RULE 15 – MOTIONS DISCUSSION OUTLINE

Motion-

Section 1 defines a motion is an application for relief other than by a pleading.

Form of a motion-

Section 2 requires that a motion should be in writing except when made in open
court or in the course of the hearing or trial.

A motion made in open court or in the course of a hearing or trial should

immediately be resolved in open court, after the adverse party is given the
opportunity to argue his or her opposition thereto.

When a motion is based on facts not appearing on the record, the court may hear
the matter on affidavits or depositions presented by the respective parties, but
the court may direct that the matter be heard wholly or partly on oral testimony
or depositions.

Further under Section 3, it must state the relief sought to be obtained and the
grounds on which it is based, and if required by the rules or necessary to prove
facts alleged therein, it shall be supported by affidavits or other papers.

In Marcial v. Hi-Cement Corporation (G.R. No. 144900, November 18, 2005), it

was held that a motion for extension of time is fatally defective for failure to
include a prayer for relief; no period for extension was sought in the motion. As a
result, it is pro-forma.

Further under Section 11, the Rules applicable to pleadings shall apply to written
motions as far as it concerns captions, designation, signature and other matters.

It shall no longer be set for hearing in view of the amendments introducing non-
litigious and litigious motions and the manner of their resolution.

Classification of motions-

Motions are now classified as non-litigious or litigious.

Section 4 defines and enumerates non-litigious motions. They are those, which
the court can act upon without prejudice to the rights of the adverse party.

These are motions for: (a) issuance of alias summons, (b) extension of time to file
answer, (c) postponement, (d) a writ of execution, (e) an alias writ of execution,
(f) a writ of possession, (g) issuance of an order directing the sheriff to execute
the final certificate of sale, and (h) other similar motions. These motions are not
set for hearing and shall be resolved by the court within 5 calendar days from
receipt.
Section 5 enumerates litigious motions to include motions for: (a) a bill of
particulars, (b) to dismiss, (c) new trial, (d) reconsideration, (e) execution
pending appeal, (f) to amend after a responsive pleading is filed, (g) to cancel a
statutory lien, (h) an order to break in or for a writ of demolition, (I)
intervention, (j) judgment on the pleadings, (k) summary judgment, (l) demurrer
to the evidence, (m) declare defendant in default, (n) other similar motions.

All motions must be served by personal service, accredited private courier or

registered mail or electronic means to ensure their receipt by the other party as
Section 7 provides that no written motion shall be acted upon by the court
without proof of service.

Action subsequent to the filing of a litigious motion-

The opposing party shall file his or her opposition to a litigious motion within 5
calendar days from receipt. The court in the resolution of the motion shall
consider no other submission.

It shall then be resolved by the court within 15 calendar days from receipt of the
opposition or the expiration of the period to file such opposition.

Section 6 provides that in the exercise of its discretion and if deemed necessary
for resolution, the court can call a hearing on the motion. The notice of hearing
shall be addressed to all parties concerned and shall specify the time and date of
the hearing.

Setting motions for hearing-

Section 8 provides that except for motions requiring immediate action, where
the court decides to conduct a hearing on a litigious motion, the same shall be set
on a Friday.

Omnibus motion rule-

Section 9 provides that a motion attacking a pleading referring to a motion to

dismiss, or attacking an order, judgment, or proceedings referring to a motion
for reconsideration shall include all objections then available, and all objections
not so included are deemed waived except the defenses of Lack of Jurisdiction,
Litis Pendentia, Res Judicata, Statute of Limitations.

The purpose of the Rule is to obviate multiplicity of motions as well as

discourage dilatory pleadings. Litigants should not be allowed to reiterate
identical motions speculating on the possible change of opinion of the court or
judges thereof.

It requires the movant to raise all available exceptions in a single opportunity to

avoid multiple piecemeal objections. But to apply the statutory norm, the
objections must be available to the party at the time the motion was filed.
Motions for leave-

Section 10 requires that if a motion is one for leave to file a pleading or a motion,
it shall be accompanied by the pleading or motion sought to be admitted.

Prohibited motions-

Under Section 12, the following motions are not allowed:

1. A motion to dismiss except on the grounds of: (a) no subject matter

jurisdiction, (b) pendency of another action between the parties, and (c) cause of
action is barred by prior judgment or statute of limitations.

2. A motion to hear affirmative defenses.

3. A motion for reconsideration of the court’s action on affirmative defenses.

4. A motion to suspend proceedings without a temporary restraining order

or an injunction issued by a higher court.

5. A motion for extension of time to file pleadings, affidavits or any other

papers except a motion for extension of time to file an answer as provided for in
Section 11, Rule 11, and,

6. A motion for postponement, except if based on acts of God, force majeure

or physical inability of the witness to appear and testify. If a motion is granted on
such exceptions, the moving party shall be warned that presentation of evidence
must still be terminated on the dates previously agreed upon. Further, a motion
for postponement, written or oral, shall always be accompanied by the official
receipt from the Office of the Clerk of Court evidencing payment of the
postponement fee under Section 21 (b), Rule 141 to be submitted either at the
time of the filing of the motion or not later than the next hearing date. The clerk
of court shall not accept the motion unless accompanied by the original receipt.

Dismissals with prejudice-

Under Section 13, the effect of dismissal is that subject to the right to appeal, an
order granting a motion to dismiss or on an affirmative defense on the grounds
of (a) prior judgment or statute of limitations (b) claim or demand has been
paid, waived abandoned or otherwise extinguished, or (c) is unenforceable
under the statute of frauds shall bar a re-filing of the same.