the grounds for dismissal permanently bar the action. Properly handling motions under Rule 15 and the substantive provisions of Rule 17 is essential for both plaintiffs and defendants, requiring precision, good faith, and full awareness of the rule’s res judicata effect.

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

Omnibus motion | Motions (RULE 15) | CIVIL PROCEDURE

OMNIBUS MOTION RULE UNDER PHILIPPINE CIVIL PROCEDURE (RULE 15, SECTION ON OMNIBUS MOTION)

I. OVERVIEW

The Omnibus Motion Rule is a cornerstone of Philippine Civil Procedure designed to streamline litigation and prevent piecemeal objections that waste judicial time. It is found under Rule 15 of the Rules of Court (as amended). The rule requires that when a party files a motion attacking a pleading, order, judgment, or proceeding, all available objections must be included in that single motion. Failure to include a particular objection will, as a general rule, result in a waiver of that objection.

The Omnibus Motion Rule is closely linked to the concept of fair play and judicial economy. It compels parties to raise all grounds or objections at the earliest opportunity, ensuring that the court can dispose of all pertinent issues together and avoid multiple motions that delay the proceedings.

II. LEGAL BASIS

  1. Text of the Omnibus Motion Rule

    Under the 2019 Amendments to the Rules of Civil Procedure, the omnibus motion rule is embodied in Section 9, Rule 15 (previously Section 8 under the 1997 Rules of Court). The general text states:

    “Subject to the provisions of Section 1, Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived.”

  2. Related Provisions

    • Rule 9, Section 1 (Defenses and Objections Not Pleaded): Provides for the defenses that may be waived if not raised at the earliest opportunity, and the exceptions to such waiver.
    • Rule 15 (Motions): Prescribes the form, contents, and manner of filing motions.
    • Rule 16 (Motion to Dismiss) under the old rules, now primarily addressed in Rule 8, Section 12 and Rule 9 of the 2019 Amendments: Details the grounds that a party must raise to dismiss a complaint.

III. RATIONALE AND PURPOSE

  1. Avoiding Piecemeal Litigation
    The principal purpose of the Omnibus Motion Rule is to prevent parties from raising objections in a staggered manner—filing multiple motions in succession, each raising a new ground. By consolidating all available objections in one motion, courts avoid repetitive hearings and the attendant delays.

  2. Ensuring Fairness and Efficiency

    • Fairness: The opposing party and the court can address all issues at once, eliminating surprises later on.
    • Judicial Efficiency: Consolidating objections minimizes motions that clog court dockets and prolong trials.

  3. Protecting Substantial Rights
    While the rule is strictly applied, it also acknowledges certain exceptions rooted in substantial justice—such as lack of jurisdiction and other matters that cannot be waived.

IV. SCOPE AND APPLICATION

  1. Attacks on Pleadings, Orders, Judgments, or Proceedings
    Any motion intended to challenge or question a pleading (e.g., a complaint, answer, reply), an interlocutory order, or a final judgment must raise all grounds at once. Examples include:

    • Motion to dismiss the complaint
    • Motion to quash a writ of execution
    • Motion for reconsideration of an interlocutory order
    • Motion attacking the court’s procedure or authority over the case

  2. All Objections “Then Available”

    • An objection is deemed “available” if, at the time of filing the motion, the party knew or should have known of the grounds.
    • These can include (among others) improper venue, lack of jurisdiction over the person, lack of legal capacity to sue, lack of cause of action, defect of parties, violation of a procedural rule, etc.
    • Grounds not included (though known or discoverable with reasonable diligence) are deemed waived.

  3. Timing

    • The omnibus motion typically arises before or during the filing of responsive pleadings (e.g., motion to dismiss attacking the complaint).
    • It can also apply to motions questioning interlocutory orders (e.g., attacking a denial of a motion for reconsideration or a special order).

V. EFFECT OF FAILURE TO INCLUDE ALL OBJECTIONS (WAIVER)

  1. General Rule: Waiver
    By explicit mandate of the Omnibus Motion Rule, any objection not raised in the attacking motion shall be deemed waived. This strict approach promotes the policy against multiple motions.

  2. Exceptions
    Despite the strong wording, certain objections cannot be waived under prevailing jurisprudence and rules. Specifically:

    • Lack of Jurisdiction over the Subject Matter
      A party can raise this defense at any stage of the proceedings, even on appeal, because jurisdiction over the subject matter is conferred by law and cannot be conferred by estoppel or waiver.
    • Litis Pendentia
      The defense of another action pending between the same parties for the same cause of action may be raised subsequently if not initially included.
    • Res Judicata
      Where the matter has been previously decided by a competent court, the principle of finality of judgment applies, and it can be raised at any stage if later discovered.
    • Prescription
      If the plaintiff’s claim is already time-barred, the defendant can raise it in an answer or at any stage, subject to certain jurisprudential nuances.

    Under older rules, other defenses such as failure to state a cause of action or unenforceability under the Statute of Frauds could also be raised subsequently (e.g., in a motion for judgment on the pleadings or at the trial on the merits). However, under the 2019 Revised Rules, these must now generally be pleaded as affirmative defenses in the answer (Rule 8, Section 12) or else they may be deemed waived, subject to the court’s discretion if truly jurisdictional or grounded on substantial justice.

  3. Jurisprudential Caveat
    Courts have emphasized that the rule against waiver is not absolute if a party is shown to have intentionally or negligently failed to raise the defense. Where there is estoppel or a compelling reason not to apply the exception, the court may still consider the defense waived.

VI. RELEVANT JURISPRUDENCE

  1. Sarmiento v. Court of Appeals
    Reiterated that litigants must invoke all available defenses or objections in a single motion; otherwise, such defenses are barred by waiver.

  2. Manalili v. Court of Appeals
    Emphasized that the omnibus motion rule applies to all motions attacking an adverse party’s pleading; the rule aims to avoid repeated delays caused by multiple motions.

  3. Soy Chun v. Mencias
    Clarified the scope of exceptions, particularly lack of jurisdiction over the subject matter. The Court reiterated that such a defect can be raised at any time.

  4. Republic v. Sandiganbayan
    Warned that while jurisdiction over the subject matter is never waived, the rule’s purpose is to ensure that all other defenses, especially those that are not jurisdictional, must be raised in a timely manner.

VII. PRACTICAL GUIDELINES AND STRATEGY

  1. Before Filing Any Motion

    • Thoroughly review the pleadings or orders you plan to attack.
    • Conduct a comprehensive legal and factual assessment to identify every viable defense or objection.
    • If there are multiple grounds, consolidate them in one motion.

  2. Drafting the Omnibus Motion

    • Clearly label the pleading as an “Omnibus Motion” (though not mandatory, clarity helps).
    • Enumerate all grounds distinctly.
    • Cite applicable legal provisions and jurisprudence for each ground.
    • Attach supporting affidavits or documentary evidence if needed or if the rules require.

  3. Filing and Service

    • Abide by the relevant timelines under the Rules.
    • Ensure proper service on all parties and compliance with e-filing or electronic service requirements (if applicable).

  4. Responding to an Omnibus Motion

    • A party opposing an omnibus motion must timely file a written opposition.
    • Address all grounds the movant has raised; failure to oppose a ground might be interpreted as a concession of that point.

  5. Avoiding Waiver and Preserving Defenses

    • Even if you suspect that your defense may be “unwaivable” (e.g., lack of jurisdiction over subject matter), it is prudent to assert it as early as possible.
    • When in doubt, err on the side of inclusion—raise all possible objections in the motion.

VIII. IMPLICATIONS FOR LEGAL ETHICS

  1. Duty of Candor and Diligence
    Lawyers must exercise due diligence in identifying all available grounds for their client’s motion. Failure to do so may not only prejudice the client (through waiver) but also reflect adversely on the lawyer’s competence.

  2. Avoiding Vexatious Litigation
    The Code of Professional Responsibility obliges lawyers to avoid dilatory tactics. Filing multiple motions on grounds that could have been consolidated violates the spirit (and letter) of the rule and may subject counsel to sanctions for improper conduct or forum shopping.

  3. Good Faith in Advocacy
    While zealous advocacy is the norm, attorneys must ensure that the grounds they include in an omnibus motion have legal or factual basis. Frivolous or groundless arguments may lead to the imposition of disciplinary measures, including fines or administrative penalties.

IX. SAMPLE BASIC FORM (ILLUSTRATIVE ONLY)

Below is a simplified template illustrating how one might structure an omnibus motion. Exact formatting and content will vary depending on the specific rules of the court, local practice guidelines, and the nature of the objections raised.

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Judicial Region, Branch No.]
[City/Municipality]

[Case Title]

x---------------------------------x

                 OMNIBUS MOTION 
  (To Dismiss the Complaint and/or Raise Other Available Objections)

Defendant, by counsel, respectfully states:

1. Introduction
   1.1. A brief history of the case and the procedural posture.

2. Grounds for Dismissal / Objections
   2.1. Lack of Jurisdiction over the Person of the Defendant.
   2.2. Improper Venue.
   2.3. Plaintiff’s Failure to State a Cause of Action. 
   2.4. Other defenses available under the rules.

3. Discussion
   3.1. Legal and factual basis for each objection.

4. Prayer
   WHEREFORE, premises considered, Defendant prays that the Honorable Court:
       4.1. Grant the Motion to Dismiss the Complaint; or
       4.2. In the alternative, grant the appropriate relief based on the objections raised; and
       4.3. Provide such other relief and remedies as may be just and equitable.

Respectfully submitted this __ day of _____ 20__ at [City].

[Signature]
[Name of Counsel]
[PTR No., IBP No., Roll No., MCLE Compliance]
[Address & Contact Details]

X. KEY TAKEAWAYS

  1. Consolidate, Consolidate, Consolidate
    Always raise all known or knowable defenses in a single motion.

  2. Know the Non-Waivable Defenses
    Lack of jurisdiction over the subject matter, res judicata, litis pendentia, and prescription remain unaffected by failure to invoke them in an omnibus motion (with nuances on how and when they can still be raised).

  3. Be Vigilant with Deadlines
    If a ground must be raised in a specific motion (e.g., a motion to dismiss prior to answer), follow the rule or risk total waiver.

  4. Maintain Ethical Standards
    Counsel must act promptly and honestly in identifying legitimate grounds; do not file multiple motions in bad faith or for delay.

FINAL WORD

The Omnibus Motion Rule is a pivotal procedural mechanism in Philippine civil litigation. Mastery of this rule ensures efficient case management, upholds fair play, and preserves the integrity of the judicial process. Lawyers who fail to raise all available objections in a single motion risk losing potentially meritorious defenses due to procedural waiver—underscoring the need for comprehensive and conscientious legal preparation.

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

Prohibited motions | Motions (RULE 15) | CIVIL PROCEDURE

Disclaimer: The following discussion is for general informational purposes only and does not constitute legal advice. It is based on the Rules of Court of the Philippines (particularly the 2019 Amendments to the 1997 Rules of Civil Procedure, which took effect on May 1, 2020) and relevant Supreme Court issuances. If you need advice regarding a specific legal issue, please consult a qualified Philippine attorney.

Prohibited Motions Under Rule 15 of the Rules of Court (2019 Amendments)

1. Overview

Under the 2019 Amendments to the 1997 Rules of Civil Procedure, the Supreme Court strengthened the policy against dilatory tactics by expressly enumerating motions that are prohibited. These prohibited motions, when filed, shall be denied outright by the court. This rule is embodied in Section 12, Rule 15 of the amended Rules of Court.

The objective is to streamline procedures, expedite the resolution of cases, and prevent parties from resorting to motions that needlessly delay proceedings. Understanding these prohibited motions and the rationale behind them is crucial for any litigant or lawyer.

2. Statutory Basis

  • Rule 15, Section 12 of the 2019 Amendments to the 1997 Rules of Civil Procedure (A.M. No. 19-10-20-SC).

Specifically, Section 12 reads as follows (paraphrased with references to relevant subdivisions):

Section 12. Prohibited Motions. The following motions shall not be allowed:

  1. Motion to dismiss the complaint, except on the following grounds:

    • (a) The court has no jurisdiction over the subject matter;
    • (b) There is another action pending between the same parties for the same cause (litis pendentia);
    • (c) The action is barred by a prior judgment (res judicata); or
    • (d) The action is barred by the statute of limitations (prescription).

  2. Motion to hear affirmative defenses.

  3. Motion for reconsideration of the court’s action on the affirmative defenses.

  4. Motion to suspend proceedings without a temporary restraining order (TRO) or injunction.

  5. Motion for extension of time to file pleadings, affidavits, or any other paper, except a motion for extension to file an Answer (the period of which cannot exceed thirty [30] calendar days).

  6. Other motions of similar nature intended for delay.

Below is an in-depth explanation of each prohibited motion.

3. Detailed Discussion of Each Prohibited Motion

3.1. Motion to Dismiss (Except on Specific Grounds)

General Rule

  • Under the previous rules, a party could file a motion to dismiss based on various grounds (e.g., improper venue, lack of jurisdiction over the person, failure to state a cause of action, etc.).
  • Under the 2019 Amendments, a motion to dismiss is generally prohibited to avoid piecemeal or dilatory tactics.

Exceptions: A motion to dismiss is allowed only if anchored on any of these four (4) specific grounds:

  1. Lack of jurisdiction over the subject matter
  2. Litis pendentia (there is another action pending between the same parties for the same cause)
  3. Res judicata (the action is barred by a prior judgment)
  4. Prescription (the action is barred by the statute of limitations)

Implication

  • If a defendant wants to challenge the complaint on other grounds (e.g., improper venue, failure to state a cause of action, or lack of capacity to sue), those unlisted grounds must be raised as affirmative defenses in the Answer, not via a motion to dismiss.
  • This shift forces defendants to file their Answer promptly and raise all possible defenses, preventing the delay associated with successive motions.

3.2. Motion to Hear Affirmative Defenses

  • The rules now require that affirmative defenses be resolved by the court within thirty (30) calendar days from the filing of the Answer (Rule 8, Section 12).
  • A separate motion to hear or set for hearing the affirmative defenses is expressly disallowed.
  • The rationale is to prevent unnecessary hearings and to expedite the process. The court motu proprio (on its own initiative) or upon the filing of the Answer will already determine whether the affirmative defenses have merit and resolve them.

3.3. Motion for Reconsideration of the Court’s Action on the Affirmative Defenses

  • After the court rules on the affirmative defenses (for instance, denies them), the losing party cannot file a motion for reconsideration of that ruling.
  • This prohibition aims to prevent the repetitive filing of motions that essentially rehearse the same arguments already resolved by the court.
  • Instead, the proper remedy to challenge an unfavorable ruling on affirmative defenses typically becomes part of the appellate review (if the final judgment is eventually rendered and appealed).
  • In some circumstances, the matter can also be raised in a Petition for Certiorari under Rule 65 if there is a claim of grave abuse of discretion amounting to lack or excess of jurisdiction—but the rule contemplates that interlocutory orders are generally not subject to appeal or reconsideration under ordinary procedures.

3.4. Motion to Suspend Proceedings without a TRO or Injunction

  • Under prior practice, parties might move to suspend proceedings on various grounds without necessarily securing a court order or injunction from the proper forum.
  • To avoid stalling the litigation, the amended rule prohibits a motion to suspend unless there is a temporary restraining order (TRO) or preliminary injunction issued by a higher court or competent tribunal that justifies the suspension of the proceedings.
  • Without that TRO or injunction, the trial court proceeds to hear and resolve the case.
  • This prevents undue delay when a party expects to obtain an injunction but never does.

3.5. Motion for Extension of Time to File Pleadings, Affidavits, or Other Papers (With Specific Exceptions)

  • Generally, motions for extension of time to file pleadings, affidavits, or other papers are prohibited.
  • Exception: The one specific extension that is allowed is an extension of time to file an Answer. Even then, the extension period cannot exceed thirty (30) calendar days.
  • This limitation forces parties to be more diligent in submitting their filings on time and avoids undue stretching of deadlines that compromise the speedy disposition of cases.

3.6. Other Motions Intended for Delay

  • The rule includes a catch-all prohibition against motions “of similar nature intended for delay.”
  • Courts are empowered to deny outright any motion that, even if not expressly listed, clearly appears to have no substantial purpose other than to delay the proceedings.
  • This grants the court ample discretion to curb procedural abuses.

4. Rationale and Policy Considerations

  1. Speedy Disposition of Cases

    • The 1987 Philippine Constitution and various Supreme Court circulars consistently emphasize the need for prompt resolution of cases. Prohibiting certain motions (especially repeated and unnecessary ones) helps achieve this goal.

  2. Discouragement of Dilatory Tactics

    • Parties sometimes file motions in bad faith to buy time or frustrate the opposing party. By categorically disallowing these motions, the Rules reduce the opportunities for delay.

  3. Judicial Efficiency

    • Courts are spared from having to receive, set for hearing, and resolve motions that are ultimately inconsequential or have already been addressed by existing procedures.

  4. Promotion of Fairness

    • Allowing a case to proceed swiftly and efficiently benefits both parties. Even the party who might appear to benefit from delay could later face negative consequences if the court imposes sanctions or the case drags on indefinitely.

5. Remedies When a Motion Is Prohibited

  • Outright Denial: A prohibited motion shall be denied outright by the court.
  • Inclusion in the Answer (for defenses): Grounds not allowed as a basis for a motion to dismiss must be included in the Answer as affirmative defenses.
  • Interlocutory Nature: If the court rules adversely on these matters, the recourse is typically to proceed with the case and raise the issue on appeal from the final judgment, unless there is a clear ground for extraordinary relief (e.g., certiorari under Rule 65 for grave abuse of discretion).
  • Court Discretion: If a party files a prohibited motion, the court may, upon motion of the opposing party or motu proprio, impose sanctions if it is shown that the filing was frivolous or dilatory.

6. Practical Implications for Litigants and Lawyers

  1. Draft a Comprehensive Answer:

    • Since almost all grounds for dismissal—except the four specifically listed—must now be pleaded as affirmative defenses, it is imperative to file an Answer that addresses all possible defenses thoroughly.

  2. Avoid Piecemeal Litigation Strategies:

    • Attorneys should resist the urge to file multiple motions that the court will reject outright, as this not only delays the proceedings (which may result in sanction) but also can damage the credibility of counsel in the eyes of the court.

  3. Timely Compliance:

    • Courts are much stricter about deadlines. Except for a one-time extension for filing an Answer (not exceeding 30 days), parties should plan filings meticulously to avoid missing cutoffs.

  4. Anticipate Court’s Summary Rulings on Affirmative Defenses:

    • Because the court resolves affirmative defenses within 30 days from the filing of the Answer, counsel must be prepared to marshal evidence and arguments promptly.
    • There is no second chance via a motion for reconsideration on the court’s resolution of these defenses.

  5. Coordinate with Appellate or Higher Courts for Injunctive Relief:

    • If a party truly needs to suspend the lower court proceedings, it must secure a TRO or injunction from the appropriate forum. Simply filing a motion to suspend in the trial court without such order is now expressly prohibited.

7. Illustrative Jurisprudence and Guidelines

While the 2019 Amendments are relatively recent, the Supreme Court has consistently upheld the principle that prohibited motions must be denied outright (e.g., Marinas v. People, G.R. No. 231608 [2020]; Heirs of Villanueva v. Heirs of Mendoza, G.R. No. 232820 [2021], applying principles consistent with the new rules). Courts emphasize the swift and efficient administration of justice and have repeatedly reiterated that:

  • Technicalities must not prevail over substantive rights, but
  • Litigants must abide by procedural rules designed to expedite proceedings and avoid delay.

Any motion or pleading filed primarily for vexation, delay, or harassing purposes may subject the counsel or party to administrative and disciplinary action under both the Rules of Court and the Code of Professional Responsibility.

Conclusion

Prohibited motions under Rule 15, Section 12 of the 2019 Amendments to the 1997 Rules of Civil Procedure reflect the Supreme Court’s determination to streamline court processes and curb dilatory tactics. By disallowing motions to dismiss on grounds other than the four listed, motions to hear affirmative defenses, motions for reconsideration of affirmative defense rulings, and other enumerated or similar motions, the Rules ensure that cases move forward more promptly.

For litigants and counsel, the key takeaway is to be fully prepared to present all possible defenses in the Answer, to avoid motions that the Rules clearly prohibit, and to observe deadlines meticulously. Any deviation from these guidelines risks outright denial of the motion, possible sanctions, and unnecessary delays that undermine the very purpose of the remedial rules.

Disclaimer Reminder: This discussion is not a substitute for personalized legal advice. For specific concerns, consult with a licensed Philippine lawyer or your legal counsel to ensure compliance with the current rules and jurisprudence.

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

Litigious motions | Motions (RULE 15) | CIVIL PROCEDURE

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:

  1. Non-Litigious Motions (Rule 15, Section 4)
  2. 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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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)

  1. 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.

  2. 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).

  3. 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

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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

  1. Draft Clearly and Completely

    • Ensure the motion is self-contained: clearly state material dates, grounds, legal bases, and the precise relief sought.

  2. 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.

  3. 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.

  4. 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).

  5. Avoid Piecemeal Objections

    • Consolidate all available grounds/objections in an omnibus motion to avoid waiver of defenses (except those that cannot be waived).

  6. 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.

  7. 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

  1. 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.

  2. 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.

  3. 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.

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

Non-litigious motions | Motions (RULE 15) | CIVIL PROCEDURE

DISCLAIMER: The following discussion is provided for general informational purposes only and does not constitute legal advice. Consult a qualified Philippine attorney for advice tailored to your specific circumstances.

OVERVIEW: NON-LITIGIOUS MOTIONS UNDER RULE 15 OF THE PHILIPPINE RULES OF COURT

1. Introduction

Under the 2019 Revised Rules of Civil Procedure, Rule 15 provides the general framework on motions in Philippine civil actions. A motion is an application for relief other than by a pleading (Rule 15, Section 1). The 2019 revisions introduced the classification of motions into litigious and non-litigious, significantly changing how each type of motion must be filed, served, and heard (if at all).

Non-litigious motions are those that do not generally require a hearing and can often be resolved by the court based on the motion itself and any written oppositions or comments. By contrast, litigious motions ordinarily involve issues that affect substantial rights and necessitate hearing and argument before resolution.

Below is a meticulous discussion covering all key points regarding non-litigious motions under Rule 15.

2. Classification of Motions

The revised Rule 15 categorizes motions into:

  1. Litigious motions – Specifically enumerated in the Rules as requiring the opportunity for hearing and submission of opposition (e.g., motions to dismiss, motions for reconsideration, motions for new trial, demurrer to evidence, among others).
  2. Non-litigious motions – All other motions not expressly classified as “litigious,” or motions which typically address minor or routine matters and do not substantially affect the rights of the parties.

Common Examples of Non-Litigious Motions

  • Motion for extension of time to file a responsive pleading (where allowed).
  • Motion for postponement or continuance of hearings.
  • Motion for the issuance of an alias summons.
  • Motion for leave to amend a pleading (unless such amendment substantially affects substantive rights).
  • Motion to set a case for pre-trial (if not automatically set by the court).
  • Motion for correction of clerical errors in judgments or orders.

If a motion is not enumerated in the Rules as litigious, it is generally considered non-litigious.

3. Purpose and Rationale

Non-litigious motions typically deal with housekeeping or procedural requests that do not trigger the need for a hearing. The rationale behind dispensing with a formal hearing is to promote efficiency and speed in resolving matters that do not hinge on substantial rights. Courts can act on these motions ex parte or after a summary opposition/comment period.

4. Key Provisions and Requirements for Non-Litigious Motions

While the Rules of Court focus more explicitly on litigious motions (because of the procedural requirements like notice of hearing and hearing dates), there are still general requirements that apply to all motions—including non-litigious ones—under Rule 15:

  1. Form and Contents (Rule 15, Section 2–3)

    • Written Form: Motions must be in writing except for those made in open court or in the course of a hearing or trial.
    • Contents:
      • The motion must state the relief sought.
      • It must state the grounds on which it is based.
      • It must include supporting affidavits or other papers, if required or necessary to prove factual allegations.
      • A notice of hearing is not required for non-litigious motions (but you still must serve a copy on the adverse party).

  2. Proof of Service (Rule 15, Section 5)

    • Even if no hearing is required, the movant must still serve a copy of the motion to all parties involved.
    • Proof of service on the adverse party is essential so that the latter may have the opportunity to submit a comment or opposition (if the court so directs or if the rules require).

  3. Time to File Opposition/Comment

    • The court may set a period for the adverse party to file a comment or opposition.
    • In practice, some courts issue an order requiring the opposing side to file their written opposition within a certain number of days (often five [5] calendar days from receipt).
    • After the period for opposition lapses, or upon receipt of the opposition, the court typically resolves the motion without conducting a hearing, unless the court deems a hearing necessary.

  4. Resolution by the Court

    • Non-litigious motions are usually resolved in summary fashion, often through a written order based solely on the pleadings and submissions.
    • Courts aim to expedite such rulings to avoid delay in the main proceedings.

5. Distinction from Litigious Motions

The most critical procedural difference between litigious and non-litigious motions is the requirement of a hearing or an opportunity for oral argument:

  • Litigious Motions:

    • Require a hearing or at least the opportunity to be heard (oral argument), unless waived by the court or the parties.
    • Often affect substantial rights or the merits of the case (e.g., motion to dismiss, motion for reconsideration, demurrer to evidence, motion for new trial, etc.).
    • Require a specific notice of hearing addressed to all parties, stating the time and date for the hearing (Rule 15, Sections 5 & 6).

  • Non-Litigious Motions:

    • Do not require a hearing.
    • Typically address procedural or ministerial matters.
    • No notice of hearing is needed, though service of the motion on all parties remains mandatory.
    • The court resolves them based on the motion and opposition (if any) or upon its own directives.

6. Common Non-Litigious Motions and Practical Notes

  1. Motion for Extension of Time to File Responsive Pleading

    • A frequently encountered non-litigious motion, though subject to certain limitations (e.g., the time for extension in filing an Answer is typically capped at 30 calendar days, and you cannot repeatedly extend beyond that).
    • No hearing is required; the court usually grants or denies the extension upon motion.

  2. Motion for Postponement of Hearing/Trial

    • Considered non-litigious unless repeated postponements prejudice substantial rights.
    • Must be filed promptly with valid cause.
    • Often resolved immediately or the judge may just note it in open court.

  3. Motion for Alias Summons

    • When the original summons is returned unserved, a motion for alias summons is usually a mere formality.
    • Courts rarely require a hearing for such a request.

  4. Motion for Leave to Amend Pleading

    • Usually non-litigious unless the amendment drastically affects substantive rights (e.g., adding new causes of action).
    • Commonly resolved by the court on the papers.

  5. Motion to Correct Clerical Errors

    • If the judgment or order contains inadvertent clerical errors, the motion to correct is generally routine.
    • Resolved swiftly without the need for a hearing.

7. Effect of Improper Classification or Procedure

  • If a motion is actually litigious but is filed as if it were non-litigious (i.e., omitting notice of hearing when required), the court may consider it a pro forma motion and deny it outright or disregard it.
  • Conversely, treating a non-litigious motion as litigious (by setting it for hearing unnecessarily) usually does not invalidate it, but it may cause unnecessary delay.

8. Timelines for Resolution

  • Courts are encouraged under the Speedy Trial Act (by analogy) and the Revised Rules of Court to promptly resolve motions.
  • For non-litigious motions, resolution tends to be faster precisely because no hearing is required, and courts frequently rule based on written submissions and the judge’s summary evaluation.

9. Best Practices

  1. Check the Enumerations: Before filing a motion, verify if it is explicitly classified as litigious. If not, it is non-litigious, and you need not set a hearing.
  2. Observe Proper Service: Always serve copies of your motion on all affected parties, even if no hearing is required.
  3. Include All Necessary Attachments: If factual issues are involved (even in a non-litigious motion), attach affidavits or relevant documentary evidence.
  4. File Early and Follow the Court’s Directives: If the court orders an opposition/comment period, wait for or note that period’s expiration before expecting the court’s resolution.
  5. Avoid Overuse: Filing repetitive or frivolous non-litigious motions (e.g., repeated postponements) may be seen as dilatory.

10. Interaction with Legal Ethics & Legal Forms

  • Legal Ethics: Counsel must ensure that motions (even if non-litigious) are filed in good faith, with no intent to harass or unduly delay proceedings. Misrepresentation or frivolous motions can expose counsel to disciplinary action.
  • Legal Forms: Standard forms for commonly filed non-litigious motions (e.g., motions for extension of time, postponements) are available in many law offices and references. While not mandated by the Rules, clarity and precision in the motion’s wording are crucial.

CONCLUSION

Non-litigious motions under Rule 15 of the 2019 Revised Rules of Civil Procedure streamline court proceedings by allowing certain matters—often procedural or routine in nature—to be resolved without the need for a formal hearing. By eliminating the requirement of notice of hearing for these motions, the Rules aim to speed up the resolution of peripheral issues and allow courts to focus time and resources on genuinely contentious or substantial matters.

However, counsel and parties must still observe proper form, service, and good faith in filing non-litigious motions. Failure to comply with these requirements may lead to denial of the motion and potential delays in the main action. When used correctly, non-litigious motions serve as a valuable tool for effective and efficient judicial administration, consistent with the overarching principle of securing a just, speedy, and inexpensive disposition of every action and proceeding.

REMINDER: This overview is for educational purposes and does not replace individualized legal advice. Always consult legal counsel for advice tailored to specific facts and circumstances.

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

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.

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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