KUPALOURD RULE 15 Motions
REM 1 BRONDIAL
RULE 15 Motions practicing sila,
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nagtatanong sakin, i-s-
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Youll not find difficulty here regarding motions. set for hearing ko ba ito?
Alam na alam niyo na yan no? Lawyers do it Sabi ko, lahat ng
with better motions. Hahaha! Kaya no litigated motions must
problem. But what is a motion? be set for hearing. A
hindi, finile ko ito sa SC.
Wag kang mag-set sa
Section 1. Motion defined. A motion is an SC. Pag nag-file ka ng
application for relief other than by a pleading. motion sa SC, you never
(1a) set that for hearing
because hearing before
Motion must be distinguished from pleadings the CS is never a matter
because when you file a Motion, you are asking of right. You cannot
for a particular relief while in pleadings, you argue. You cannot
ask for general relief. dictate upon the SC. Mr.
Supreme Court, I would
like to wear my toga and
There are only 2 kinds of motions:
argue with you. Hindi
pwede yan. Pag tinawag
1. Litigated motion (litigious)
ka ok, pag hindi ka
tinawag ganon din sa
procedurally, requires the CA. you never set it for
compliance with Sec. 4, 5 and 6 of Rule 15 hearing. This is only
upon trial courts.
- 10-day setting and 3-day notice
rule (discussed in Rule 9) o The question is because
of 7691 which expanded
o In case of conflict, the 3- the jurisdiction of the
MTC and allowed the
day notice rule prevails
Court of Appeals to hear
over the 10-day setting
cases and even accept
rule
evidence would a
motion... I would think
- There must be a notice, must be so. HOW? When the CA
served upon the party and it
takes cognizance of a
must be set for hearing
case in the exercise of
its original jurisdiction.
o Dito sa setting for Because in that case, the
hearing, ito maraming CA is a trial court. In
nagkakamali even fact, there was one
practicing lawyers or problem in the bar, diba
even other lawyers there are several
would call me, hidni stations of the CA. Dati
ang CA, that is just
housed in Manila. Dito
lang yan sa Manila. Pero
ngayon there are already
stations. Meron sa
Cagayan de Oro, meron
sa Cebu, kung saan pa!
OK, supposed that which
should be filed in Manila
was filed in Cebu, can
you ask for dismissal of
that case in Cebu
considering that it
should have been filed in
Manila on the ground of
improper venue? Under
Rule 4?
The answer is
NO. because
the CA is only
one! Unlike the
RTCs, where
there are
several stations.
Itong stations
na ito, isa pa rin
lang, by
divisions lang.
2. Non-litigated motion (non-litigious)
a. In the course of the trial,
for example, a counsel
would raise his hand, and
say Objection, your
honor, that is an oral
motion.
b. There are also certain
motions that do not
require hearings. When
you file a motion before
the CA or the SC, never
set that for hearing,
KUPALOURD RULE 15 Motions
REM 1 BRONDIAL
because hearing before prejudicing the rights of the adverse party,
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the SC is not a matter of every written motion shall be set for hearing
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right, but a matter of by the applicant.
discretion.
i. The same with
the CA, they do Every written motion required to be heard and
the notice of the hearing thereof shall be
not want parties
to set hearings. served in such a manner as to ensure its
receipt by the other party at least three (3)
Especially now
that the CA, days before the date of hearing, unless the
under the new court for good cause sets the hearing on
rules, can shorter notice. (4a)
conduct trials,
and accept
Section 5. Notice of hearing. The notice of
evidence.
ii. Even if the CA and hearing shall be addressed to all parties
SC has original concerned, and shall specify the time and date
jurisdiction, you do of the hearing which must not be later than ten
not set motion (10) days after the filing of the motion. (5a)
submitted before
them for hearing, Section 6. Proof of service necessary. No
because it is a written motion set for hearing shall be acted
matter of
upon by the court without proof of service
discretion on the
thereof. (6a)
part of the CA and
SC.
Section 7. Motion day. Except for motions
requiring immediate action, all motions shall be
scheduled for hearing on Friday afternoons, or
Section 2. Motions must be in writings. All
motions shall be in writing except those made if Friday is a non-working day, in the afternoon
of the next working day. (7a)
in open court or in the course of a hearing or
trial. (2a)
Section 8. Omnibus motion. Subject to the
Another distinction is a written motion and an provisions of section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or
oral motion.
proceeding shall include all objections then
available, and all objections not so included
Section 3. Contents. A motion shall state shall be deemed waived. (8a)
the relief sought to be obtained and the
grounds upon which it is based, and if required
by these Rules or necessary to prove facts Remember, when we go to Rule 37, New Trial
alleged therein, shall be accompanied by Reconsideration. One of the provisions there is
that when you file a Motion for New Trial, you
supporting affidavits and other papers. (3a)
have to allege all the grounds because that
which is not alleged is deemed waived.
Section 4. Hearing of motion. Except for
motions which the court may act upon without
Ano ang bases non? The basis is the Omnibus
Motion Rule. Because all the grounds available
must already be presented in a Motion. You
should not file a Motion piecemeal because
that is dilatory. That would be dilatory. You
include all the valid grounds that you think of
Omnibus Motion Rule. That which is not
included is therefore considered waived.
May exception yan, diba? The formulation of
Omnibus Motion Rule, you are cross-referred
again to Sec 1 of Rule 9. Inulit uli yon. Ano ba
yon? Res Judicata, Litis Pendentia, Lack of
Jurisdiction and Statute of Limitations.
Section 9. Motion for leave. A motion for
leave to file a pleading or motion shall be
accompanied by the pleading or motion sought
to be admitted. (n)
Ito, pag nag-f-file ka ng Motion for Leave.
Specifically there is provision for a Motion for
Leave. Kapag binasa niyo yung Sec 23 of Rule
119, Criminal Procedure, Demurrer to Evidence
in rel to Rule 33, Makita mo ron sa provision
ng Criminal Procedure that you have to file a
motion for leave to file a demurrer to evidence
within 5 days and thereafter, you have now to
file a demurrer. Will that now conflict with this
provision of Sec 9 of Rule 15?
The proper interpretation of that that this Sec
23 must give way to Sec 9 of Rule 15. Because
under Rule 33, altho Rule 33 is also Demurrer
to Evidence, wala naming Motion for Leave.
Diba? But there are many other provisions in
Civil Procedure that require Motion for Leave.
Rule 19 Motion for Intervention. Hindi pwede
na hindi ka mag-file ng Motion for Leave. Yung
amendments, certain forms of amendment.
There are Motion for Leave gaya ng
amendment discretionary which is not as a
KUPALOURD RULE 15 Motions
REM 1 BRONDIAL
matter of right. What does Sec 9 of Rule 15
provide?
It provides that when you file a Motion for
Leave, halimbawa to file a complaint in
intervention, i-attach mo na yung complaint in
intervention in your motion. So that the court
can reasonably decide whether to grant or
deny your motion. Kasi naka-attach na doon
yung complaint in intervention or answer in
intervention.
Halimbawa, dito sa Rule 23 on deposition.
When you are also an instance required to
file a motion for leave to undertake deposition,
ilagay mo na don. I attach mo na. ngayon,
what Im trying to tell you, ano ba yung
provision sa 23 of Rule 119, nakalagay don
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specific that you have to file it motion for
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leave, walang attachment, because you have
to wait whether it will be granted or denied so
that if it is granted, you have another days
within which to file your demurrer.
Supposed you do attach already your
Demurrer to Evidence in your motion for leave
to file a demurrer in Criminal Cases, will that
be violative of Sec 23 of Rule 119 pursuant to
in rel to Sec 9 of Rule 15 but will that violate
Sec 23 of Rule 119? NO! It will not. In fact, it
is now advisable. In fact that should be
amended, although its not amended ha. It is
advisable that when you file a Demurrer to
Evidence in Criminal Cases, remember you can
file it either without leave or with leave, you
suffer the consequences if you dont file it, so
you always file it with leave of court. When
youre filing your leave of court, you already
attach your demurrer to evidence and it does
not violate, in fact, it is preferred, preferable.
So when it is granted, alam na ng court. Kasi
kung yun lang Motion for Leave, wala pa. hindi
pa substantive yon masyado.
Section 10. Form. The Rules applicable to
pleadings shall apply to written motions so far
as concerns caption, designation, signature,
and other matters of form. (9a)