Prohibited

Motions and Pleadings

Enumeration of Prohibited Motions and
Pleadings is found under the following rules:
1. 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (A.M.
No. 19-10-20-SC, 15 October 2019; to take effect on 1 May 2020)
2. Revised Rules on Summary Procedure
3. Revised Rules on Small Claims Cases (A.M. No. 08-8-7-SC, 1 February 2016)
4. Rules on Writ of Habeas Data (A. M. No. 08-1-16-SC, 22 January 2008)
5. Rules on Writ of Amparo (A.M. No. 07-9-12-SC, 25 September 2007)
6. Rules of Procedure for Environmental Cases (Writ of Kalikasan) (A.M.
No. 09-6-8-SC, 13 April 2010)
7. Rules on Intellectual Property Rights Cases (A.M. No. 10-3-10-SC, 18 October
2011)
 An enumeration of Prohibited Motions and
Pleadings is found under the following rules:
8. Interim Rules of Procedure Governing Intra-Corporate Disputes (A.M.
No. 01-2-04-SC, 13 March 2001)

9. Special Rules of Court on Alternative Dispute Resolution (A.M. No. 07-

11-08-SC, 1 September 2009)

10. Financial Rehabilitation Rules of Procedure (A.M. No. 12-12-11-SC, 27 April

2013)

11. Financial Liquidation and Suspension of Payments Rules of

Procedure for Insolvent Debtors (A.M. No. 15-04-06-SC, 21 April 2015)
12. Revised Guidelines for Continuous Trial of Criminal Cases (A.M. No.15-06-
10-SC, 25 April 2017)
Prohibited Motions
Motion to Dismiss
Under the Revised Rules on Summary Procedure – A motion to dismiss the complaint or
quash the complaint or information is prohibited, EXCEPT on the ground of lack of
jurisdiction over the subject matter, or failure to comply with the Katarungang
Pambarangay Law.
NOTE: Under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure, a
motion to dismiss is a prohibited motion, EXCEPT on the following grounds:
1. That the court has no jurisdiction over the subject matter of the claim;
2. That there is another action pending between the same parties for the same cause; and
3. That the cause of action is barred by a prior judgment or by the statute of limitations.
Motion for extension to file
pleadings, affidavits, return, opposition, position paper, or any other paper
◦ HOWEVER: Under (1) Financial Rehabilitation Rules of Procedure; (2) Financial
Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors;
and (3) Interim Rules of Procedure Governing Intra-Corporate Disputes, a motion for
extension may be filed provided that the motion is supported by compelling
reasons, and the motion is verified and under oath.

◦ Under Special Rules of Court on Alternative Dispute Resolution, a motion for

extension is prohibited, EXCEPT where an ex parte temporary order of protection has
been issued.
Motion for Bill of Particulars
Dilatory Motions for Postponement
HOWEVER: Under (1) Financial Rehabilitation Rules of Procedure; (2) Financial
Liquidation and Suspension of Payments Rules of Procedure for Insolvent Debtors; and
(3) Interim Rules of Procedure Governing Intra-Corporate Disputes, a motion for
extension may be filed provided that the motion is supported by compelling reasons,
and the motion is verified and under oath.
Motion to Declare
Defendant/Respondent in Default
EXCEPT: Under: (1) Rules on Intellectual Property Rights Cases; (2) Financial
Rehabilitation Rules of Procedure; and (3) Financial Liquidation and Suspension of
Payments Rules of Procedure for Insolvent Debtors, where there is no mention of a
Motion to Declare Defendant/Respondent in Default as a prohibited motion.
Motion for new trial, or for reconsideration of
a judgment, or for opening of trial
◦ EXCEPT, under (1) Rules of Procedure for Environmental Cases (Writ of Kalikasan); (2)
Financial Rehabilitation Rules of Procedure; and (3) Financial Liquidation and
Suspension of Payments Rules of Procedure for Insolvent Debtors

◦ Under: (1) Rules on Writ of Habeas Data; and (2) Rules on Writ of Amparo – the
prohibited motion is only a motion for reconsideration of interlocutory orders or
interim reliefs orders.

◦ Under the Rules on Intellectual Property Rights Cases, a motion for new trial, or for
reconsideration of a judgment is a prohibited motion, EXCEPT with regard to an
order of destruction issued under Rule 20 of the rules.

◦ Under the Special Rules of Court on Alternative Dispute Resolution, a motion for new
trial or for reopening of trial is a prohibited motion, but not a motion for
reconsideration.
Prohibited, Non-litigious,
and Litigious Motions
under the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure
 Prohibited Motions
under the 2019 Proposed Amendments
Under Section 12, Rule 15

a) Motion to dismiss EXCEPT on the following grounds:

1. That the court has no jurisdiction over the subject matter of the claim;
2. That there is another action pending between the same parties for the same cause; and
3. That the cause of action is barred by a prior judgment or by the statute of limitations.

b) Motion to hear affirmative defenses;

c) Motion for reconsideration of the court’s action on the affirmative defenses;

d) Motion to suspend proceedings without a temporary restraining order or injunction issued

by a higher authority;
 Prohibited Motions
under the 2019 Proposed Amendments
e) Motion for extension of time to file pleadings, affidavits or any other papers, except
a motion for extension to file an answer as provided in Section 11, Rule 11; and
f) Motion for postponement intended for delay, EXCEPT if it is based on acts of God,
force majeure or physical inability of the witness to appear and testify. If the motion is
granted based on such exceptions, the moving party shall be warned that the presentation of
its evidence must still be terminated on the dates previously agreed upon.
NOTE: A motion for postponement, whether written or oral, shall at all times be
accompanied by the original official receipt from the Office of the Clerk of
Court evidencing payment of the postponement fee under Sec. 21 (b), Rule
141, to be submitted either at the time of the filing of said motion or not later
than the next hearing date. The Clerk of Court shall not accept the motion
unless accompanied by the original receipt
Prohibited Motions
under the 2019 Proposed Amendments
Under Section 11, Rule 11

A defendant may, for meritorious reasons, be granted an additional period of not

more than thirty (30) calendar days to file an answer. A defendant is only allowed
to file one (1) motion for extension of time to file an answer.

A motion for extension to file any pleading, other than an answer, is prohibited
and considered a mere scrap of paper. The court, however, may allow any other
pleading to be filed after the time fixed by these Rules
Prohibited Pleadings and Submissions
under the 2019 Proposed Amendments
◦ Affirmative defenses, if denied, shall not be the subject of a motion for
reconsideration or petition for certiorari, prohibition or mandamus, but may be
among the matters to be raised on appeal after a judgment on the merits (Section 12,
Rule 8).
◦ The order of the court to submit the case for judgment pursuant to the rule on Pre-
trial shall not be the subject to appeal or certiorari (Section 10, Rule 18).
◦ The order denying the demurrer to evidence shall not be subject of an appeal or
petition for certiorari, prohibition or mandamus before judgment (Section 2, Rule 33).
◦ Any action of the court on a motion for judgment on the pleadings shall not be subject
of an appeal or petition for certiorari, prohibition or mandamus (Section 2, Rule 34).
◦ Any action of the court on a motion for summary judgment shall not be subject of an
appeal or petition for certiorari, prohibition or mandamus (Section 3, Rule 35)
 Non-litigious Motions
under the 2019 Proposed Amendments
Motions which the court may act upon without prejudicing the rights of
adverse parties are non-litigious motions. These motions include:
a) Motion for the issuance of an alias summons;
b) Motion for extension to file answer;
c) Motion for postponement;
d) Motion for the issuance of a writ of execution;
e) Motion for the issuance of an alias writ of execution;
 Non-litigious Motions
under the 2019 Proposed Amendments
f) Motion for the issuance of a writ of possession;
g) Motion for the issuance of an order directing the sheriff to execute the final
certificate of sale; and
h) h) Other similar motions.

These motions shall not be set for hearing and shall be resolved by the court
within five (5) calendar days from receipt thereof.
 Litigious Motions
under the 2019 Proposed Amendments
Litigious motions include:
a. Motion for bill of particulars;
b. Motion to dismiss;
c. Motion for new trial;
d. Motion for reconsideration;
e. Motion for execution pending appeal;
f. Motion to amend after a responsive pleading has been filed;
g. Motion to cancel statutory lien;
 Litigious Motions
under the 2019 Proposed Amendments
h. Motion for an order to break in or for a writ of demolition;
i. Motion for intervention;
j. Motion for judgment on the pleadings;
k. Motion for summary judgment;
l. Demurrer to evidence;
m. Motion to declare defendant in default; and
n. Other similar motions.
 Litigious Motions
under the 2019 Proposed Amendments
All motions shall be served by personal service, accredited private courier or
registered mail, or electronic means so as to ensure their receipt by the other
party.

The opposing party shall file his or her opposition to a litigious motion within
five (5) calendar days from receipt thereof. No other submissions shall be
considered by the court in the resolution of the motion.

The motion shall be resolved by the court within fifteen (15) calendar days from
its receipt of the opposition thereto, or upon expiration of the period to file such
opposition.
 Prohibited and
Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
 Prohibited Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
a. Motion for judicial determination of probable cause.
b. Motion for preliminary investigation filed beyond the five (5)-day reglementary period in
inquest proceedings under Sec. 6, Rule 112, or when preliminary investigation is required
under Sec. 8, Rule 112, or allowed in inquest proceedings and the accused failed to
participate in the preliminary investigation despite due notice.
c. Motion for reinvestigation of the prosecutor recommending the filing of information once
the information has been filed before the court (1) if the motion is filed without prior leave
of court; (2) when preliminary investigation is not required under Sec. 8, Rule 112; and (3)
when the regular preliminary investigation is required and has been actually conducted, and
the grounds relied upon in the motion are not meritorious, such as issues of credibility,
admissibility of evidence, innocence of the accused, or lack of due process when the accused
was actually notified, among others.
 Prohibited Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
d. Motion to quash information when the ground is not one of those stated in Sec. 3,
Rule 117.
e. Motion for bill of particulars that does not conform to Sec. 9, Rule 116.
f. Motion to suspend the arraignment based on grounds not stated under Sec. 11,
Rule 116.
g. Petition to suspend the criminal action on the ground of prejudicial question, when
no civil case has been filed, pursuant to Sec. 7, Rule 111.
h. Motion for postponement, except if it is based on acts of God, force majeure or
physical inability of the witness to appear and testify. If the motion is granted based
on such exceptions, the moving party shall be warned that the presentation of its
evidence must still be finished on the dates previously agreed upon.
Prohibited Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
NOTE: A motion for postponement, whether written or oral, shall at all times be
accompanied by the original official receipt from the Office of the Clerk of Court
evidencing payment of the postponement fee under Sec. 21 (b), Rule 141, to be
submitted either at the time of the filing of said motion or not later than the next
hearing date. The Clerk of Court shall not accept the motion unless accompanied by the
original receipt
Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
Motions that allege plausible grounds supported by relevant documents and/or
competent evidence, except those that are already covered by the Revised Guidelines,
are meritorious motions, such as

a. Motion to withdraw information, or to downgrade the charge in the original

information, or to exclude an accused originally charged therein, filed by the
prosecution as a result of a reinvestigation, reconsideration, and review;
b. Motion to quash warrant of arrest;
c. Motion to suspend arraignment on the ground of an unsound mental condition
under Sec. 11(a), Rule 116;
 Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
d. Motion to suspend proceedings on the ground of a prejudicial question where a
civil case was filed prior to the criminal case under Sec. 11(b), Rule 116;
e. Motion to quash information on the grounds that the facts charged do not
constitute an offense, lack of jurisdiction, extinction of criminal action or liability,
or double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule 117;
f. Motion to discharge accused as a state witness under Sec. 17, Rule 119;
NOTE: In case of a motion to discharge accused as state witness under Sec. 17,
Rule 119, where the prosecution is required to present evidence in support
thereof, such motion shall be submitted for resolution from the termination of
the hearing, and shall be resolved within a non-extendible period of ten (10)
calendar days thereafter.
Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
g. Motion to quash search warrant under Sec. 14, Rule 126 or motion to suppress
evidence; and
h. Motion to dismiss on the ground that the criminal case is a Strategic Lawsuit
Against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure for
Environmental Cases
Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
◦ The comment of the adverse party shall be filed within a non-extendible period of
ten (10) calendar days from notice/receipt of the order of the court to file the same.
◦ The court shall resolve the motion within a non-extendible period of ten (10)
calendar days from the expiration of the ten (10)-day period, with or without
comment.
◦ The court, at its discretion, may set the motion for hearing within a non-extendible
period of ten (10) calendar days from the expiration of the ten (10)-day period to file
comment, in which case the same shall be submitted for resolution after the
termination of the hearing, and shall be resolved within a non-extendible period of
ten (10) calendar days thereafter.
◦ Reply and memorandum need not be submitted.
◦ Under the Revised Guidelines on Continuous Trial of Criminal Cases, prohibited motions shall
be denied outright before the scheduled arraignment without the need of comment and/or
opposition
Meritorious Motions
under the Revised Guidelines for Continuous Trial of Criminal Cases
NOTE: The motion for reconsideration of the resolution of a meritorious motion shall be
filed within a non-extendible period of five (5) calendar days from receipt of such
resolution, and the adverse party shall be given an equal period of five (5) calendar days
from receipt of the motion for reconsideration within which to submit its comment.
Thereafter, the motion for reconsideration shall be resolved by the court within a non-
extendible period of five (5) calendar days from the expiration of the five (5)-day period
to submit the comment.

Motions that do not conform to the requirements stated above shall be considered
unmeritorious and shall be denied outright
 Prohibited
Submissions and Pleadings
Petition for Relief from Judgment
Prohibited Allowed
Revised Rules on Summary Procedure Rules on Writ of Habeas Data
Revised Rules on Small Claims Cases Rules on Writ of Amparo
Rules on Intellectual Property Rights Cases Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Special Rules of Court on Alternative Dispute Interim Rules of Procedure Governing Intra-
Resolution Corporate Disputes
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Memoranda
Prohibited
Revised Rules on Summary Procedure
Revised Rules on Small Claims Cases
Rules on Writ of Habeas Data
Rules on Writ of Amparo
Allowed
Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Rules on Intellectual Property Rights Cases
Interim Rules of Procedure Governing Intra-
Corporate Disputes
Special Rules of Court on Alternative Dispute
Resolution
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Reply and Rejoinder
Prohibited Allowed
Revised Rules on Summary Procedure Interim Rules of Procedure Governing Intra-
Corporate Disputes
Revised Rules on Small Claims Cases
Rules on Writ of Habeas Data
Rules on Writ of Amparo
Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Rules on Intellectual Property Rights Cases
Special Rules of Court on Alternative Dispute
Resolution
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Petition for certiorari, mandamus, or
prohibition against any interlocutory order
Prohibited Allowed
Revised Rules on Summary Procedure Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Revised Rules on Small Claims Cases Rules on Intellectual Property Rights Cases
Rules on Writ of Habeas Data Interim Rules of Procedure Governing Intra-
Corporate Disputes
Rules on Writ of Amparo Special Rules of Court on Alternative Dispute
Resolution
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Intervention
Prohibited Allowed
Revised Rules on Summary Procedure Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Revised Rules on Small Claims Cases Interim Rules of Procedure Governing Intra-
Corporate Disputes
Rules on Writ of Habeas Data Special Rules of Court on Alternative Dispute
Resolution
Rules on Writ of Amparo
Rules on Intellectual Property Rights Cases
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Third-party Complaint
Prohibited
Revised Rules on Summary Procedure
Revised Rules on Small Claims Cases
Rules on Writ of Habeas Data
Rules on Writ of Amparo
Rules of Procedure for Environmental Cases (Writ of
Kalikasan)
Rules on Intellectual Property Rights Cases
Allowed
Interim Rules of Procedure Governing Intra-
Corporate Disputes
Special Rules of Court on Alternative Dispute
Resolution
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Counterclaim or cross-claim
Prohibited Allowed
Rules on Writ of Habeas Data Revised Rules on Summary Procedure
Rules on Writ of Amparo Revised Rules on Small Claims Cases
Rules of Procedure for Environmental Cases (Writ of Rules on Intellectual Property Rights Cases
Kalikasan)
Interim Rules of Procedure Governing Intra-
Corporate Disputes
Special Rules of Court on Alternative Dispute
Resolution
Financial Rehabilitation Rules of Procedure
Financial Liquidation and Suspension of Payments
Rules of Procedure for Insolvent Debtors
Effects of Filing a
Prohibited Motion or
Pleading
 Effects of Filing a Prohibited Motion or
Pleading
◦ The filing of a prohibited motion shall not stop the running of the period to appeal (Spouses
Edillo v. Spouses Dulpina, G.R. No. 188360, 21 January 2010).

◦ A judge can be sanctioned for granting a motion for extension (in cases covered by the Rules
of Summary Procedure), so should the lawyer who filed the prohibited motion in disregard of
an established rule of procedure (Vda. de Omano v. Oñasa, Jr., A.C. No. 9651 (Notice), 13
January 2016).

◦ Under the Special Rules of Court on Alternative Dispute Resolution, the court shall motu
proprio order a pleading or motion that it has determined to be dilatory in nature to be
expunged from the records.

◦ A prohibited motion may be denied outright (Philippine Economic Zone Authority v. Borreta,
G.R. No. 142669, 15 March 2006).