The rules on Motion is provided in Rule 15 of the 2019 Amended Rules of Court in the Philippines.
Table of Contents
Defining Motion
What is a Motion?
A Motion is defined as an application for relief other than by a pleading, as provided in Sec. 1, Rule 15 of the 2019 Amended Rules of Court:
Section 1. Motion defined. – A motion is an application for relief other than by a pleading. (1)
How can Motions be made?
A Motion can be performed in two (2) ways:
- Writing
- Exception: those made in open court or in the court of a hearing or trial
The ways in Motions can be made is provided in Sec. 2, Rule 15 of the 2019 Amended Rules of Court:
Section 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.
A motion made in open court or in the course of a hearing or trial should immediately be resolved
in open court, after the adverse party is given the opportunity to argue his or her opposition thereto.
When a motion is based on facts not appearing on record, the court may hear the matter on
affidavits or depositions presented by the respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions. (2a)
Effect of a motion made in open court or in the course of a hearing or trial
A motion made in open court or in the court of hearing or trial should immediately be resolved in open court after the adverse party is given the opportunity to argue his or her opposition to such motion, as provided in Sec. 2, Rule 15 of the 2019 Amended Rules of Court.
When a motion is based on facts not appearing on record,
Contents of a Motion
A motion contains the relief sought and grounds such relief. If required, supporting affidavits and other papers would be attached to it. Contents of a motion is provided in Sec. 3, Rule 15, of the 2019 Amended Rules of Court.
Section 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. (3)
What are the contents of a Motion?
The following are the contents of a motion, as provided in Sec. 3, Rule 15 of the 2019 Amended Rules of Court:
- Relief sought to be obtained
- The grounds upon which it is based
- Supporting Affidavits and other Papers
- If required by these Rules or necessary to prove facts alleged therein
Types of Motions
There are two (2) types motion: Non-Litigious Motions and Litigious Motions.
Non-Litigious Motions
Non-Litigious are which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions, as provided in Sec. 4, Rule 15 of the 2019 Amended Rules of Court:
Section 4. Non-litigious motions. – Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions. These motions include:
- a) Motion for the issuance of an alias summons;
- b) Motion for extension to file answer;
- c) Motion for postponement;
- d) Motion for the issuance of a writ of execution;
- e) Motion for the issuance of an alias writ of execution;
- f) Motion for the issuance of a writ of possession;
- g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
- h) Other similar motions.
These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof. (n)
What are the kinds of non-litigious motions?
The following are non-litigious motions as provided in Sec. 4, Rule 15 of the 2019 Amended Rules of Court:
- a) Motion for the issuance of an alias summons;
- b) Motion for extension to file answer;
- c) Motion for postponement;
- d) Motion for the issuance of a writ of execution;
- e) Motion for the issuance of an alias writ of execution;
- f) Motion for the issuance of a writ of possession;
- g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
- h) Other similar motions.
Can non-litigious motions be set for hearing?
No, the 2019 Amended Rules of Court expressly prohibits the setting of a hearing for non-litigious motions.
When should the court resolve the non-litigious motions?
The court shall settle the motion within five (5) calendar days from the receipt of the said motion.
Litigious Motions
Litigious motions are enumerated in Sec. 5(a), Rule 15 of the 2019 Amended Rules of Court:
Section 5. Litigious motions. –
(a) Litigious motions include:
- 1) Motion for bill of particulars;
- 2) Motion to dismiss;
- 3) Motion for new trial;
- 4) Motion for reconsideration;
- 5) Motion for execution pending appeal;
- 6) Motion to amend after a responsive pleading has been filed;
- 7) Motion to cancel statutory lien;
- 8) Motion for an order to break in or for a writ of demolition;
- 9) Motion for intervention;
- 10) Motion for judgment on the pleadings;
- 11) Motion for summary judgment;
- 12) Demurrer to evidence;
- 13) Motion to declare defendant in default; and
- 14) Other similar motions.
(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party.
(c) The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition. (n)
How are litigious motions served to the other party?
The rules for the service of Litigious motions are provided in Sec. 5(b), Rule 15 of the 2019 Amended Rules of Court:
(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party.
What the are methods which motions are served to the other party?
The following are the ways which motions may be served to the opposing party:
- Personal Service;
- Accredited Private Courier;
- Registered Mail; or
- Electronic Means
How can a party oppose the litigious motion?
The opposing party shall file an "Opposition to a litigious motion" within five (5) calendar days from the receipt of the Litigious Motion.
This is provided in Sec. 5(c), Rule 15 of the 2019 Amended Rules of Court:
(c) The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition. (n)
How much time is the court given to resolve the motion?
The court is given within 15 calendar days from the receipt of the opposition or expiration of period to file the opposition to resolve the motion.
Is a Hearing required on Litigious Motions?
A hearing on a litigious motion is only discretionary upon the court, as provided in Sec. 6, Rule 15 of the 2019 Amended Rules of Court:
Section 6. Notice of hearing on litigious motions; discretionary. – The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing. (5a)
Why should a hearing on litigious motions issued?
A hearing would only be made for a motion if the court deems it necessary for its resolution, as provided in Sec. 6, Rule 15 of the 2019 Amended Rules of Court.
How should a Notice of Hearing for a motion be issued?
A Notice of Hearing for a Motion is addressed to all parties concerned and specifies the time and date of the hearing, as provided in Sec. 6, Rule 15 of the 2019 Amended Rules of Court.
Section 6. Notice of hearing on litigious motions; discretionary. – [xxx] The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing. (5a)
What should be attached to a Motion?
A Proof of Service is necessary is for the court to act upon a Motion, as provided in Sec. 7, Rule 15 of the 2019 Amended Rules of Court.
Section 7. Proof of service necessary. – No written motion shall be acted upon by the court without proof of service thereof, pursuant to Section 5(b) hereof. (6a)
Other Motions
Motion to Sever Misjoinder of Cause of Action and Proceed separately
Motion to sever misjoinder of Causes of Action and proceed separately
Section 6. Misjoinder of causes of action. – Misjoinder of causes of action is not a ground for dismissal of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be severed and proceeded with separately. (n)
Motion Day
Motion Day is when the hearing for a litigious motion is set to be held, which is Friday, as provided in Sec. 8, Rule 15 of the 2019 Amended Rules of Court.
An exception to Motion Day are Motions that require immediate action.
Section 8. Motion day. – Except for motions requiring immediate action, where the court decides to conduct hearing on a litigious motion, the same shall be set on a Friday. (7a)
Omnibus Motion Rule
The Omnibus Motion Rule states that 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, as provided in Sec. 9, Rule 15 of the 2019 Amended Rules of Court.
Section 9. Omnibus motion. – Subject to the provisions of [S]ection 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. (8a)
An Omnibus Motion in itself is not a Motion but a rule governing how motions should be filed by the movant.
The purpose of the Omnibus Motion Rule is to avoid multiple objects, as stated in Aquino v. Aure (2008):
"The spirit that surrounds the foregoing statutory norm is to require the party filing a pleading or motion to raise all available exceptions for relief during the single opportunity so that single or multiple objections may be avoided"
An example of a Motion attacking a pleading are the following:
- Motion to dismiss
- Affirmative Defenses
Motions attacking a Judgment:
- Motion for a New Trial
- Motion for Consideration
However, the abovementioned rule also provides that it is subject to Sec. 1, Rule 9 of the 2019 Amended Rules of Court regarding Effect of Failure to Plead:
Section 1. Defenses and objections not pleaded. – Defenses and objections not pleaded either in a motion to dismiss or in the answer are deemed waived. However, when it appears from the pleadings or the evidence on record that the court has no jurisdiction over the subject matter, that there is another action pending between the same parties for the same cause, or that the action is barred by a prior judgment or by statute of limitations, the court shall dismiss the claim. (1)
An exception to the Omnibus Motion Rule are the following which shall then cause for the dismissal of the claim:
- The court has no jurisdiction over the subject matter,
- There is another action pending between the same parties for the same cause, or
- Action is barred by a prior judgment or
- Statute of limitations.
Motion for Leave
A Motion for Leave is simply asking the court for permission for the party to perform an act such as a pleading or motion. In addition, a motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought, as provided in Sec. 10, Rule 15 of the 2019 Amended Rules of Court:
Section 10. 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. (9)
An example of Motion for Leave is provided in Sec. 3, Rule 10 of the 2019 Amended Rules of Court regarding filing an amendment by leave of court.
- Sec. 11, Rule 6 regarding filing of Third or Fourth party complaint
- Sec. 10, Rule 11 regarding filing of counterclaim after the relevant filing period
- Sec. 14, Rule 14 regarding service of summons upon foreign private juridical entities
- Sec. 16, Rule 14
- Sec. 17, Rule 14
- Sec. 18, Rule 14
- Sec. 19, Rule 14
- Sec. 1, Rule 19 regarding Intervention
- Sec. 4, Rule 25 regarding Interrogatories to Parties
Form of a Motion
The form of written motions shall conform to the rules of pleadings in the following aspects:
- Caption
- Designation
- Signature,
- and other matters of form
This is provided in Sec. 11, Rule 15 of the 2019 Amended Rules of Court:
Section 11. Form. – The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. (10)
Prohibited Motions
The following are prohibited motions explicitly provided in Sec. 12, Rule 15 of the 2019 Amended Rules of Court:
Section 12. Prohibited motions. – The following motions shall not be allowed:
(a) Motion to dismiss except on the following grounds:
- 1) That the court has no jurisdiction over the subject matter of the claim;
- 2) That there is another action pending between the same parties for the same cause; and
- 3) That the cause of action is barred by a prior judgment or by the statute of limitations;
(b) Motion to hear affirmative defenses;
(c) Motion for reconsideration of the court’s action on the affirmative defenses;
(d) Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;
(e) Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11; and
(f) Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon.
A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt. (n)
Motion for Postponement
A Motion for Postponement is generally prohibited except for the following grounds:
- Acts of God;
- Force majeure; or
- Physical inability of the witness to appear and testify.
A Motion for Postponement, whether written or oral, shall be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt. (n)
Dismissal with prejudice
An order granting a motion to dismiss or an affirmative defense due to the following grounds shall result in the barring of refiling of the same action or claim:
- that the cause of action is barred by a prior judgment or
- by the statute of limitations;
- that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise extinguished;
- or that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds.
The proper remedy when a case has been dismissed with prejudice is an appeal.
This is provided in Sec. 13, Rule 15, of the 2019 Amended Rules of Court:
Section 13. Dismissal with prejudice. – Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute of limitations; that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds, shall bar the refiling of the same action or claim. (5, R16)