How To Write Different Kinds of Motions (Philippines)

Legal Writing
Judge Maricel M. Magpantay-Ng
RULE 15
MOTIONS
What is a motion?
A motion is an application for relief other than by a pleading. (S1 R15) In a motion, you
are asking for another relief other than the main cause of action or the main defense.
1. The motion must be in writing except those made in open court or in the course of a
hearing or trial,
2. It should state the relief sought and the grounds for it and where required by the Rules
or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits
and papers.
Requisites of a valid MOTION
Section 2 to Section 6
3. It should be set for hearing unless it is a non litigious motion or an ex parte motion. The
motion should be served in such manner as to ensure receipt by the other party at least
3 days before the hearing. ( 3 day notice requirement ) . The date of hearing must not be
later than 10 days from the date of filing of the motion .
4. It should contain a notice of hearing , which shall be addressed to all parties concerned
and shall specify the time and date of hearing.
5. If set for hearing there shall be proof of service.
The most important requirements are that the motion should be set for hearing and should
contain a notice of hearing. Without these, the motion is but a " mere SCRAP of paper."
To whom should the notice be addressed?
It is addressed to all parties concerned.
MOTION DAY
Except for motions requiring immediate action, all motions shall be scheduled for hearing
on Friday afternoons, or if Friday is a non-working day, in the afternoon of the next
working day.
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Omnibus Motion Rule
Sec 8. 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.
Cases
Llanto v. Ali Dimaporo, 16 SCRA 599 ( 1966)
Lack of previous notice of hearing of the motion to dismiss granted by the court, was fully
cured by the aggrieved party‘s motion for reconsideration which was overruled by the
court, ―and the previous objection of lack of notice or opportunity to be heard fully met.
What the law prohibits ―is not the absence of previous notice, but the absolute absence
thereof and lack of opportunity to be heard
Vlason Enterprise Corp v CA,
310 SCRA 26 ( 1999)
Service of a copy of a motion containing the time and place of hearing of that motion is a
mandatory requirement, and failure of the movants to comply with these requirements
renders their motions fatally defective.
However, there are exceptions to this rule where liberal construction has been allowed in
cases:
Tan v, CA, 295 SCRA 755 (1998)
Sec 5 of Rule 15 of the rules of court that the notice shall be directed to the parties
concerned and shall state the time and place for the hearing of motions are
mandatory.Petitioner failed to observe very elementary rules of procedure which is fatal
defect in case at bar.
1. Where a rigid application will result in a manifest failure or miscarriage of justice;

especially if a party successfully shows that the alleged defect in the questioned final and
executory judgment is not apparent on its face or from the recitals contained therein;
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
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4. Where the injustice to the adverse party is not commensurate to the degree of his
thoughtlessness in not complying with the procedure prescribed.
Kinds of Motions
LITIGIOUS - one which the court may not act upon without prejudicing the rights of the
adverse party.
NON-LITIGIOUS - one which the court may act upon without prejudicing the rights of
the adverse party.
LITIGIOUS MOTION
1. Motion for Reconsideration.
2. Motion to Dismiss.
3. Motion to declare defendant in Default.
4. Motion for Execution.
NON-LITIGIOUS MOTION
1. Motion for extension of time to file answer.
2.Motion for postponement.
3.Motion for extension of time to file record
on appeal.
4. Motion to set case for pre-trial.
3 well known Exceptions to Section1 Rule 15
Motion for Judgment to the demurrer to evidence ( Rule 33 )

Motion for Judgment on the Pleadings ( Rule 34)
Motion for Summary Judgment (Rule 35)
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Rule 16 Motion To Dismiss
SECTION 1. Grounds.—Within the time for but before filing the answer to the complaint
or pleading asserting a claim, a motion to dismiss may be made on any of the following
grounds:
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff’s pleading has been paid, waived,
abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is unenforceable under the provisions
of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with. (1a)
What are the grounds not deemed waived even if not raised in a motion to dismiss or
answer?
1. Lack of jurisdiction over subject matter

2. Litis pendentia
3. Res Adjudicata
4. Prescription.
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(Motion to Dismiss)
(CAPTION)
MOTION TO DISMISS
COMES NOW the Respondent, _____________ Inc., through the undersigned

counsel, appearing especially and solely for this purpose, and to this
Honorable Court, most respectfully moves for the dismissal of the Complaint
on the following ground that THE HONORABLE COURT HAS NOT ACQUIRED
JURISDICTION OVER THE PERSON OF THE DEFENDING PARTY.
DISCUSSION
A cursory reading of the Summons and Return of Service would readily show
that the copies of the Summons dated 08 May 2001 and the Complaint and
its corresponding annexes were allegedly delivered and tendered upon the
Movant _____________ INC. through a certain Maria Clara alleged to be the
authorized personnel of Movant _____________ INC., Bacolod City on 29
August 2001. Copies of the said Summons and Return of Service that form
part of the records on the case are hereto pleaded as integral part of this
Motion;
Said service of Summons, however, constitutes an improper service of

summons amounting to lack of jurisdiction over the person of the herein
Movant Corporation _____________ INC. since the summons was improperly
served upon a person who is not one of those persons named or enumerated
in Section 11, Rule 14 of the 1997 Rules of Civil Procedure upon whom service
of summons shall be made;
The material provision on the service of summons provided for in Section 11

of Rule 14 of the 1997 Rules of Civil Procedure reads as follows:
"Section 11. Service upon domestic private juridical entity.- When the
defendant is a corporation, partnership or association organized under the
laws of the Philippines with a juridical personality, service may be made on
the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel" (underscoring ours)
It bears no further emphasis that the service of the summons was done on a
person who is not included in the exclusive enumeration provided for under
the said Section, as service was done only on an alleged authorized personnel
of the Movant Corporation;
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This new revision of the Rules of Court for the service of summon is a clear
departure from the old rule as stated in Section 13, Rule 14 of the Rules of
Court which provided that:
"SECTION 13.Service upon private domestic corporation or partnership. - If

the defendant is a corporation organized under the laws of the Philippines or
a partnership duly registered, service may be made on the president,
manager, secretary, cashier, agent, or any of its directors."
It must be equally noted that the changes in the new rules are substantial
and not just general semantics as the new rules restricted the service of
summons on persons clearly enumerated therein. In effect, the new provision
makes it more specific and clear such that in the case of the word "manager",
it was made more precise and changed to "general manager", "secretary" to
"corporate secretary", and excluding therefrom agent and director;
The designation of persons or officers who are authorized to accept summons

for a domestic corporation or partnership is under the new rules, limited and
more clearly specified, departure from which is fatal to the validity of the
service of the summons and resulting in the failure of the court to acquire
jurisdiction over the person of the respondent corporation.
PRAYER
WHEREFORE, it is respectfully prayed that the Complaint with respect to the

Movant Corporation be dismissed for lack of jurisdiction over the person of
the defendant.
Other reliefs just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
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A Notice of Hearing is a prepared legal document that invokes all parties to hear a motion and
may be emitted by any party. ... One example is a motion to rule a defendant is not responding
to summons (to rule against the defendant automatically). Another example is a defendant's
motion to object to the summons.
NOTICE OF HEARING
Atty. _______________________
Counsel for the _______________
Counsel's Address of Record_____
Greetings: Please take notice that the foregoing Motion for _____________
shall be submitted for the consideration and approval of the Honorable Court
on Friday, __date__, at ________ (a.m./p.m.) or as soon as counsel and
matter may be heard.
COUNSEL
EXPLANATION
Copies of this Motion ________________ were filed and served by registered

mail to this Honorable Court and the public and private respondents
respectively due to lack of personnel and material time to effect a personal
service.
COUNSEL
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MOTION TO AMEND INFORMATION
Amendment of information, formal vs substantial
The rule on amendment of an information is found under Section 14, Rule 110 of the
Rules of Court: A complaint or information may be amended, in form or in substance,
without leave of court, at anytime before the accused enters his plea. After the plea and
during the trial, a formal amendment may only be made with leave of court and when it can be
done without causing prejudice to the rights of the accused. However, any amendment before plea,
which downgrades the nature of the offense charged in or excludes any accused from the
complaint or information, can be made only upon motion by the prosecutor, with notice
to the offended party and with leave of court. The court shall state its reasons in resolving
the motion and copies of its order shall be furnished all parties, especially the offended
party. If it appears at any time before judgment that a mistake has been made in charging
the proper offense, the court shall dismiss the original complaint or information upon the
filing of a new one charging the proper offense in accordance with section 11, Rule 119,provided the
accused would not be placed in double jeopardy. The court may require the witnesses to give bail
for their appearance at the trial. In fine, before the accused enters a plea, a formal or
substantial amendment of the complaint or information may be made without leave of
court. After the entry of a plea, only a formal amendment maybe made but with leave of
court and only if it does not prejudice the rights of the accused.
After arraignment, a substantial amendment is proscribed except if the same is

beneficial to the accused.It must be clarified though that not all defects in an information
are curable by amendment prior to entryof plea. An information which is void ab initio
cannot be amended to obviate a ground for quashal. An amendment which operates to
vest jurisdiction upon the trial court is likewise impermissible. [Leviste vs. Alameda. G.R.
No. 182677, August 3,2010]
Substantial amendment of information, test
A substantial amendment consists of the recital of facts constituting the offense charged
and determinative of the jurisdiction of the court. All other matters are merely of form.The
following have been held to be mere formal amendments: (1) new allegations which relate
only to the range of the penalty that the court might impose in the event of conviction; (2)
an amendment which does not charge another offense different or distinct from that
charged in the original one; (3) additional allegations which do not alter the prosecution's
theory of the case so as to cause surprise to the accused and affect the form of defense
he has or will assume; (4) an amendment which does not adversely affect any substantial
right of the accused; and (5) an amendment that merely adds specifications to eliminate
vagueness in the information and not to introduce new and material facts, and merely
states with additional precision something which is already contained in the original information and
which adds nothing essential for conviction for the crime charged. The test as to whether
a defendant is prejudiced by the amendment is whether a defense under the information
as it originally stood would be available after the amendment is made, and whether any evidence
defendant might have would be equally applicable to the information in the one form as in
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the other. An amendment to an information which does not change the nature of the
crime alleged therein does not affect the essence of the offense or cause surprise or deprive
the accused of an opportunity to meet the new averment had each been held to be one of form and not
of substance. [Ricarze v. Court of Appeals, G.R. No. 160451, February 9, 2007,515 SCRA 302] More
importantly, reinvestigation is required in cases involving a substantial amendment of the
information. Due process of law demands that no substantial amendment of
an information may be admitted without conducting another or a new preliminary
investigation. In Matalam v. The 2nd Division of the Sandiganbayan, [G.R. No. 165751,
April 12, 2005] the Court ruled that a substantial amendment in an information entitles an
accused to another preliminary investigation, unless the amended information contains a
charge related to or is included in the original Information
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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch 43, Manila
ABCDE BANK,
Plaintiff,
vs. Civil Case No. 111112

For: SUM OF MONEY
PIOLO PASCUA,
Defendant,
X
-------------------------------X
EX-PARTE MOTION TO SET CASE FOR STATUS

CONFERENCE
PLAINTIFF, through the undersigned counsel, before this Honorable Court respectfully
moves that the case be set for status conference preferably November 29, 2016 at 8:30 A.M. to
determine the status of its Motion for Execution.
PRAYER
WHEREFORE, it is respectfully prayed that the foregoing motion be granted.
Other just and equitable remedies are likewise prayed for.
Manila, November 9, 2016.
ATTY. APRIL AGOSTO
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Counsel for the Plaintiff
Branch 43, Manila
PEOPLE OF THE PHILIPPINES,

Complainant,
vs.Crim. Case No. 12345 For: ATTEMPTED MURDER
AKU SADO,
Accused,
X------------------------X
MOTION TO LIFT BENCH WARRANT
Accused, AKU SADO, through the undersigned counsel, respectfully states that:
1. The Honorable Court issued a Bench Warrant of Arrest dated June 22, 2016 directing
the apprehension of accused for failure to appear during the Pre-Trial on June 17, 2016.
2. The records of the case would show that accused was not personally informed of the
supposed pre-trial setting on the said date, resulting in his absence.
3. The Notice of Pre-Trial was sent through registered mail to the address of the accused
but per Registry Return Receipt, a certain Pedro Juan, a "security guard", received the same on
June 2, 2016.
3. The said Notice of Pre-Trial was never turned over by the said Pedro Juan to accused.
4. Accused sincerely apologizes to this Honorable Court and the other party for whatever
inconveniences his actions may have caused.
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5. Accused most respectfully begs this Honorable Court to immediately lift the bench
warrant in the interest of substantial justice.
6. Accused shall endeavor to attend all succeeding hearings in the above-captioned case.
If accused anticipates that he may not be able to appear for just and valid reasons, he shall
immediately inform this Honorable Court.
7. This motion is not intended to delay the proceedings of this case but solely for the
reasons stated above.
WHEREFORE, premises considered and in the interest of substantial justice, it is

respectfully prayed that the Bench Warrant of Arrest dated June 22, 2016, issued by the
Honorable Court against accused be lifted.
(place) , (date) .
ATTY. APRIL AGOSTO

Counsel for the Accused
NOTICE OF HEARING
THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 43
Manila
PROSECUTOR MARIEN ROVERA

Office of the City Prosecutor, Manila
ATTY. AB CD
Private Prosecutor
2233 Zamora Street, Pasay City
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Please be notified that the undersigned will submit the foregoing motion for the consideration
and approval of the Court on _________________ at ______________.
(place) , (date) .
ATTY. APRIL AGOSTO

Copy furnished by personal service:
PROSECUTOR MARIEN ROVERA

ATTY. AB CD
Private Prosecutor
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Branch 43, Manila
People of the Philippines,
- versus -
CRIMINAL CASE NO. 02-199883
Dingding Dantes,
Accused.
x - - - - - - - - - - - - - - -x
MOTION TO LIFT WARRANT OF ARREST
ACCUSED, through counsel, respectfully moves for the lifting of the Order for
issuance of warrant for his arrest issued on June 24, 2014 (copy of which is hereto
attached as Annex "A") on the following grounds:
1. Accused was never served a copy of the complaint filed against him. The records will
show that he did not receive it nor was it received by a duly authorized rep. A copy
of the sheriff's return is hereto attached as Annex "B";
2. The records will show that the accused was never served any copy of a subpoena or
notice of hearing at any stage of the proceedings. All notices appear to have been
delivered in a business establishment used to be rented by the accused in the past
which had already been closed and unoccupied long before the process was served;
3. Accused was likewise not served a notice of arraignment;
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4. Accused was therefore, not given an opportunity to be heard and effectively deprived
of hisconstitutional right to due process.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable

Court to reconsider its Order of June 24, 2015 and lift the warrant of arrest issued
against accused.
Manila, June 30, 2015.
Respectfully submitted.
ATTY. VX YZ
NOTICE OF HEARING

Manila
PROSECUTOR MARIENROVERA
ATTY. AB CD
Private Prosecutor
Greetings!
15 | P a g e
Please take notice that the undersigned counsel will submit the foregoing
Motion to the Honorable Court on July 5, 2014 at 8:30 in the morning for its favorable
consideration and approval.
VX YZ
PROSECUTOR MARIENROVERA
ATTY. AB CD
Private Prosecutor
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METROPOLITAN TRIAL COURT
Branch 61, Makati
ABCD BANK,
- versus -
CIVIL CASE NO. 199883
ELIZA SOBERANO,
Defendant.
x - - - - - - - - - - - - - - -x
MOTION FOR RECONSIDERATION

(to Set Aside Order of Default and
to Admit Attached Answer)
DEFENDANT, assisted by the Public Attorney's Office through the

undersigned counsel, most respectfully states that:
1. Defendant was declared to be in default on April 11, 2014 when she failed to file her
answer within the reglementary period. Herein attached as Annex "1" is the said
Order.
2. Defendant begs for a reconsideration of the said Order for the reason that she did not
receive a copy of the complaint nor any summons from this Honorable Court
regarding the above cited case. She only received on April 23, 2014 a copy of the
Order dated April 11, 2014, already declaring her in default. She immediately sought
assistance from the Public Attorney's Office to avail of any remedies.
3. In the interest of substantial justice and for the reason earlier stated, defendant begs
thecompassion of this Honorable Court to admit her attached Answer. Delay in the
proceedings of this case was never intended.
17 | P a g e
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of this Honorable

Court to set aside the Order of default and to admit the attached Answer.
Makati, April 30, 2015.
PUBLIC ATTORNEY'S OFFICE - Makati District Office

16th Floor Makati City Hall Building,
Makati City
By:
ATTY. ENRICO GIL

Roll No. 12345, IBP No. 123456; 01.07.14;QC
MCLE Compliance No. IV 111445522; 03.28.12
NOTICE OF HEARING
Clerk of Court
METC Branch 61, Makati City
Atty. Katheryn Bernardo

Counsel for Plaintiff
1234 Teresa Street, Makati City
Greetings:
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Please submit the foregoing for the consideration and approval of this Honorable
Court at the soonest possible time or on May 17, 2015 at 8:30 in the morning.
(Sgd.) ATTY. ENRICO GIL
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Branch 61, Makati
ABCD BANK,
- versus -
ELIZA SOBERANO,
Defendant.
x - - - - - - - - - - - - - - -x
MOTION FOR EXECUTION

Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
1. On _______________, a judgment was rendered by the Court, the dispositive portion of

which reads:
2. The judgment is final, executory and unappealable
3. The defendant has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a writ of execution

be issued to implement the judgment of the Court dated __________________.
(place) , (date) .
_______________
Plaintiff/Defendant
NOTICE OF HEARING
20 | P a g e
NAME OF DEFENDANT (If filed by the Plaintiff)
NAME OF PLAINTIFF (If filed by the Defendant)
NAME OF CLERK OF COURT
Please be notified that the undersigned will submit the foregoing motion for the
consideration and approval of the Court on _________________ at ______________.
(place) , (date) .
_______________
Plaintiff/Defendant
21 | P a g e
Branch 61, Makati
ABCD BANK,
- versus -
ELIZA SOBERANO,
Defendant.
x - - - - - - - - - - - - - - -x
MOTION FOR APPROVAL OF

COMPROMISE AGREEMENT
The parties respectfully allege that:
1. Plaintiff filed this claim against defendant for:
_____________ collection of sum of money

_____________ liquidated damages
_____________ enforcement of barangay agreement
2. The parties have come to an amicable settlement and have executed a

compromise agreement with the following terms and conditions.)
(copy terms and condition here)
The parties agree that the approval of this agreement by the Court shall put an end
to this litigation, except for purposes of execution in case of default.
WHEREFORE, premises considered, the parties respectfully pray that the court
approve this agreement and render judgment on the basis thereof.
SO ORDERED.
(place) , (date) .
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_________ __________
Plaintiff Defendant
Republic of the Philippines

National Capital Judicial Region
Branch 39
Quezon City
ABC CORPORATION,
Plaintiff,
- versus
- Civil Case No. 111222
RAYMOND CORPUZ MAPA,

Defendant.
x-------------------------------------------x
MOTION FOR EXTENSION OF TIME

TO FILE COMMENT TO OFFER OF EVIDENCE
Defendant, by counsel, respectfully alleges that:
1. On August 3, 2013, he received a copy of the plaintiff's Offer of Evidence dated

July 25, 2013. Hence, pursuant to the order of the Honorable Court in open
court during the July 22, 2013 hearing, defendant has five (5) days or until
August 8, 2013 within which to file its Comment to the same;
2. However, due to volume and pressure of work, coupled with other equally
important and urgent professional commitments, the
undersigned counsel cannot complete the said Comment to the Offer of
Evidence within the period required and will need an additional ten (10) days
from August 8, 2013 or until August 18, 2013 within which to do so;
3. This motion is being filed due to the reason above-stated and not for the
purpose of delaying the instant case.
WHEREFORE, defendant prays that he be granted an additional ten

(10) days from August 8, 2013 or until August 18, 2013 within which to submit
a Comment to the Offer of Evidence.
23 | P a g e
Quezon City, Philippines. August 30, 2013.
ATTY. VX YZ
Counsel for Defendant
NOTICE OF HEARING

RTC - Branch 39
Quezon City
Greetings!
Kindly submit the foregoing motion for consideration and approval of this
Honorable Court immediately upon receipt hereof.
VX YZ
Copy furnished by registered mail:
ATTY. AB CD
Counsel for the Defendant
Please take notice that counsel has requested for the approval of
this motion immediately upon receipt.
VX YZ
24 | P a g e
Branch LXII (62)
Makati City
AMER KADO,
Plaintiff,
- versus
KARLA BAN,
Defendant.
x-------------------------------------------x
MOTION TO INHIBIT
DEFENDANT, through the undersigned counsel, respectfully moves

this Honorable Court to desist from trying the above-entitled case on the
following averments:
1. That defendant has been summoned before this Honorable Court;
2. That it appears that there is danger of partiality, bias and prejudice in favor
of the plaintiffs for the reason that Honorable Judge Maka Tarungan is related
to the plaintiff within the 4th civil degree of consanguinity;
3. That defendant will be prejudiced if the Honorable Judge continues to hear the
above-entitled case;
4. That it is necessary that the Honorable Judge inhibit himself so as to promote

the administration of justice.
WHEREFORE, in view of the foregoing, it is respectfully prayed

that Honorable Judge Maka Tarungan inhibit himself from hearing and trying
the above-entitled case.
Makati City, Philippines. August 5, 2013.
ATTY. BEN TONG

25 | P a g e
NOTICE OF HEARING

MeTC - Branch 62
Makati City
ATTY. BEN TAMBLING

Greetings!
Motion to the HonorableCourt on August 27, 2013 at 8:30 in the morning for
its favorable consideration and approval.
BEN TONG
ATTY. BEN TAMBLING

EXPLANATION
Due to lack of messengerial services to effect personal service, a copy

of the foregoing motion was sent to
defendant's counsel through registered mail.
BEN TONG
tional Capital Judicial Region

Branch LXII (62)
Makati City
26 | P a g e
STERLING BANK OF ASIA,
Plaintiff,
- versus
ELLA CORPUZ MAPA,

Defendant.
x-------------------------------------------x
MOTION FOR JUDGMENT ON THE PLEADINGS
Plaintiff, by counsel, respectfully alleges that:
1. On May 5, 2013, plaintiff sued defendant for a sum of money in the amount of
Two Hundred Thousand Pesos (P200,000.00);
2. In his Answer, defendant admitted the obligation and merely stated that he
was asking to be given an extension of time to pay his obligation but that
plaintiff instead filed the Complaint;
3. Said Answer has not tendered any issue and in fact it can be read therefrom
that defendant admitted the obligation; consequently, a judgment on the
pleadings may be rendered.
WHEREFORE, it is respectfully prayed that this Honorable Court render

a judgment on the pleadings.
ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 62
Makati City
ATTY. AB CD
27 | P a g e
Greetings!
Motion to the Honorable Court on August 27, 2013 at 8:30 in the morning for
its favorable consideration and approval.
VX YZ
ATTY. AB CD
EXPLANATION
Due to lack of messengerial services to effect personal service, a copy

of the foregoing motion was sent to defendant's counsel through registered
mail.
VX YZ
28 | P a g e
Branch 1, Manila
____________________,
Plaintiff,
-versus- Civil
Case No.
For ______________
______________________,
Defendant.
x------------------x
MOTION FOR NEW TRIAL

Defendant (or plaintiff), by his undersigned attorney, respectfully moves
that the decision of this Honorable Court dated June 10, 2013 and received
on June 27, 2013 be set aside and new trial be granted on the following
grounds:
GROUNDS
(state the grounds provided for in Rule 37, Rules of Court)
ARGUMENTS
(state the reasons in support of the ground/s mentioned)
WHEREFORE, it is respectfully prayed that decision of this Honorable Court

be set aside and new trial be granted.
Other just and equitable reliefs are also prayed for.
Manila, 29 November 2013
Atty. Y
29 | P a g e
(With Notice of Hearing, Proof of Service and Explanation)

Branch LXI (61)
Makati City
- versus
- Crim. Case Nos. 555555
ROD SANTOS y PEREZ,

Accused.
x----------------------------------------x
MOTION FOR PERMANENT DISMISSAL
ACCUSED, assisted by the undersigned counsel, unto this Honorable

Court, most respectfully alleges that:
1. On 02 September 2012, an Order was issued by this Honorable Court dismissing

the case provisionally with the expressed conformity of the accused. Attached
is a copy of the said Order hereto marked as Annex "1" and forms and integral
part hereof;
2. Under the Rules on Criminal Procedure, the provisional dismissal of the

offenses punishable by imprisonment not exceeding six (6) years, shall
become permanent one (1) year after the issuance of the order without the
case having been revived;
3. A year had already lapsed, and the prosecution has not instituted any action to
revive the case; hence, accused respectfully moves that the case be
permanently dismissed.
WHEREFORE, premises considered, accused most respectfully moves

for the permanent dismissal of this case.
Other reliefs just and equitable in the premises are likewise sought.
30 | P a g e
Makati City, Philippines. September 2, 2013.
ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 61
Makati City
Greetings!
Please submit the foregoing motion to the Honorable Court on

September 18, 2013 at 8:30 in the morning for its favorable consideration
and approval.
VX YZ
PROSECUTOR WX
Office of the City Prosecutor, Makati City
ATTY. AB CD
Private Prosecutor

Branch 147
Makati City
Plaintiff,
Crim Case No. 12345
versus - for
Frustrated Murder
31 | P a g e
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x
OMNIBUS MOTION FOR PRELIMINARY

INVESTIGATION WITH MOTION
TO DEFERARRAIGNMENT AND TO SUSPEND
PROCEEDINGS
Accused, through the undersigned counsel, unto this Honorable

Court, respectfully states:
1. That the instant case was file by virtue of an Inquest Proceedings conducted
by Inquest Prosecutor Jeri Koh on February 20, 2014;
2. That the herein accused failed to submit any counter affidavit or any
controverting evidence in his behalf;
3. That the accused believes that if he will be given an opportunity to answer the
charges against him, the resolution could have been different;
4. That the accused most respectfully prays that a preliminary investigation for
the instant cases be conducted before the Office of the Provincial Prosecutor;
5. That this motion is not intended for delay but solely for the above-mentioned
grounds.
WHEREFORE, premises considered, and in the interest of substantial

justice it is humbly prayed that the instant Motion be granted and the records
of the instant case be transmitted to the Office of the Provincial Prosecutor
for the conduct of Preliminary Investigation. Movant further prays for the
deferment of the arraignment and for the suspension of proceedings pending
resolution of preliminary investigation.
Other just and equitable reliefs are likewise prayed for.
26 February 2014
City of Makati.
32 | P a g e
ATTY. VX YZ
NOTICE OF HEARING

Makati City
Greetings!
Please submit the foregoing motion for the kind consideration and
approval of the Honorable Court upon receipt hereof.
VX YZ
PROSECUTOR WXYZ
ATTY. AB CD
Private Prosecutor
33 | P a g e
Branch 67
Makati City
ABC CORPORATION,
Plaintiff,
- versus

Defendant.
x-------------------------------------------x
MOTION FOR PRODUCTION OF DOCUMENTS
PLAINTIFF, by counsel, moves for an order requiring defendant

Raymond Corpuz Mapa:
1. To produce and permit plaintiff to inspect and to copy each of the

following documents:
(Here, list the documents and describe each of them)
2. To produce and permit plaintiff to inspect and to photograph each of

the following objects:
(Here, list the objects and describe each of them)
3. To permit plaintiff to enter (here describe property to be entered)

and to inspect and photograph (here describe the portion of the real property
and the objects to be inspected and photographed)
Defendant has the possession, custody or control of each of the

foregoing documents and objects and of the above-mentioned real estate.
Each of them constitutes or contains evidence relevant and material to the
matter involved in this action.
34 | P a g e
ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 67
Makati City
Greetings!
Please submit the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof and kindly include the same in the
court’s calendar for hearing on Friday, 27 September 2013 at 8:30 in the
morning
VX YZ
Copy furnished:
ATTY. AB CD
Please take notice that counsel has requested to be heard on Friday,

27 September 2013 at 8:30 in the morning.
VX YZ
35 | P a g e
Branch 43, Manila
HONORABLE JUDGE MANUELA LORENZO
People of the Philippines,
- versus -
CRIMINAL CASE NO. 02-199883
Name of Child, Age,

Child.
x - - - - - - - - - - - - - - -x
MOTION FOR RELEASE ON RECOGNIZANCE

With Entry of Special Appearance
THE above-named child, through counsel, who hereby respectfully enters a

special appearance solely for the purpose of securing his provisional liberty, unto this
Honorable Court, invoking his special entitlement as a child under Philippine and
international law, respectfully moves for his release on recognizance, on the ground
that, to wit:
1. The child hereby respectfully applies for release on recognizance pursuant to the Rule
on Juveniles in Conflict with the Law [Administrative Memorandum No. 02-1-18-SC],
issued by the Honorable Supreme Court, providing for the following, thus, to wit:
"Section 16. - When Bail A Matter of Right. - xxx However, where the juvenile
does not pose a threat to public safety, the Family Court may, motu proprio or upon
motion and recommendation of the DSWD, release the juvenile on recognizance to
the custody of his parents or other responsible person."
36 | P a g e
2. This motion is also in line with Article 191 of Presidential Decree 603, otherwise known
as the Child and Youth Welfare Code, as amended, and Section 8 of the Rules and
Regulations on the Apprehension, Investigation, Prosecution and Rehabilitation of
Youth Offenders, mandating law enforcers to divert and turn over children at the
point of arrest to the custody of social workers and/or responsible members of the
community, and Section 8 of Republic Act 8369 or the Family Courts Act of 1997,
providing children with alternatives to imprisonment such as community continuum,
counseling, conflict resolution seminars, essay writing, apology, community service,
etc.;
3. The said child failed to post the required bail bond;
4. MRS. Name of Mother and/or other proposed custodian, mother of the said child,
residing at ____________________________________, Manila, is willing to take
the said child into her own custody pending the trial of this case;
5. The said parent hereby undertakes to guarantee the child’s appearance whenever so
required before this Honorable Court, pursuant to the herewith attached Affidavit of
Undertaking executed by her and marked as Annex A;
6. The pertinent provisions of the Family Courts Act of 1997 (Republic Act 8369),
together with its progenitor, the UN Convention on the Rights of the Child and other
international instruments, accord special protection to children accused of violating
the law;
7. The United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(BeijingRules), specifically Article 13.1 thereof, provides:
"13. Detention Pending Trial.
13.1. Detention pending trial shall be used only as a measure of last resort and for the
shortest possible period."
37 | P a g e
8. By virtue of the Beijing Rules and in the advent of the Family Courts Act of 1997,
detention should be undertaken by the state only as a measure of last resort and
only for the shortest possible period;
9. Both international human rights law and Philippine laws mandate the state to observe
the best interest of the child principle (UN Convention on the Rights of the Child) as
well as the principle of diversion enshrined under Section 8 of the Family Courts Act
of 1997 (RA 8369) and under Sections 4 (f-g) and Sections 20-24 of the Rule on
Juveniles in Conflict with the Law as well as Article 11, Section 11.1 to 11.4 of the
United Nations Standard Minimum Rules for the Administration of Juvenile Justice
(Beijing Rules) in order to avoid the contact of children and youth with the criminal
justice system which criminological findings show merely traumatize, criminalize,
and alienate them from society.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed unto this Honorable

Court that the above-named child be released on recognizance pending the trial of
the instant case.
Manila, October 28, 2006.
(Sgd.) Perfecto Caparas

Counsel for Child Movant
Coalition to Stop Child Detention Through Restorative Justice
Attorneys Roll No. 39200
IBP Lifetime Membership Roll No. 00277/IBP Manila III Chapter
38 | P a g e
NOTICE OF HEARING
THE ASSISTANT CITY PROSECUTOR
OFFICE OF THE PROSECUTOR
City Hall, Arroceros, Manila
Greetings:
Please take notice that the undersigned shall submit the foregoing for the
consideration and approval of the Honorable Court immediately on
________________, 2006, at 8:30 a.m., or as soon thereafter as the Honorable City
Prosecutor may properly be heard thereon.
(Sgd.) Perfecto Caparas
39 | P a g e
Branch 67
Makati City
______________________,
Plaintiff,
- versus
- Civil Case No. ______
______________________,
Defendant.
x-------------------------------------------x
MOTION TO INTERVENE
COMES NOW X, by his under signed counsel, to this Honorable Court

respectfully prays that he be permitted to intervene in this case as a party
plaintiff (or as a party defendant) on the ground that he has legal interest in
the matter under litigation, and that he may be adversely affected in these
proceedings as shown in the attached Complaint-in-Intervention (or answer
in intervention).
WHEREFORE, it is respectfully prayed that X be allowed to intervene

as party plaintiff (or defendant) and the attached complaint be admitted and
served on the defendant (or answer be admitted and X be allowed to serve
copy of the same to the Plaintiff).
ATTY. VXYZ
40 | P a g e
Branch LXIII (63)
Makati City
XYZ CORPORATION,
Plaintiff,
- versus - Civil Case No. 123456
RODA M. PEREZ,
Defendant.
x----------------------------------------x
MOTION TO ORDER THE SHERIFF

TO MAKE A RETURN
PLAINTIFF, by counsel, before this Honorable Court, most

respectfully moves that the Sheriff of this Honorable Court, be ordered to
make the Sheriff's Return on the summons intended for the defendant. The
Complaint was filed as early as March 6, 2013, and to date, plaintiff still has
not received the Sheriff's Return.
WHEREFORE, it is respectfully prayed that the foregoing motion be

granted.
Other reliefs just and equitable are also prayed for.
Makati City, Philippines. August 12, 2013. REPUBLIC OF THE PHILIPPINES

ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 63
Makati City
Greetings!
41 | P a g e
Kindly set and submit the foregoing Motion for the consideration and
approval of this Honorable Court immediately upon receipt hereof.
VX YZ

Branch LXIII (63)
Makati City
XYZ CORPORATION,
Plaintiff,
- versus - Civil Case No. 123456
RODA M. PEREZ,
Defendant.
x----------------------------------------x
MOTION TO PLEAD AS INDIGENT
_____________________, unto this Honorable Court, respectfully alleges that:
1. I am a resident of ___________________; .
2. My gross income and that of my immediate family does not exceed

__________________;
3. I do not own real property with an assessed value of more than (amount as provided in
the Revised Rules of Court, as amended) as shown by the attached Certification issued by the
Office of the City/Municipal Assessor and the City/Municipal Treasurer’s Office;
4. Due to financial constraint, I cannot afford to pay for the expenses of a court litigation as
I do not have enough funds for food, shelter and other basic necessities;
5. Should the court render judgment in my favor, the amount of the docket and other legal
fees which I was exempted from paying shall be a lien on the judgment, unless the court orders
otherwise.
42 | P a g e
WHEREFORE, premises considered, it is respectfully prayed that I be exempted from the
payment of docket and other legal fees as indigent pursuant to Section 21, Rule 3, in relation to
Section 18, Rule 141 of the Revised Rules of Court.
Other reliefs just and equitable under the premises are likewise prayed for.
_________________________, Philippines, (date).
Plaintiff
43 | P a g e
Branch 1, Manila

Plaintiff,
-versus-
Crim Case No. _____
For ___________________
______________________,
Accused.
x------------------x
MOTION TO QUASH
Accused, by his undersigned attorney, respectfully moves to quash the

information filed against him on the ground that:
(state one or more grounds provided for in Rule 117, Rules of Court)
ARGUMENTS
(state the reasons in support of the ground/s mentioned)
WHEREFORE, it is respectfully prayed that the information filed against the

accused be dismissed.
Other just and equitable reliefs are also prayed for.
Manila, 29 November 2013
Atty. Y
Counsel for Accused
44 | P a g e
Branch LXIII (63)
Makati City
- versus - Crim. Case

Nos. 123456 & 555555
ROD MAPA y PEREZ,

Accused.
x----------------------------------------x
MOTION FOR REDUCTION OF BAIL
ACCUSED, assisted by the undersigned counsel, unto this Honorable

Court, most respectfully alleges that:
1. The accused has been charged with Malicious Mischief and Attempted Homicide;
2. Consequently, warrants of arrest were issued against accused and the bail for
his provisionalliberty has been set at P12,000.00 for Malicious Mischief and
P15,000.00 for Attempted Homicide with a total of P27,000.00 for the two
cases;
3. Accused desires to post the required bail but due to financial constraints
considering that he is jobless and is only depending upon his family, he can
only raise the amount of P12,000.00 for the two cases.
WHEREFORE, in view of the foregoing, it is most respectfully prayed

that Accused be allowed to post his bail bond for the above two (2) cases at
a reduced CASH BOND in the total amount Twenty-Seven Thousand Pesos
(P27,000.00).
Other reliefs just and equitable in the premises are likewise sought.
45 | P a g e
ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 63
Makati City
Greetings!
Please submit the foregoing motion to the Honorable Court on August

27, 2013 at 8:30 in the morning for its favorable consideration and approval.
VX YZ
PROSECUTOR WXYZ
ATTY. AB CD
Private Prosecutor
46 | P a g e
Branch 67
Makati City
Plaintiff,
Crim Case No. 123
versus for
Frustrated Homicide
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x
EX PARTE MOTION TO RELEASE BAIL
Accused, through the undersigned counsel, unto this Honorable

Court, respectfully states:
1. That accused posted bail for his provisional liberty in the above-entitled
case as evidenced by Official Receipt No. 222224, dated March 4, 2011, a
copy of which is hereto attached as Annex “A” and made an integral part
hereof;
2. That in the Judgment of the Honorable Court promulgated on July 24, 2013,
the accused was acquitted of all charges and liabilities;
3. However, the said Judgment failed to provide for the release of the bail bond
posted by the accused.
WHEREFORE, in view of the foregoing, accused most respectfully prays

that his cash bail bond be released.
Other just and equitable reliefs are likewise prayed for.
47 | P a g e
15 August 2013
City of Makati.
ATTY. BEN TONG

NOTICE OF HEARING

MeTC - Branch 67
Makati City
Greetings!
Being a non-litigated motion, please submit the foregoing motion for

consideration and approval of this Honorable Court immediately upon receipt
hereof.
BEN TONG
48 | P a g e
Branch 67
Makati City
Plaintiff,
Crim Case No. 123456
versus -
for:
THEFT
AKU SADO,
Accused.
x - - - - - - - - - - - - - - - - - - - - -x
MOTION TO SET CASE FOR ARRAIGNMENT
ACCUSED, represented by the PUBLIC ATTORNEY’S OFFICE, to this

Honorable Court, most respectfully states, that:
1. The accused in the above-entitled case is under preventive imprisonment

and currently detained at the Makati City Jail;
2. Pursuant to accused’s constitutional right to speedy trial, there is a need to

set the immediate arraignment of the accused.
WHEREFORE, it is most respectfully prayed of this Honorable Court that

the case be immediately set for arraignment of the accused..
06 January 2014
City of Makati
PUBLIC ATTORNEY'S OFFICE
Makati City
By: Atty. Public Attorney
49 | P a g e
PROS. JUST PANTAY

Office of the City Prosecutor
Makati City
50 | P a g e
Branch 67
Makati City
ABC CORPORATION,
Plaintiff,
- versus

Defendant.
x-------------------------------------------x
EX-PARTE MOTION TO SET CASE FOR PRE-

TRIAL
PLAINTIFF, by counsel, through the undersigned counsel unto

this Honorable Court, most respectfully moves that the instant case be set for
pre-trial considering that the issues have been joined by the filing of
defendant's Answer.
WHEREFORE, in view of the foregoing, it is most respectfully prayed

that the instant case be immediately set for pre-trial.
ATTY. VX YZ
NOTICE OF HEARING

MeTC - Branch 67
Makati City
Greetings!
51 | P a g e
Being a non-litigated motion, please submit the foregoing motion for
consideration and approval of this Honorable Court immediately upon receipt
hereof.
VX YZ
Copy furnished:
ATTY. AB CD
Please take notice that counsel has requested for the approval of
this motion immediately upon receipt.
VX YZ
52 | P a g e
MUNICIPAL TRIAL COURT IN CITIES
CEBU CITY
BRANCH 61

Complainant,
vs.Crim. Case No. 123456

For:
RECKLESS IMPRUDENCE
RESULTIN
G IN DAMAGE TO PROPERTY
AKU SADO,
Accused,
X--------------
----------X
MOTION FOR RE-RAFFLE
PRIVATE COMPLAINANT Jose De Juan, through the undersigned counsel, respectfully

states that:
1. Private complainant was informed that this case will no longer be heard by Hon. Presiding
Judge Mario De Pedro but by the Hon. Pairing Judge Ana Dela Cruz of Branch 63.
2. However, this case was originally raffled to Branch 63 presided by Hon. Dela Cruz and
was re-raffled to this branch after the Judicial Dispute Resolution failed.
3. Considering that Hon. Dela Cruz had previously heard private complainant's side during
the JDR, the Consolidatedand Revised Guideline on JDR disqualifies her from further trying this
case.
53 | P a g e
4. Consequently, private complainant respectfully submits that this case ought to be
immediately referred to the Office of the Clerk of Court for re-raffling to another branch of this
court.
WHEREFORE, it is respectfully prayed that this case immediately be referred to the Office
of the Clerk of Court for re-raffling.
(place) , (date) .
ATTY. APRIL AGOSTO

19 Gorordo Ave., Lahug, Cebu City
Roll No. 666777
IBP No. 222222/ 1-03-2016/Cebu City
PTR No. 111111/ 1-03-2016/Cebu City
MCLE Compliance No. IV-555566
With my conformity:
PROSECUTOR MARIEL ROVERA

Office of the City Prosecutor, Cebu City
NOTICE OF HEARING

Municipal Trial Court in Cities, Branch 61
Cebu City

ATTY. RAUL DE PEDRO

Private Prosecutor
1234 Lopez Jaena Street, Cebu City
54 | P a g e
Please be notified that the undersigned will submit the foregoing motion for the consideration
and approval of the Court on _________________ at ______________.
ATTY. APRIL AGOSTO


ATTY. RAUL DE PEDRO

Private Prosecutor
1234 Lopez Jaena Street, Cebu City
55 | P a g e

How To Write Different Kinds of Motions (Philippines)

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Legal Writing

Judge Maricel M. Magpantay-Ng

Requisites of a valid MOTION

5. If set for hearing there shall be proof of service.

It is addressed to all parties concerned.

Llanto v. Ali Dimaporo, 16 SCRA 599 ( 1966)

Vlason Enterprise Corp v CA,

310 SCRA 26 ( 1999)

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 well known Exceptions to Section1 Rule 15

Motion for Judgment to the demurrer to evidence ( Rule 33 )

1. Lack of jurisdiction over subject matter

COMES NOW the Respondent, _____________ Inc., through the undersigned

Said service of Summons, however, constitutes an improper service of

The material provision on the service of summons provided for in Section 11

"SECTION 13.Service upon private domestic corporation or partnership. - If

The designation of persons or officers who are authorized to accept summons

WHEREFORE, it is respectfully prayed that the Complaint with respect to the

Other reliefs just and equitable are likewise prayed for.

_____________, Philippines, __Date__.

Copies of this Motion ________________ were filed and served by registered

Amendment of information, formal vs substantial

After arraignment, a substantial amendment is proscribed except if the same is

Substantial amendment of information, test

vs. Civil Case No. 111112

EX-PARTE MOTION TO SET CASE FOR STATUS

WHEREFORE, it is respectfully prayed that the foregoing motion be granted.

Other just and equitable remedies are likewise prayed for.

Manila, November 9, 2016.

ATTY. APRIL AGOSTO

PEOPLE OF THE PHILIPPINES,

vs.Crim. Case No. 12345 For: ATTEMPTED MURDER

MOTION TO LIFT BENCH WARRANT

WHEREFORE, premises considered and in the interest of substantial justice, it is

Other just and equitable remedies are likewise prayed for.

ATTY. APRIL AGOSTO

THE BRANCH CLERK OF COURT

PROSECUTOR MARIEN ROVERA

ATTY. APRIL AGOSTO

Copy furnished by personal service:

PROSECUTOR MARIEN ROVERA

People of the Philippines,

CRIMINAL CASE NO. 02-199883

MOTION TO LIFT WARRANT OF ARREST

3. Accused was likewise not served a notice of arraignment;

WHEREFORE, premises considered, it is respectfully prayed unto this Honorable

Other just and equitable remedies are likewise prayed for.

Manila, June 30, 2015.

Counsel for the Accused

THE BRANCH CLERK OF COURT

Copy furnished by personal service:

CIVIL CASE NO. 199883

MOTION FOR RECONSIDERATION

DEFENDANT, assisted by the Public Attorney's Office through the

WHEREFORE, premises considered, it is respectfully prayed of this Honorable

Other just and equitable remedies are likewise prayed for.

Makati, April 30, 2015.

PUBLIC ATTORNEY'S OFFICE - Makati District Office

ATTY. ENRICO GIL

Atty. Katheryn Bernardo

(Sgd.) ATTY. ENRICO GIL

_________, Philippines, Date.