1 RULE 15 MOTIONS SECTION 1. Motion defined.A motion is an application for relief other than by a pleading.

Motion- is an application for relief other than by a pleading. A motion is not a pleading Kinds of Motion 1. Motion Ex Parte- is made without the presence or a notification to the other party because the question generally presented is not debatable. i.e. Motion for extension of time to file pleadings 2. Motion of course- where the movant is entitled to the relief or remedy sought as a matter of discretion on the part of the court 3. Litigated Motion- is the one made with notice to the adverse party to give an opportunity to oppose. i.e. motion to dismiss 4. Special motion- is a motion addressed to the discretion of the court GR: a motion cannot pray for judgment Exp: Motion for judgment on the pleadings Motion for summary judgment Motion for judgment on demurrer to evidence Pleading Motion Directly related to Prays the cause action or defense of something else the Asks for a relief other than the main causeof action or the main defense i.e. motion to postpone trial motion for extension of time to answer

SEC. 2. Motions must be in writing.All motions shall be in writing except those made in open court or in the course of a hearing or trial. GR: motions must be in writing Exp: those made in OPEN court or in the course of the hearing or trial SEC. 3. Contents.A motion shall state 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 alleged therein, shall be accompanied by supporting affidavits and other papers. Contents of the motion 1. The relief sought to be obtained 2. The ground upon which it is based 3. It is required by the rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers

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2 Q: is it necessary that a motion be accompanied by supporting affidavits and other papers? A: No, unless required by the rules or necessary to prove facts alleged therein Motion for new trail on the ground of FAME, is an example of motion that needs to be accompanied by supporting affidavits Requisites of a Motion (not made in open court or in the course of a hearing or trial) 1. It must be in writing 2. Hearing of motion set by the applicant 3. Notice of hearing shall be addressed to all parties concerned. Date of hearing must not be later than 10 days from the filing of motion (sec 5) 4. Motion and notice of hearing must be served at least 3 days before the date of hearing (three day notice rule) SEC. 4. Hearing of motion. Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion shall be set for hearing by the applicant. Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice. Rule 15, section 4 applies only to litigated motion and not to an ex-parte motion. (Primetown vs Juntilla) Q: what is the effect if a party files a motion serving upon the adverse party the motion in less than 3 days? A: the court may refuse to take action on a motion which does not comply with rule requiring a three-day notice to the adverse party, unless the court for good cause sets the hearing on shorter notice. Exceptions to the Three-Day Notice Rule Ex-parte motions Urgent motions Motions agreed upon by the parties to be heard on shorter notice or jointly submitted by the parties Motions for summary judgment which must be served at least 10 days before its hearing Note: any motion that does not comply with sec 4. 5 and 6 is a MERE SCRAP of PAPER it does not interrupt the reglementary period for the filing of the requisite pleading SEC. 5. Notice of hearing.The notice of hearing shall be addressed to all parties

3 concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. A motion that does not contain a notice of hearing is a mere scrap of paper. It presents no question which merits the attention and consideration of the court. Notice of hearing should be addressed to all parties concerned. A notice of hearing addressed to the clerk of court and not the parties is NO notice at all. It shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion Purpose of Notice Requirement: to avoid surprises The test is the presence of opportunity to be heard as well as the time to study the motion and meaningfully oppose or controvert the grounds upon which it is based. thereof with the opponent. A motion cannot be filed ex parte. Cross reference: Rule 13 A motion which does not meet the requirements of Sections 4 and 5 of Rule 15 of the Rules of Court is considered a worthless piece 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 of the place of hearing of that motion is mandatory and the failure of movants to comply with these requirements renders their motions fatally defective. Pro forma motion 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 Corp. v. Flojo, 251 SCRA 87) Exceptions: 1. Where a rigid application will result in a manifest failure or miscarriage of justice; 2. Where the interest of substantial justice will be served; 3. Where the resolution of the motion is addressed solely to the sound and judicious discretion of the court; and 4. Where the injustice to the adverse party is not commensurate to the degree of his thoughtlessness in not complying with the procedure prescribed. (Vette Industrial v. Cheng, G.R. No. 170232) 5. When the issue raised is important and the amount involved is substantial, the service of a motion for reconsideration upon the other party on the day following its filing with the court is substantial compliance.

Sec. 6. Proof of service necessary. No written motion set for hearing shall be acted upon by the court without proof of service thereof. Proof of the Service of the Motion, Required As a general rule, a party cannot file anything without furnishing a copy

4 If Friday is a non-working day, in the afternoon of the next working day NB: no motion day in the supreme court Sec. 8. Omnibus motion. Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. Omnibus Motion Omnibus Motion one attacking a pleading, order, judgment, or a proceeding which shall include all objections then available. An omnibus motion shall include all objections then available. All objections not so included shall be deemed waived. Omnibus Motion Rule when a motion to dismiss is filed, all grounds available at the time the motion is filed must be invoked in the motion. Grounds not so invoked are deemed waived. Where no motion to dismiss is filed, the grounds for a motion to dismiss may be availed of as affirmative defences in the answer (Sec. 6, Rule 16, Rules of Court) The rule is a procedural principle. A motion to dismiss is an example of a motion that is subject to the omnibus motion rule since a motion to dismiss attacks a complaint which is a pleading.

Valid Motion, Requisites 1. It must be in writing except those made in open court or in the course of hearing or trial; 2. It shall state the relief sought to be obtained and the ground upon which it is based; 3. It must be accompanied by supporting affidavits and other papers, if required by the Rules of Court or necessary to prove facts alleged therein. However, if the facts are already stated on record, the court can check the records; 4. There must be a notice of the hearing attached to the motion and the adverse party must receive the motion at least three (3) days before the date of hearing, unless the court, for good cause, sets the hearing on shorter notice; 5. There must be notice of hearing which must not be later than ten (10) days after the filing of the motion; and 6. There must be proof of service of the motion on the adverse party. Sec. 7. Motion day. Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a nonworking day, in the afternoon of the next working day. Schedule of Motion Hearings Motion hearings are scheduled on Friday afternoons except those motions which require urgent action. It is held on a Friday afternoon

5 Exceptions: Grounds not deemed waived even if not raised in a motion to dismiss or answer (Sec. 1, Rule 9): 1. Lack of jurisdiction over the subject matter; 2. Litis pendentia; 3. Res judicata; and 4. Prescription Sec. 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. Motion for Leave If a motion is filed, the pleading to be admitted must already be included in the motion. The pleading sought to be amended must already be included in the motion. Sec. 10. Form. The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. Forms of Motions The rule on pleadings also applies to written motions as far as (1) caption; (2) designation; (3) signature; and (4) other matters of court are concerned.