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MARCH 21 Section 11. Form. The Rules applicable to pleadings shall

apply to written motions so far as concerns caption,
MOTIONS designation, signature, and other matters of form.
SAME WITH OLD RULE (Sec 10)
Section 1. Motion defined. — A motion is an application
for relief other than by a pleading. (1a) Note: Such motions should be immediately resolved in
open court, after the adverse party is given the opportunity
Q: Is a motion a pleading? to argue his or her opposition. However, when the motion
A: No is based on facts not appearing on record, the court may
(NOTE: As per Atty. Buanviaje’s opinion, a motion is a conduct a hearing to:
pleading, in line with the definition of a pleading.) 1. Hear the matter on affidavits or depositions
Pleading v. motion presented by the parties, or
2. The court may direct that the matter be heard
Pleading motion wholly or partly on oral testimony or depositions.
In writing? Yes [Sec 1, Rule Yes, except: [Sec. 2, Rule 15]
6] 1. Made in open
court; or CHECKLIST: Formal Req + Other Req, (both under rule 7)
2. In the course + Rule 15
of hearing or
trial [Sec 2, Rule FORMAL REQUIREMENTS
15]
Can be Yes No I. CAPTION (Sec.1, R7)
initiatory? a. Name of the court
Order on such Yes No b. Title of the action
stated in i. Names of the parties
judgment? ii. Designation of parties
content Contains Contains (plaintiff [person filing
allegations of allegations suit] /defendant [person sued]
facts [Sec. 3, of the ultimate ; petitioner [person filing a
Rule 15] facts petition/appelant] /respondent
[Sec. 1, Rule 8] [usually in opposition to a
Prayer for YES YES petition or an appeal])
relief? c. Docket number, if assigned
II. BODY (R15, Sec 3)
a) Relief sought to be obtained,
Section 2. Motions must be in writings. — All motions b) Grounds upon which it is based, and
shall be in writing except those made in open court or in the c) Supporting affidavits and other papers if:
course of a hearing or trial. i. Required by the ROC, or
ii. Necessary to prove facts alleged
therein.
A motion made in open court or in the course of a hearing
or trial should immediately be resolved in open court, after III. SIGNATURE AND ADDRESSES, DATE
the adverse party is given the opportunity to argue his or (Sec. 3, Rule 7)
her opposition thereto.
OTHER REQUIREMENTS (Counsel’s details):
When a motion is based on facts not appearing on record, 1. Integrated Bar of the Philippines (IBP) No.
the court may hear the matter on affidavits or depositions 2. Roll No.
presented by the respective parties, but the court may direct 3. Mandatory Continuing Legal Education (MCLE)
that the matter be heard wholly or partly on oral testimony No.
or depositions. 4. Professional Tax Receipt (PTR) No.
FORM RULE 15
GR: In writing The rules applicable to pleadings shall apply 1. Notice of Hearing (If litigious motion upon
to written motions so far as concerns caption, designation, discretion of court) [please see if correct]
signature, and other matters of form. [Sec. 11, Rule 15] 2. Proof of Service (Sec. 7, Rule 15)
EXC: Oral Motions made in: Rule as to verification of motions (PJA Notes)
1. Open court or GR: Need not be verified;
2. The course of a hearing or trial EXC: Motions for reconsideration of resolutions to the
Prosecutors Office (Manual for Prosecutors Office

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. [Sec. 10, Rule 15]
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.
SAME WITH OLD RULE (Sec 9)
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. (3a)
Contents of motion
d) Relief sought to be obtained,
e) Grounds upon which it is based, and
f) Supporting affidavits and other papers if:
iii. Required by the ROC, or
iv. Necessary to prove facts alleged
therein.
Examples of motions which requires affidavits
1. Chattel mortgage; Of good faith;
2. New trial; Of merits
2 KINDS OF MOTIONS
1. Non - Litigious Motion (Section 4)
2. Litigious Motion (Section 5)
What are Litigious Motions
One which requires the parties to be heard before a ruling
on the motion is made by the court.
Non-Litigious Motions
Motions which the court may act upon without prejudicing
the rights of adverse parties. Such motions shall not be set
for hearing and the court shall resolve the motion within
5 calendar days from receipt of the motion.
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.
NOTE:
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The original Section 4 on hearing of motion was deleted.
Prior to the amendment, all motions that the court cannot
act on without prejudicing the rights of the adverse party
must be set for hearing.
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.
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.
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.
OLD RULE NEW RULE
SECTIONS 4-5
Section 4, Rule 15 under The new Sections 4 and
the old rule was a 5 now enumerate which
mandatory requirement and motions are litigious and
failure to comply with the non-litigious. Non
same renders the motion litigious motions are
fatally defective. It was those that the court may
required that the litigious act on without
motion should be set for prejudicing the rights of
hearing within 10 days the adverse party, and in

from filing of the motion which case, the motion
and the other party must be shall not be set for
given notice thereof at least hearing and shall just be
3 days before the hearing resolved by the court
on the motion. This was within 5 calendar days
also known as the 3-day from receipt thereof.
notice rule. The foregoing
jurisprudential
pronouncement and rule no
longer holds true with the
amendment.
if the written motion set for there is no need to
hearing has no proof of comply with the 3-day
service, ie, no compliance notice, since there is
with the 3-day notice rule, generally no hearing on a
then the court shall not act motion, unless the court,
on the same. in its discretion, sets the
same for hearing if
necessary. What is only
needed now is to ensure
service of the motion or
to give notice thereof on
the other party and to
provide the court proof
of the same.
it is during the motion From notice of the
hearing where the parties motion by the other
will know how much time party, said party shall
they will have to file their already file his
comment on/opposition to opposition to the motion
the motion, and the reply to within 5 calendar days
said comment/opposition, if from said receipt.
the court allows.
parties could be given 10- only an opposition is
15 days within which to file allowed within the
said comment/opposition or period of 5 calendar days
reply. from receipt of the
motion, and thereafter,
no other pleadings shall
be allowed.
not present under the old The court only has 15
rule calendar days from
receipt of the opposition
within which to resolve
the motion.
SECTION 6
Hearing is mandatory Hearing is discretionary.
The court may, in its
discretion and if it deems
necessary for resolution,
call a hearing on the
motion.
PURPOSE of notice and due process is still
hearing: observed since if it is a
litigious motion, the
“unless the movant sets the other party shall be given
time and place of hearing, opportunity to be heard
the court will be unable to by filing his opposition
determine whether the to the motion within 5
adverse party agrees or calendar days from
objects to the motion, and if receipt thereof. This may
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he objects, to hear him on be waived by not filing
his objection. The objective said opposition. Also, in
of the rule was to avoid a the court’s discretion, a
capricious change of mind hearing may be
in order to provide due conducted on the motion
process to both parties and if it is necessary. There
ensure impartiality in the is only no hearing when
trial.” it is a non-litigious
motion that the court
may resolve without
prejudice to the other
party.
As for litigious motions as provided under the new Section
5, there must be service on the other party of the motion by
any of the following modes of service:
1. personal;
2. accredited private courier;
3. registered mail; or
4. electronic means, that would ensure receipt by
the other party.
Note that electronic means of service requires the consent
of the other party or upon direction of the court, pursuant to
Section 9 of Rule 13. There must also be proof of notice of
the written motion on the other party, which must be related
to Section 17, Rule 13 on Proof of Service.
Without that proof of service, the court will not act on such
motion.
Note that the motion to dismiss is under the litigious
motion. And the same provision provides for how the same
shall be resolved, as earlier mentioned. Hence, this renders
nugatory the provisions on hearing and resolution on
motion to dismiss under Rule 16, Sections 2 and 3.
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.
OLD (Sec. 7) NEW (Sec. 8)
where the movant set the GR: the motion day, in
hearing on a Friday by instances where the court
stating the date thereof in decides to conduct hearing
the Notice of Hearing in on a litigious motion, will
the Motion, which must only be set on Fridays,
be set within 10 days from
filing and with notice to EXC: unless there are
the other party at least 3 motions that require
days before said motion immediate action.
hearing.
Now, only motions that
the court decides in its
discretion needs hearing
will be set for such hearing
Motion Day
General Rule: Where the court decides to conduct a
hearing on a litigious motion, it shall be set on a Friday.

Exception: When a motion requires immediate action.
[Sec. 8, Rule 15]
Section 9. Omnibus Motion. Subject to the provisions of
Section 1 of Rule 9, a motion attacking a pleading, order,
judgment, or proceeding shall include all objections then
available, and all objections not so included shall be
deemed waived.
SAME WITH OLD RULE (Sec 8)
An omnibus motion is a motion attacking a pleading,
order, judgment, or proceeding.
Omnibus motion rule requires all objections available to
be stated, and all objections NOT stated are deemed
waived.
General rule: A motion attacking a pleading, order,
judgment, or proceeding shall include all objections then
available. All objections not included in the motion are
deemed waived [Sec. 9, Rule 15]
Purpose: To require the movant to raise all available
exceptions for relief during a single opportunity so that
multiple and piece-meal objections may be avoided. [
Exceptions: Non-waivable grounds under Sec. 1, Rule 9,
namely:
a. Lack of jurisdiction over subject matter
b. Litis pendentia
c. Res judicata
d. Prescription [Sec. 9, Rule 15]
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.
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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.
[NOTES FROM SENGA:]
This is a new insertion. There was no provision on
prohibited motions under the old rules. Rule 16 on
Motions to Dismiss has been deleted because its
provisions have been either deleted or transferred under
different rules.
NEW RULE:
MOTION TO DISMISS shall not be allowed
EXC: Non-waivable grounds under Section 1, Rule 9.
With the deleted Rule 16, no period is provided under the
rules when such motion to dismiss may be filed. In any
case, it appears unnecessary to provide a period to file a
motion to dismiss since the grounds under Sec. 1, Rule 9,
are non-waivable.
However, the effect of this is unlike the old Section 1, Rule
16 in relation to Section 4, Rule 16, where the time to file
an Answer would be tolled by a motion to dismiss, with the
deletion of said Rule 16, it appears that the period to file an
Answer will no longer be tolled by the filing of a Motion to
Dismiss. The deletion of such provision shows the intention
to do away with such rule.
Notably, even without a motion to dismiss, if those
grounds are apparent, the court, under Section 1, Rule 14,
may already dismiss the case.
Thus, the court may dismiss the case motu proprio on
grounds under Section 1, Rule 9, or a motion to dismiss
will be filed therefor, anytime, but it will not toll the period
to file an Answer.
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. (2a)
It appears that the other grounds for motion to dismiss
previously under Rule 16 may no longer be availed of.
There appears to be a discrepancy, since under Section 13,
Rule 14, it would seem that there may be a motion to
dismiss based on lack of jurisdiction of the person, which
would be remedied by deputizing the counsel of defendant
to serve summons on said defendant.

Section 13, Rule 14 states that if the improper service of
summons is “questioned”. Since it does not expressly state
that the manner is by motion to dismiss, then it would
appear that there is actually no discrepancy and hence, the
jurisdiction over the person may be assailed but not by
motion to dismiss, since it is a prohibited pleading, because
the ground does not fall under Sec. 1, Rule 9. It thus
appears that lack of jurisdiction over the person and all
other grounds not included in Section 1, Rule 9, may only
be assailed by affirmative defense in his Answer, pursuant
to Section 12, Rule 8. These affirmative defenses, not
falling under Section 1, Rule 9, or not falling under Section
5(b) of Rule 6, shall be resolved by the court within 30
calendar days from filing an answer. That is why a motion
to hear affirmative defense is now a prohibited pleading.
Under Section 6 of the old Rule 16, the grounds to dismiss
pleaded as an affirmative defense may be set for
preliminary hearing. Now, with this new Section 12, Rule
15, to be read in relation to Section 12 of Rule 8, there is no
more motion for preliminary hearing or hearing on the
affirmative defense, since the rules require that the court
resolve the grounds for dismissal pleaded as affirmative
defense (if not falling under Sec. 1, Rule 9 and Section 5
(b), Rule 6), to be resolved within 30 calendar days from
filing of answer. If the grounds fall under Sec. 1, Rule 9 or
Section 5 (b) Rule 6, the court may conduct a summary
hearing within 15 calendar days from filing of answer and
the court shall resolve the affirmative defenses within 30
calendar days from termination of summary hearing. The
court’s action on the affirmative defenses cannot be
assailed by motion for reconsideration as well because that
is a prohibited motion.
Note that Section 12, Rule 8 also provides that if the
affirmative defense is denied, it shall not be subject of a
motion for reconsideration or a petition for certiorari,
prohibition or mandamus, but may be among the matters to
be raised on appeal after a judgment on the merits. So a
denial of affirmative defense is not subject of a motion for
reconsideration.
It is uncertain under the amended rule, whether a ruling in
favor of the affirmative defense cannot also be the subject
of a motion for reconsideration – since categorically states
the following is a prohibited pleading: “Motion for
reconsideration of the court's action on the affirmative
defenses”. The term action did not distinguish whether it is
favorable or not. It would thus appear that if the court rules
in favor of an affirmative defense then an appeal from that
ruling, without any more a motion for reconsideration, is
the proper remedy, since the grant of affirmative defense is
a judgment on the merits that would dismiss the case.
Note that motions to suspend proceedings without a TRO
or injunction issued by a higher court is prohibited. Hence,
the TRO or injunction order should be attached to the
motion to suspend. No motion for extension of time to file
pleading will be allowed except for an extension of time to
file
answer, pursuant to Section 11, Rule 11, which may only
be granted for meritorious reasons and for a period of not
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more than 30 calendar days, and by only availing of 1
motion for extension.
No motions for extension for all other pleadings shall be
allowed. Nevertheless, pursuant to Section 11, Rule 11, the
party filing the pleading may still file out of time (without
seeking for motion for extension of time), and it will
depend on the court whether it will be admitted. Section 11,
Rule 11
authorizes the court, in its discretion to accept a pleading
although filed late, consistent with the old second
paragraph of Rule 11, Section 11.
For motions for postponement, it can only be allowed if due
to 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. Hence, there will be no extension of dates and
the said party must be able to present all evidence on the
original dates agreed on, without any addition thereto.
However, note that Section 3, Rule 30 also allows
postponement of trial due to illness of party or counsel,
provided their presence is indispensable and that the
character of illness is such as to render the non-attendance
excusable.
All motions for postponements, whether oral or in writing,
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, to be submitted either at
the time of the filing of said motion or not later than the
next hearing date. But the clerk of court shall not accept the
motion unless accompanied by the
original receipt, so it is best to file the written motion
together with the postponement fee receipt.
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.
There is no Section 13 under the old rule
-May be compared with the old (now deleted) Section 5
Rule 16, which provides:
The paragraphs (f), (h) and (i) of Section 1, Rule 16
referred to in the old Section 5, rule 16 pertain to
1. cause of action is barred by prior judgment or
statute of limitations;
2. the claim or demand set forth in the plaintiff’s
pleading was been waived, abandoned or
otherwise extinguished; and
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3. the claim on which the action is founded is

unenforceable under the provisions of the statute
of frauds.

These grounds that cause dismissal with prejudice under

the old rule are the same as the amended rule. The
dismissal with prejudice in such instances is without
prejudice to the right of appeal.

FORMULA OF MOTION:
M= FORMAL REQUIREMENTS + OTHER REQ +
RULE 15