A motion is defined as an application for relief other than by a pleading. There are a number of important revisions in the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), including the removal of the 3-day notice rule, the discretionary nature of hearings for litigious motions, and the prohibition on the filing of a motion for leave for hearing on affirmative defenses. 

The 2019 Amendments shall take effect on 1 May 2020. This is a summary of Rule 15 (the summary of other Rules may be tracked through the Menu).

I. MOTIONS MUST BE IN WRITING

As a rule, all motions must be in writing. By way of exception, oral motions are allowed. These are motions made in open court or in the course of a hearing or trial. 

The 2019 Amendments provides that when a motion is based on facts not appearing on record, the court may hear the matter on: (a) affidavits or depositions presented by the respective parties; or (b) wholly or partly on oral testimony or depositions. 

II. PROOF OF SERVICE

No written motion shall be acted upon by the court without proof of service. The 2019 Amendments also provides that  all motions shall be served, ensuring their receipt by the other party, by:

• personal service 
• accredited private courier 
• registered mail
• electronic means

The 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”) does not provide for “accredited private courier”, although the Supreme Court has considered service/filing by private courier as equivalent to service/filing by ordinary mail (PSBank vs. Papa, G.R. No. 200469, 15 January 2018). Service through electronic means is also not found in the 1997 Rules.

Rule 15 of the 2019 Amendments provides that service of the motion may be done through “registered mail”, giving the impression that service by ordinary mail is not allowed. We submit that service of motions may be done through ordinary mail, which is one of the recognized modes of service. There is no overriding reason to require service by registered mail, as the notice of hearing no longer comes from the other party, but discretionary and issued by the court.

III. FORM AND CONTENTS

The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form.

A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. 

IV. NON-LITIGIOUS MOTIONS

A motion may either be a non-litigious motion (no hearing required) or litigious motion (hearing is discretionary). These terminologies are now expressly used in the 2019 Amendments, with examples conveniently included. 

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 
• h) Other similar motions

V. LITIGIOUS MOTIONS

The 2019 Amendments includes an entire section on litigious motions. The items in the enumeration of litigious motions are not new, but the section makes it convenient to see which motions are litigious in nature. 

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 
• 14) Other similar motions

The 2019 Amendments provides that the opposing party shall file his/her opposition to a litigious motion within 5 calendar days from receipt thereof. There is no provision for opposition in non-litigious motions.

No other submissions shall be considered by the court in the resolution of the motion.

VI. PERIOD TO DECIDE

Non-litigious motions. The 2019 Amendments explicitly requires that non-litigious motions must be resolved by the court within 5 calendar days from receipt of the motion.

Litigious motions. These motions must be resolved by the court within 15 calendar days from: (a) receipt of the opposition thereto; or (b) upon expiration of the period to file such opposition. 

Oral motion. 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. This is a new provision in the 2019 Amendments.

VII. NOTICE OF HEARING

In the 1997 Rules, every written motion is required to be heard, with notice of the hearing served in such a manner as to ensure its receipt by the other party at least 3 days before the date of hearing. The notice shall specify the time and date of the hearing, which must not be later than 10 days after the filing of the motion. The 2019 Amendments removed these requirements.

Under the 2019 Amendments, the court has discretion to decide if a hearing is necessary for litigious motions. In other words, not all litigious motions are subject to a hearing. The notice of hearing comes from the court, which means that the party-movant need NOT include a notice of hearing in the motion.

The notice of hearing, issued by the court, shall be addressed to all parties concerned, and shall specify the time and date of the hearing.

VIII. 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. 

IX. 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. 

X. 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. 

XI. PROHIBITED MOTIONS

The 2019 Amendments provides an entire section on 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 A prohibited motion for extension to file any pleading, other than an answer, is considered a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed by the Rules. [See When to File Responsive Pleadings]. 

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. The clerk of court shall not accept the motion [most likely referring to a written motion] unless accompanied by the original receipt. Nevertheless, the 2019 Amendments also provides that the proof of payment may be submitted either: (a) at the time of the filing of said motion; or (b) not later than the next hearing date. 

XII. DISMISSAL WITH PREJUDICE

Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense shall bar the refiling of the same action or claim, in the following instances:

• 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.

A motion for hearing on the affirmative defenses is a prohibited motion, as noted above (see Affirmative Defenses). These grounds, if included as affirmative defenses in the responsive pleading, shall be resolved motu proprio by the court within 30 calendar days from the filing of the Answer. [See Manner of Making Allegations in Pleadings]