Q: What is a motion?

A: A motion is an application for relief other than by

a pleading. (Sec. 1, Rule 15)

Note: 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. (Sec. 3, Rule
15, RRC)

Q: What are the parts of a motion:
[1] Caption
[2] Title of the case
[3] Body of the motion

Note: The body of a motion usually has two parts:
a. The ground for the motion
b. The argument in support of the motion
[4] Prayer
[5] Place, date and signature
[6] Notice of Hearing
[7] Proof of Service

Note: Grounds for filing a Motion for New Trial
include:
1. Fraud
2. Accident
3. Mistake
4. Excusable negligence
5. Newly discovered evidence which with reasonable
diligence have discovered and produced at the trial,
which if presented will alter the results.

Q: What are pleadings?
A: Pleadings are the written statements of the
respective claims and defenses submitted to the
court for appropriate judgment. (Sec. 1, Rule 6, RRC)

Q: What is the purpose of a pleading?
A: Its purpose is to define the issues and form the
foundation of the proof to be submitted at the trial.
It narrows the case down to a specific issue or issues
which will be submitted to the court for trial and
judgment. (Suarez, 2007)

Q: What are the parts of a pleading?
A: Cap-Ti-BRA PLUS
[1] Caption
[2] Title
[3] Body
[4] Relief
[5] Attorney
[6] PLUS
a. Verification, if required
b. Certificate of non-forum shopping, when
appropriate
c. Notice of hearing, when required
d. Proof of service
e. Explanation


Q: What is a Prayer?
A: This is a part of the pleading which states the
relief or reliefs prayed for by the parties.

Note: It is not a part of the cause of action.

Q: What is an answer?
A: An answer is a pleading in which a defending
party sets forth his defenses. (Sec. 4, Rule 6, RRC)

Q: What does the body of an answer contain?
A: The body of an answer usually has three parts
1. The admissions and denials,
2. The special and affirmative defenses,
3. The counterclaim.

Note: The plus in an answer is a statement of copy
furnished the adverse party. When an actionable
document has to be denied, verification has to be
added to the answer. If it includes a permissible
counterclaim, a certification of non-forum shopping
must also be added.

Note: A complaint affidavit is in the form of an
affidavit, narrating the facts and circumstances
surrounding the alleged crime, based on the point of
view of the complainant. The narration may also
include the elements of the crime as applied in the
set of facts or circumstances.