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SUMMARIZED CIVIL PROCEDURE

(RIANO Discussion)

CHAPTER I: Fundamental Concepts


I. The Basics of Civil Litigation Process
1st: Preparation of the complaint- lawyers meticulously pours over the following:

Cause of action vs. right of action.


-There is no right of action where there is no cause of action.
-Cause of action is determined by the allegations in the complaint not by the prayer.

Court having Jurisdiction.


-Wrong Jurisdiction -> motu proprio dismissal. Not waivable.

Venue
-Wrong Venue -> dismissal upon motion. Waivable

Real party in interest

Prescription.
-If prescribed -> ground for dismissal

Conditions precedent (e.g. brgy conciliation, exhaust admin remedies, etc)

State ultimate facts. Evidence is presented in the trial proper.

Relief prayed for

Dated and signed


- Signed by the party OR his counsel.
- If not signed-> no legal effect.
- If counsel signs - it is a certification by him that he has read the pleading, that to the
best
of his knowledge, information, and belief, there are good
grounds to support it and that
it is not interposed for delay.

Address of the party OR counsel.

Should it be verified?
- GR: No
- EXCEPT: law of Rule requires it. (e.g. summary procedure, certiorari, mandamus, etc)

Certification against forum shopping


- Violation -> dismissal upon motion

Provisional remedies ( depends upon nature of action)

2nd: Filing of complaint- act of presenting the same to court

Complaint filed + payment of docket fees = court acquires jurisdiction

GR: must be accompanied by payment of docket or filing fees


-SC Rule: relaxed it. May pay within a reasonable time BUT not beyond the prescriptive period.
-Rule applies even on appeal.

Dismissal of action by plaintiff

Before defendant answers


Notice of dismissal.
GR: A matter of right
EXP: class suit (need court approval)
GR: Dismissal is without prejudice to its later
re-filing.
Exp: 1) notice states otherwise
2) covered by 2 dismissal rule.

GR: Dismissal is without prejudice to its later


re-filing.
Exp: court order states otherwise

Amendment of complaint:

Before responsive pleading

After responsive pleading

A matter of right- if court refuses to


accept, remedy is mandamus.
* motion to dismiss is NOT a responsive
pleading

Must be made with leave of court

Availed only once

When amendment may be denied:


1) Amendment was intended for delay
2) No longer a matter of right
3) Drastic change in the cause of action or defense or a change in the theory of the case
4) No jurisdiction over the subject matter of the action and the amendment is for the purpose of
conferring
jurisdiction upon the court where amendment is no longer a matter of right
(since no jurisdiction over the action-> no jurisdiction to act on motion to amend)

Amendment by implication
- When issues not raised in the pleadings are tried with the implied consent of the parties. When
this
occurs,
the issues tried with consent of the parties shall be treated as if they had
been raised in the pleadings.

3rd: Service of summons/voluntary appearance

Job of clerk of court

Coercive process which places the person under court jurisdiction

Purpose:
1) Comply with constitutional due process;
2) Direct defendant to file an answer;
3) Acquire jurisdiction over defendant

How to serve:
- To be served in person or through substituted service
- Publication is not recognized

Defendants procedural options: not required to outright file an answer ; within compliance period
1) Answer
2) Complaint ambiguous-> file motion for bill of particulars
3) Has ground -> motion to dismiss
4) Does not answer -> judgment by default

4th: Answer


default

Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and thus put to
issue.
- Failure to file -> entitles plaintiff to file motion to declare defendant in default. judgment by

Denial must be specific.


- No specific denial-> deemed admitted

No denial made -> no triable issue -> judgment on the pleadings

Judgment on the pleadings vs. summary judgment

Judgment on the
pleadings

Summary judgment

Based entirely on pleadings

Based on pleadings, affidavits, depositions

no denial was made

admissions made

No triable issues

No genuine issue. Does not concern material


fact

Counterclaim, cross-claim, 3rd party complaint, reply, intervention

5th: Pre-trial ( mandatory)

In this stage the following are considered: amicable settlement, adr


Modes of discovery

6th: Trial

Plaintiff presents evidence -> defendant may:


1) present own evidence
2) demurrer to evidence
- if denied: may still present own evidence
- granted BUT reversed on appeal -> waive right to present own evidence

7th: Judgment

Official determination of rights and obligation


Personally and directly prepared by judge
Stating clearly the facts and law
Signed by him
Filed with clerk of court
Date on entry judgment = date of finality of judgment

8th: Post- judgment remedies

BEFORE judgment becomes final and executory


a) Motion for reconsideration
b) Motion for new trial
c) Appeal

AFTER judgment becomes final and executory


a) Petition for relief
b) Action to annul judgment
c) Certiorari

Depending upon the circumstances, he may be allowed to attack the judgment collaterally.

9th: Execution of judgment

when remedies have been exhausted

enforcement of the judgment

II. POWERS OF THE SUPREME COURT


Rule making power of SC:
- Power to promulgate rules concerning pleading, practice, and procedures of the courts
- Limitations:
a) Must be simplified and inexpensive. Speedy disposition of cases
b) Uniform in all courts
c) Not diminish, increase or modify substantive right
- versus Legislative power
- SC no longer shares it with Congress. Has the sole prerogative.

Liberal construction of R o C
-Construed in order to promote their objective of securing a just, speedy, and inexpensive
disposition of every
action or proceeding.
- Free from the constraints of technicalities
- Must facilitate and not frustrate justice
- Equity jurisdiction: disregards procedural lapses and decides base on merits.
- SC has allowed liberal construction in the ff:
a) Rigid application will result in miscarriage of justice
b) Substantial justice be served
c) Where any resolution is addressed solely to the discretion of court
d) Where injustice to the adverse party is not commensurate to the degree of this
thoughtlessness of
not following the procedure prescribed
- But this is not a license to violate procedural requirements
- invoking liberal construction requires the party to justify the same

Power of SC to suspend its own rules or to except a case from its application when the circumstances so
warrant.
-SC allowed it in the ff:
a) Special or compelling circumstances
b) Merits of the case
c) Cause not entirely attributable to person benefited by such suspension
d) Other party will not be unjustly enriched
- GR: compliance with the procedural rules
EXCEPT: abandonment or suspension.

Power to amend rules


- To establish simplified and inexpensive process and speedy disposition of cases
- To overturn judicial precedents

Power to stay proceedings and control its process


- stay is inherent and incidental to control
- Power to reverse itself

III. The Rules of Court

R o C constitutes the body of rules governing pleading, practice, and procedure

R o C are not Laws because they do not originate in the Legislative


Have force and effect of Law because they are promulgated by authority of Law

Substantive Law vs. Remedial Law

Substantive Law

Remedial Law

Creates, defines, and regulates right duties


concerning life, liberty, and property.

Prescribes the methods of enforcing those rights


and obligations created by substantive law

When violated gives rise to a cause of


action

Prospective effect of Rules of Court


-GR: no retroactive effect
GR: applicable to pending and undetermined cases at the time of their passage
EXCEPT:
1. Statute itself or by necessary implication provides otherwise
2. Application impairs vested rights
3. Not feasible or would work injustice
4. Application would involve intricate problems of due process or impair the
of the court

independence

Case: Neypes vs. CA


On fresh period of 15 day
which standardized
within which to file the notice

-Court applied to pending actions a new rule promulgated through case


the period for appeal by allowing a fresh period of 15 days
of appeal in the RTC, counted from 1. Receipt of original decision
2. Receipt of the order dismissing a motion for new trial or motion

for
reconsideration.
-EXCEPT: To the extent that in the opinion of the court their
not be feasible or would work an

application would
injustice

Application of R o C
- Civil actions, criminal actions, special proceedings
- Applies in all courts, except as SC provided otherwise
- Inapplicable to: election cases, land registration cases, cadastral cases, naturalization cases,

insolvency
proceedings (except by analogy or in suppletory character and whenever practicable and
convenient).

-R

o C not strictly observed in administrative proceedings. They only apply in a suppletory

character.
- Scope: ordinary civil actions, provisional remedies, special civil actions

IV. Philippine Courts

Courts: an organ of government belonging to the judicial department the function of which is the
application of the
laws to controversies brought before it as well as the public administration
of justice.
Court vs. Judge

Court

Judge

Tribunal officially assembled under the


authority of law

Simply an officer of such tribunal

Organ of government with personality distinct


from the person or judge who sits
Illusory

Physical person

office

Public officer

The circumstances of the court are not affected by the circumstances of the judge.
Death of the judge does not mean the death of the court.

Courts of law and equity. Thus, both legal and equitable jurisdiction is dispensed with in the same tribunal.

Equity jurisdiction: Power of the court to resolve issues presented in a case in accordance with the natural
rules of fairness and justice in the absence of a clear, positive law governing such issues.
-Denotes concept of fairness, justice, and right dealing among men. Regards spirit of the
Justice outside legality.
- Applies when there is no law applicable.
- If there is a law, it will only supplement the law.

Principle of judicial hierarchy


- Ladderized scheme which requires that lower courts initially decide on a case before it is considered
by a higher court.
- SC is a court of last resort.
- Application on extraordinary writs: issuance thereof is concurrent in all courts. ONLY in
instances where it is absolutely necessary or where serious and important reasons clearly
and specifically expressed in the petition exist that the SC may issue the same.

When the Principle of judicial hierarchy may be disregarded


- If warranted by the nature and importance of the issues raised in the interest of speedy justice and to
avoid future
litigations. This in accord with the liberal interpretation of RoC.

Doctrine of non-interference or doctrine of judicial stability


-courts of equal and coordinate jurisdiction cannot interfere with each others orders.
- doctrine applies to administrative bodies.

Types of courts:
a) Constitutional court- one directly created by a direct constitutional provision.
b) Statutory court- one created by law other than the constitution
Note: the Sandiganbayan was created by a Batas Pambansa.
c) Civil courts- determine controversies between private persons
d) Criminal courts- those which adjudicate offenses alleged to have been committed against the state
Note: Philippine courts exercise both criminal and civil jurisdictions
e) Courts of record- those which keep a written account of its proceedings. There is a presumption as to the
veracity of its records that cannot be collaterally attacked except for fraud.
f) Courts not of record- those which are not bound to keep records
Note: all Phil courts are now required to be court of record.
g) Superior court- one with controlling authority over other courts
h) Inferior court- one which is subordinate to another court, the judgement of which may be reviewed by a
higher tribunal.
Note: a court is superior or inferior in relation to another court

Types of Jurisdiction:
i) Courts of general jurisdiction- those with competence to decide on their own jurisdiction and to take
cognizance of all cases (eg. RTC)
j) Special/ limited jurisdiction- those which have only a special jurisdiction for a particular purpose OR are
clothed with special powers for the performance of specified duties beyond
which they have no authority.
k) Original jurisdiction- when actions or proceedings are originally filed with it
l) Appellate jurisdiction- when it has the power of review over the decisions of the lower court.
m) Concurrent jurisdiction- ( coordinate jurisdiction) - power of different courts to take cognizance of the same
subject matter.
-Court first taking cognizance of the case assumes jurisdiction to the exclusion of
the other courts.
-concurrent jurisdiction among different courts of different ranks is subject to the
doctrine of hierarchy of courts.

Original vs. Exclusive jurisdiction

Original Jurisdiction

Exclusive Jurisdiction

Jurisdiction to take cognizance of a


case at its inception, try it and pass

Precludes the idea of co-existence and refers to


jurisdiction possessed to the exclusion of others

law.

judgment upon the law and facts


A court may be conferred both original and exclusive jurisdiction over a particular
subject matter.

Katarungang Pambaranggay Law (RA 7160)


- Barangay conciliation

- Legally, there is no barangay court.


- The proceedings before the Lupong Tagapamayapa or the Pangkat ng Tagapagkasundo of
not judicial proceedings.
- Lupon/ Pangkat - they resolve disputes or attempt to do so through mediation or conciliation
- Aim: reduce work load of the courts.
- Lupon/ Pangkat no adjudicatory powers. Any adjudicatory powers they have must be
parties in writing.

Importance
- Condition precedent but non-jurisdictional.
- Absent -> ground for motion to dismiss, but NOT motu proprio.
- Waivable.
- If not raised seasonably can no longer be raised.
- Dismissal is without prejudice to re-filing.

Steps:
How initiated:
- Complain orally or in writing before the chairman of the Lupon ( who is the punong
barangay)
- Payment of appropriate filing fees
- Chairman summons the respondents within the next working day
- Parties must appear in person
GR: without counsel or representatives
EXCEPT: Minors and incapacitated who may be accompanied by their relatives
of next kin who are not lawyers.
- Parties must only be natural persons
- Resolves within 15 days
- If he fails to resolve, he shall set a date to constitute the Pangkat.
- Amicable settlement NOT reached-> certification by the Lupon or Pangkat
- Unless AS is repudiated -> sufficient basis for certification

Subject matter for settlement:


GR: ALL
EXCEPT:
1) Where one party is the government/its subdivision or instrumentality
2) Where one party is a public officer concerning his performance of official functions
3) Offenses where imprisonment exceeds 1 year or a fine exceeding P5,000
4) Where no private offended party
5) Disputes involving real property located in different cities/ municipalities
UNLESS parties agree to submit their differences to the appropriate Lupon.
6) Parties who reside in different barangays
EXCEPT where such barangay adjoins each other and parties agree to submit
their differences to an appropriate Lupon.
NOTE: Barangay conciliation NOT MANDATORY where the parties are actual
residents in the same city, municipality or adjoining barangays.
7) Those which the President may determine in the interest of justice UPON
recommendation of the Sec of Justice.

Referral to the Lupon by the court:


The court in which NON-CRIMINAL CASE is filed may MOTU PRO PRIO refer the case, AT ANY
TIME BEFORE TRIAL, to the Lupon concerned FOR AMICABLE SETTLEMENT

Amicable settlement: shall be in writing; language known to parties; signed by them; attested by the lupon
chairman or pangkat

Effects of Amicable settlement:


- Have the effect of a final judgment of a court upon the expiration of 10 days from the date
thereof
UNLESS:
1) Repudiation of the settlement has been made by filing with the lupon chair
man a statement to that effect sworn before him where consent is vitiated by
fraud, violence, or intimidation
2) a petition to nullify the award has been filed before the proper court

the barangay are

agreed upon by the

Execution of award or settlement:


- Issued upon the expiration of 10 days from the date of settlement or receipt of the award.
- May be enforced by the Lupon within 6 months from:
a) The date of settlement, or
b) Date of receipt of award, or
c) The date the obligation stipulated, or
d) Adjudged in the settlement becomes due and demandable.
-If settlement or award has not been complied with: disputants may file a motion with the
punong barangay, copy furnished to other disputants

V. Pleadings in Civil Cases

Nature: WRITTEN statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Importance
-

necessary to invoke jurisdiction of courts ( done by filing)


Absent: judgment is Void
designed to present, define and narrow down the issues
limit the proof to be submitted in the trial
advise the court and the adverse party of the issues and what are relied upon as cause of action or defenses

Construction: liberally construed so as to do justice, the intention of the pleader is controlling


Substance NOT form
Rule: parties are bound by the allegations, statements or admission
made in his pleadings and cannot be permitted to take a contradictory position.
-

Ambiguity: construed most strongly against the pleader and no presumption in his favor.

Phil system of pleading: Code Pleading - pleadings are based on codified rules or written set of procedure as distinguished
from common law procedure.
Pleadings under different rules:
Rules of Court

Summary Procedure

(ALLOWED)

(ALLOWED)

Complaint, answer, counterclaim,


crossclaim, 3rd,4th- party
complaint, complaint-inintervention, reply

Complaint, compulsory
counterclaim, cross-claim pleaded in
the answer, answers thereto

Writ of Amparo/HD
(NOT ALLOWED)
In addition to RoC not allowed are:
counterclaim, cross-claim, 3rdparty complaint, reply,
pleadings-in-intervention

FORM:
-Caption contains: name of the court, title of the action, docket number is assigned
-Title contains: names of the parties and their participation indicated. (plaintiff/ defendant)
It is not the caption but the allegations contained therein which determine the nature of the action
and relief sought. Thus, the court may pass upon the real issues as raised in the allegations.
- Body of the pleading: sets forth its designation, allegations, reliefs, and date.
Shall be divided into paragraphs and shall be so numbered for ready identification (numbers

used as referrals)

Two or more causes of action shall be designated 1st, 2 nd, 3rd cause of action.

Allegations of ultimate facts:


- Must state only Ultimate Facts: facts essential to ones coa/ defense.
Stated in a logical form and in a plain and concise manner.
- Must not state : if stated -> subject to motion to strike.
* conclusion of law ( rationale: made by court)
* statements of mere evidentiary facts ( rationale: presented during trial)

Relief ( prayer/ wherefore clause) :


- Must contain an statement of the relief sought
- Must be specified but may include a general prayer
- Relief not part of the statement of coa. Does not also limit the issues.
- Court may grant relief not prayed for, for as long as the relief is warranted by the allegations of the complaint
and the proof.

Signature and Address:


- Signed by the plaintiff OR counsel, indicating address of either
- Absent notice of change of address to court-> service made at the last address of their counsel of record.
- Unsigned pleading -> GR: produces no legal effect

BUT: court may allow to sign it if plaintiff proves that lack of it is a result of mere
inadvertence and not to delay proceedings.
-Counsel at fault-> subjected to disciplinary action
if counsel signs- it is a certification by him that he has read the pleading, that to the best of his know
ledge, information, and belief, there are good grounds to support it and that it is not interposed for
delay.
-Counsel subject to disciplinary actions in CONNECTION to pleadings when:
1) Deliberately files unsigned pleading
2) Signs pleading in violation of RoC
3) When he alleges in the pleading scandalous or indecent matter
4) He fails to promptly report the court the change of address.
Act of signing is personal to him and cannot be delegated to non-lawyer. Maybe delegated to a lawyer.
(Code of Professional Responsibility)
- If signed by non-lawyer-void, cannot be ratified.

Verification in a pleading
- Must be under oath.
Significance: intended to secure that the allegations are true and correct and not mere imaginations/
speculations, AND that it is made in good faith.
-GR: Pleading need not be verified.
EXCEPT: law or rule requires otherwise
- Absence-> will be treated as unsigned. Hence, no legal effect
- Formal defect. Pleading is NOT defective. Hence, court may order it to be CORRECTED or ACT on it even if
not verified.
- Corrected by making an oath
- A pleading, if required, is verified by an affidavit. It declares that:
a) That affiant has read the pleading
b) That the allegations therein are true and correct
c) Of his personal knowledge
d) Based on authentic records

Other requirements:
Indicate
Professional Tex Receipt Number (PTRN), current
IBP Official Receipt Number, Roll of Attorneys
Number
Number and date of issue of their MCLE
certificate of Compliance or Certificate of
Exemption

Effect if absent
Non-compliance within 5 days after notice:
a) will not be acted upon by court
b) disciplinary actions to the counsel
c) contempt of court by the counsel
Would cause dismissal of the case and expunction of
the pleadings from the records.

Certification against Forum Shopping (Mandatory)


Meaning: sworn statement certifying the following matters:
1) The party has not comment or files any claim involving same issues in an tribunal AND to the best
of his knowledge, no such other action or claim is pending
2) That if there is such, a complete statement of the present status thereof
3) That if he should learn that the same or similar action is pending, he shall report such fact within 5
days to the court where he filed it.
- Applies to special civil actions
- Pleading requiring CA FS:
Complaint and other initiatory pleadings (e.g. permissive counterclaim, cross-claim, 3rd,4th party
complaint, complaint in intervention, petition or any application in which a party asserts a claim).
Does not cover compulsory counter claim, answer with a counter claim

- Who executes: the plaintiff or principal party, signed by the party himself and not by his counsel
If made by counsel: it is defective and a valid cause for dismissal
Rationale: it is the party himself who is in the best position to know if there are other similar cases.
If plaintiff is a juridical person: person duly authorized by the corporation and has personal know
ledge of the facts required to be disclosed in the certification. (e.g. company lawyer)

4 violations related forum shopping:


Violations

Effect

Non-compliance with submission of certification


- dismissal without prejudice

a) Dismissal of the case by motion and NOT motu proprio


- motion and hearing is required
- dismissal made is without prejudice, unless court orders
otherwise
-order of dismissal is non-appealable.
Rationale: dismissal is without prejudice. Remedy is
appropriate civil action under rule 65.
b) Not curable by mere amendment.

Forum shopping proper


- dismissal with prejudice

- Effect if deliberately done:


a) summary dismissal of the case
- no motion to dismiss or hearing is required
- dismissal is with prejudice
b) disciplinary actions to the counsel
c) direct contempt of court by the counsel
d) not cured by submitting certification after.

Submission of False certification

a)indirect contempt without prejudice to administrative and


criminal sanctions

Non-compliance with the certifications undertaking


NOTE: the failure to submit a certification against forum shopping is a ground for dismissal, separate and distinct from the forum
ground for dismissal.

shopping as a

-Forum shopping happens when:


a) After an adverse decision, the party seeks another decision in a different tribunal other than by appeal or
certiorari
b) Where he simultaneously or successively seeks favorable decisions over different courts
- Abuse of court processes
- Malpractice
- Test to determine existence of FS:
1. WON the elements of lis pendentia are present
2. WON a final judgment in one case will result to res judicata in another
Thus, identify the a) Parties or at least such parties as those representing the same interest in both actions,
b) Their rights or causes of action,
c) Identity of relief sought
- Liberal interpretation applied:
SC may suspend such rule in the interest of justice
If several parties, certification made by one is enough. Substantial compliance.
Belated submission may be allowed by SC.

VI. Filing and Service of pleadings, Judgments and other papers in civil cases

Paper required to be filed and served:


-judgement
-resolutions
-orders
-pleadings
-notices
-appearances
-demands
-offers of judgments
-similar papers

Filing- act of presenting the pleading or other papers to the clerk of court
- Two modes of Filing:
a) presenting the original copy of the
pleading, etc

b) registered mail

Date of filing: CoC shall indicate or endorse on the


pleading or paper filed, the date and hour of filing.

Date of mailing as shown by the post office stamp on the


envelope or registry receipt shall be the date of filing.

How proved: existence in the record of the case or by


written or acknowledged stamp of its filing by the clerk
of court

By registry receipt and by the affidavit of the person who


did the mailing, containing a full statement of the date
and place of depositing the mail in the post office in a
sealed envelope addressed to the court, with postage
fully prepaid, and with instructions to the postmaster to
return the mail to the sender after 10 days if not
delivered.

Service - act of providing a party with a copy of the pleading or paper concerned.

Modes of Service
Personal service

Service by mail

Preferred
Violation -> treated as if not filed

Substituted service

GR: Written explanation why this is used instead of


personal service.
Violation -> treated as if not filed.
EXCEPT: those documents coming from courts

HOW:

GR: registered mail

a) delivering a copy of the papers

EXCEPT: ordinary mail when no

serve personally to the party or his


counsel;

registry of service is available in the


locality of either the sender or the
addressee.

Last resort

b) leaving a copy in his office with his


clerk or a person having charge
thereof
if non-> by leaving a copy at the
partys or counsels residence, with a
person of sufficient age and
discretion residing therein between 8
in the morning to 6 in the evening.
Deemed complete: upon actual
delivery

Effected by delivering the copy to the


clerk of court, with proof of failure of
both personal service and service by
mail.

Done by depositing the copy in the post


office, in a sealed envelope, plainly
addressed to the party or his counsel at
his office, if known, or otherwise at his
residence, if known, with postage fully
prepaid and with instructions to the
postmaster to return the mail to the
sender within 10 days it not delivered.
a) Registered mail- upon actual receipt by
the addressee, or after 5 days from the
date he received the first notice of the
postmaster, whichever is earlier.

Complete at the time of delivery of the


copy to the clerk of court.

b) Ordinary mail- upon expiration of 10


days after mailing, unless the court
otherwise provides.
How to prove:
a) Consist of the written admission of the party served.
b) Official return of the server
c) Affidavit of the party serving, containing full information
of the date, place, and manner of service.

a) Affidavit of the person mailing of the facts showing


compliance with sec 7, rule 13.
b) Registry receipt issued by the mailing office.
Registry return card: to be filed immediately upon its receipt
by the sender, or in lieu thereof the unclaimed letter together
with the certified or sworn copy of the notice given by the
postmaster to the addressee

VII. Motion in Civil Cases

Motion- an application for relief other than by a pleading

Form:
- GR: In writing
EXCEPT: those motions made in open court
: motions made in the course of the hearing of the trial
- Rules that apply to pleadings shall also apply to written motions ( captions, designation, signature, other
matters)

Contents:
a) a statement of the relief sought to be obtained
b) grounds upon which the motion is based
c) the supporting affidavits and other papers. (Applies only when mandated by the rules or when necessary to
prove the facts stated in the motion).

Hearing of the Motion


-hearing set not later than ten days after filing of the motion.
GR: every motion is a litigated motion ( one which requires parties to be heard before a ruling on the motion
made by court) (e.g. motion to dismiss, summary judgment)
EXCEPT: ex parte motion ( one which does not require that the parties be heard and which the court may act
upon without prejudicing the rights of the party) ( motion to set for pre-trial, extension of time)

A motion that does not meet requirements set by the rules is treated as a mere scrap of paper.
Notice of the motion:
- Motion which contained the notice of hearing on the motion shall be served in such manner as to ensure
receipt by the other party at least 3 days before the date of hearing. Unless, coury for good cause sets the
hearing on shorter notice.

- Addressed to all parties concerned


- It shall specify the time and date of hearing.

Service of the motion:


- Motion must be served upon the other party
- No proof of service-> shall not be acted by court

Motion day
GR: Friday afternoons
EXCEPT: a) Friday is non-working-> next working day

Failure to comply -1. set motion for hearing


2. give notice of hearing
3. service of motion
Effect: Mere scrap of paper.
- It is pro forma presenting no question which the court could decide.
- Does not stop the running of the period for filing

Omnibus Motion Rule


-Rule which requires that every motion that attacks a pleading, judgment, order, or proceeding, shall include all grounds then
available and all objections not so included shall be deemed waived.
GR: All objections not so included shall be deemed waived.
EXCEPT: lack of jurisdiction, litis pendencia, res judicata, prescription
Illustration:
a) grounds available at the time motion to dismiss was filed: no cause of action, no jurisdiction, statute of frauds, improper venue,
and prescription.
b) movant only assailed the first 3.
c) motion was denied.
d) Answer: thus, improper venue is waived BUT prescription is not waived