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:

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).
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:

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).
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).
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.
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

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.
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.
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.
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.
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

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.
Observe Proper Service: Always serve copies of your motion on all affected parties, even if no hearing is required.
Include All Necessary Attachments: If factual issues are involved (even in a non-litigious motion), attach affidavits or relevant documentary evidence.
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.
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.