Below is a comprehensive overview of filing requirements, procedural rules, and practical considerations regarding Motions for Reconsideration under Philippine law. While this discussion is focused primarily on civil procedure in the trial courts, many of the principles also apply or have analogous counterparts in appellate practice, administrative tribunals, and criminal procedure (with some variations). Always consult the relevant rules—especially the 2019 Amendments to the 1997 Rules of Civil Procedure and local rules of the specific court or tribunal—to ensure up-to-date compliance.
1. Legal Basis
Rules of Court
- Rule 37 of the Rules of Court (Motions for New Trial or Reconsideration) governs motions for reconsideration of judgments and final orders issued by trial courts in civil cases.
- The 2019 Amendments to the 1997 Rules of Civil Procedure slightly modified some procedural timelines and technical requirements. Ensure that you consult the latest version of the Rules.
Jurisprudence
- Various Supreme Court decisions clarify and supplement the Rules of Court’s provisions on motions for reconsideration. Courts generally require strict compliance with timelines and technical requirements but have occasionally relaxed these when paramount justice so requires.
2. Grounds for Motion for Reconsideration
Under Rule 37, a motion for reconsideration is typically filed on the basis of:
- Excessive damages awarded, or
- Insufficiency of the evidence, or
- The decision or final order is contrary to law (includes errors of law, misappreciation of facts, or similar substantive errors).
Note: A motion for reconsideration (MR) is conceptually different from a motion for new trial, which is grounded on fraud, accident, mistake, excusable negligence, or newly discovered evidence. When filing an MR, ensure that your arguments genuinely pertain to errors in the judgment or final order (factual or legal), rather than new evidence or circumstances that would better fit a motion for new trial.
3. Period for Filing
15-Day Period
- A party has 15 calendar days from receipt of the judgment or final order to file a motion for reconsideration in civil cases under the Rules of Court.
- In the Court of Appeals and the Supreme Court, the same 15-day period generally applies for filing an MR to a decision or resolution. (Consult the Internal Rules of the Court of Appeals and the Internal Rules of the Supreme Court for any specifics.)
Effect on Appeal Period
- The timely filing of a motion for reconsideration interrupts the running of the period to appeal. Once the motion is resolved (e.g., denied), the party typically has the remaining balance of the appeal period, counted from the notice of denial, to file an appeal.
- If the MR is denied, the clock for filing an appeal resumes or starts anew as may be provided in the applicable rules (depending on the tribunal).
Prohibition on Extensions
- Generally, courts are strict about the non-extendible nature of the 15-day period for filing an MR, especially in appellate courts like the Supreme Court.
- Unless for the most compelling reasons or equitable considerations, courts rarely grant motions for extension to file an MR.
4. Form and Contents
Caption and Title
- Like all pleadings, an MR must contain a caption indicating the case title, docket number, and title of the motion (e.g., “Motion for Reconsideration”).
Statement of the Grounds
- Clearly enumerate and discuss the grounds relied upon. This section should indicate the specific factual or legal points the movant contends were overlooked or misapplied by the court.
Arguments
- Provide a concise discussion of the legal and factual errors.
- Cite pertinent laws, rules, or jurisprudence to support your arguments.
- Demonstrate how the alleged errors prejudiced the movant.
Relief Sought
- Precisely state what the party wants from the court (e.g., “Wherefore, it is respectfully prayed that the Decision dated [date] be reconsidered and set aside…”).
Notice of Hearing
- Pursuant to Rule 15 of the Rules of Court, all written motions must contain a notice of hearing addressed to the parties or their counsel indicating the place, date, and time of the hearing (if the court sets one).
- Failure to include a proper notice of hearing is a common technical ground for denial of motions.
Proof of Service
- Show that copies of the motion were served on the opposing party or their counsel.
- Under the 2019 Amendments, service on the opposing party is usually done by personal service, accredited courier, registered mail, or electronic means (if allowed by the court).
Verification and Certification against Forum Shopping (if Required)
- An MR for a final order or judgment is generally considered a litigated motion.
- Although not always mandatory in the same sense as initiatory pleadings, some courts require or prefer that an MR be verified to prevent frivolous filings.
- When in doubt, attach a verification or consult the local practice.
5. Non-Prohibited Nature of the Motion
- Unlike certain motions (e.g., motion for reconsideration of an interlocutory order, which is generally prohibited or discouraged), a motion for reconsideration of a final judgment or order is allowed.
- Be aware of prohibited pleadings under special rules (e.g., Summary Procedure, Small Claims cases, or certain administrative proceedings). In such streamlined procedures, MRs may be explicitly disallowed.
6. Effects of Filing a Motion for Reconsideration
Suspension of the Period to Appeal
- As mentioned, the filing of an MR tolls (interrupts) the period to appeal until the court resolves it.
Possible Reversal or Modification
- The court can grant the MR in whole or in part, which may result in amending or vacating the original decision/order.
No Second MR in Appellate Courts
- In the Supreme Court, no second motion for reconsideration is allowed except in extremely rare cases involving compelling reasons, such as matters of paramount public interest.
- In the Court of Appeals, similarly, a second or subsequent motion for reconsideration is generally forbidden.
7. Additional Considerations in Higher Courts
Court of Appeals
- Governed by similar timelines (15 days to file).
- File a motion for reconsideration before pursuing an appeal (in certain cases, this is a condition precedent if you plan to go to the Supreme Court via a petition for review on certiorari).
Supreme Court
- Timelines are stricter; fifteen (15) days from receipt of the decision or resolution.
- Second or subsequent motions for reconsideration are almost always disallowed (except for very narrow exceptions recognized by jurisprudence, e.g., to prevent a miscarriage of justice).
Administrative Tribunals
- Many administrative agencies have procedural rules allowing for MRs. The typical period is 15 days but always check the agency’s specific regulations (e.g., NLRC, SEC, HLURB, etc.), as some have shorter or slightly different timelines.
8. Common Pitfalls and Tips for Compliance
Timeliness
- Ensure that you accurately count the 15 days from the date of receipt of the decision or final order. Missing this window is fatal to your remedy.
Proper Service
- Comply strictly with the rules on service. The motion must be served on all parties and the court.
Form Requirements
- Omitting a notice of hearing, failing to indicate a specific date and time (when required), or failure to attach proof of service can lead to outright denial.
Substantive Precision
- A motion for reconsideration should focus on errors of fact or law in the judgment. Do not use it merely to re-litigate issues that were or should have been fully addressed during trial.
Avoid Repetitive or Dilatory MRs
- Courts frown upon motions clearly intended to delay proceedings. An MR should present substantial and specific grounds.
Combine Grounds Wisely
- If you have grounds that might fit both a motion for new trial and a motion for reconsideration, consider combining them in one pleading if permissible, clearly delineating which arguments pertain to each motion.
9. Summary Checklist
Drafting
- Caption with correct case title and docket number
- Ground(s) for reconsideration (excessive damages, insufficient evidence, or contrary to law)
- Argument section citing legal authorities and specific factual errors
- Prayer specifying relief sought
- Proper notice of hearing (if required)
- Proof of service
- Verification or certification against forum shopping if needed
Filing
- File within 15 calendar days from receipt of the decision/final order
- Pay the required filing fees, if any, and comply with other court requirements
After Filing
- Await the court’s resolution; be mindful of your remaining period to appeal if the MR is denied
- If granted, review the revised/modified decision and determine next steps
10. Conclusion
A Motion for Reconsideration is a critical remedy that allows parties in Philippine courts to seek correction of errors—whether factual, legal, or relating to damages—in a judgment or final order. Mastery of the technical requirements and timelines is crucial; failure to comply strictly with procedural rules can result in outright denial and loss of appellate remedies. Always consult the latest Rules of Court, relevant administrative issuances, and local procedural rules or internal court regulations to ensure proper, timely, and effective filing.