MOTIONS g.

Motion for the issuance of an order directing the

Definition – A motion is an application for relief other than by a sheriff to execute the final certificate of sale
pleading (S1, R15) h. Other similar motions
Q: Are motions considered pleadings? Q: What is the ground for the issuance of alias summons?
A: No. A: The original summons was either lost or destroyed.
Requirements of a motion (S2, R15) Q: Is the enumeration exclusive?
1. Must be in writing A: No. The rules stated other similar motions on the enumeration
2. Must state the reliefs sought and the grounds upon a. Motion for recess
which it is based b. Motion to exclude the public
3. Must be accompanied by affidavits and other papers, if c. Motion to approach the bench
necessary or required by the Rules to prove alleged facts d. Motion to conduct trial in the chamber of the judge
4. Must be served (R7) Q: Must the Court readily act on the matter if the motion
5. 3-day-notice of hearing for litigious motions presented is a non-litigious matter?
All motions shall be served by: (S5, R15) A: Not necessarily because the rules use the word “may” (S4, R15)
1. Personal service Ref (S4. R15) motions which the court may act upon without
2. Accredited private courier prejudicing the rights of the adverse party are non-litigious
3. Registered mail motions
4. Facsimile Q: is the enumeration under R15, S5 exclusive?
5. Other Electronic means A: No.
Q: Why are we required to state the relief and grounds upon which Q: Example of litigious motion not in S5
it is based? A: Motion to lift order declaring defendant in default
A: Because if reliefs and grounds are not stated, it will just be Q: What are the requirements of a litigious motion?
considered as a mere scrap of paper. A:
Q: Are all motions must be in writing? 1. Service and
A: GR: YES 2. Opposition – filed 5 days from receipt and shall be
XPNs: resolved by the court within 15 days
1. Those made in open court Q: What is the purpose of notice of hearing
2. Made in the course of a hearing or trial A: to give the other party a chance to file his or her opposition
Q: Define Hearing NOTE: for litigious motion, the other party shall automatically file
A: call upon the parties to resolve an issue; It is a legal proceeding his or her opposition within 5 calendar days from receipt of the
before a judge. litigious motion.
Q: Define Trial A notice of hearing on the motion may be called by the court:
A: presentation of the evidence by the party in a proceeding; 1. In the exercise of its discretion
Q: What is the rule with respect to motions made in open court or 2. If deemed necessary for its resolution
in the course of a hearing or trial It shall be:
A: A motion made in open court or in the course of a hearing or trial 1. Addressed to all parties concerned
should immediately be resolved in open court after the adverse 2. Shall specify time and date of hearing
party is given the opportunity to argue his or her opposition (S2, Q: If the motion filed is non-litigious, is there still a need to file
R15) opposition?
Movant - a party who files the motion A: The rule is silent
Q: What is the rule with respect to a motion, the arguments raised Q: Is notice of Hearing still required in a non-litigious motion?
does not appear on record? A: The rule is silent on the matter, it only mentions about notice of
A: When a motion is based on facts not appearing on record, the hearing in cases of litigious motions
court may hear the matter on affidavits or depositions presented by Omnibus Motion Rule (S9, R15) – a motion attacking a pleading,
respective parties, but the court may direct the matter be heard order or judgment shall include all objections available, those that
wholly or partly on oral testimony or depositions (R15, S2) are not included are deemed waived
Kinds of Motion Prohibited Motions (S12 R15)
1. Litigious (S4, R15) – motions where the issue is 1. Motion to dismiss
debatable XPNs:
a. Motion for intervention a. Lack of jurisdiction over the subject matter
b. Motion for new trial b. Litis pendentia or there is already an action
c. Motion for reconsideration involving the same parties with the same cause of
2. Non – Litigious (S5, R15) – motions which the court may action
act upon without prejudice to the right of the adverse c. Res judicata or the action is barred by prior
party judgment or by the statute of limitations
a. Issuance of alias summons 2. Motion to hear affirmative defenses
b. Motion for extension to file Answer 3. Motion to suspend proceedings without TRO or
c. Postponement injunction
d. Writ of execution 4. Motion for extension of time to file pleadings,
e. Alias writ of execution affidavits or any other papers
f. Writ of possession XPN:
 a. Motion for extension of time to file an answer
5. Motion for the postponement intended for delay
XPN: if based on
a. Acts of God
b. Force majeure
c. Inability of the witness to appear and testify
Motion Day (S8, R15)
1. GR: Friday
2. XPN: Motions requiring immediate action
GR: All objections not so included in such motion shall be deemed
waived
XPNs:
1. Lack of jurisdiction over the subject matter
2. Litis pendentia
3. Res Judicata
4. Prescription
Motion for leave (S10, R15) – A motion for leave to file a pleading
or motion shall be accompanied by the pleading or motion sought
to be admitted