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Former rule : summons directed to

person not enumerated therein is

allowed as long that it is forwarded
to the specific person indicated
under the law. This ruling today is
not applicable.



Jan 31, 2013, 2:21 PM

Pro-forma motions

(1) The Court has consistently held that a motion which does not meet the requirements of Sections 4 and
5 of Rule 15 on hearing and notice of the hearing is a mere scrap of paper, which the clerk of court has no
right to receive and the trial court has no authority to act upon. Service of a copy of a motion containing a
notice of the time and the place of hearing of that motion is a mandatory requirement, and the failure of
movants to comply with these requirements renders their motions fatally defective (Vette Industrial Sales
vs. Cheng, GR 170232-170301, Dec. 5, 2006).

(2) A pro forma motion is one which does not satisfy the requirements of the rules and one which will be
treated as a motion intended to delay the proceedings (Marikina Development Corporatoin vs. Flojo, 251
SCRA 87).

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