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KUPALOURD RULE 15 Motions

REM 1 BRONDIAL
practicing sila,
nagtatanong sakin, i-sset for hearing ko ba ito?
Sabi ko, lahat ng
litigated motions must
be set for hearing. A
hindi, finile ko ito sa SC.
Wag kang mag-set sa
SC. Pag nag-file ka ng
motion sa SC, you never
set that for hearing
because hearing before
the CS is never a matter
of right. You cannot
argue. You cannot
dictate upon the SC. Mr.
Supreme Court, I would
like to wear my toga and
argue with you. Hindi
pwede yan. Pag tinawag
ka ok, pag hindi ka
tinawag ganon din sa
CA. you never set it for
hearing. This is only
upon trial courts.

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Youll not find difficulty here regarding motions.


Alam na alam niyo na yan no? Lawyers do it
with better motions. Hahaha! Kaya no
problem. But what is a motion?
Section 1. Motion defined. A motion is an
application for relief other than by a pleading.
(1a)
Motion must be distinguished from pleadings
because when you file a Motion, you are asking
for a particular relief while in pleadings, you
ask for general relief.
There are only 2 kinds of motions:
1.

Litigated motion (litigious)

procedurally, requires the


compliance with Sec. 4, 5 and 6 of Rule 15
-

10-day setting and 3-day notice


rule (discussed in Rule 9)
o

In case of conflict, the 3day notice rule prevails


over the 10-day setting
rule

There must be a notice, must be


served upon the party and it
must be set for hearing
o

ang CA, that is just


housed in Manila. Dito
lang yan sa Manila. Pero
ngayon there are already
stations. Meron sa
Cagayan de Oro, meron
sa Cebu, kung saan pa!
OK, supposed that which
should be filed in Manila
was filed in Cebu, can
you ask for dismissal of
that case in Cebu
considering that it
should have been filed in
Manila on the ground of
improper venue? Under
Rule 4?

RULE 15 Motions

Dito sa setting for


hearing, ito maraming
nagkakamali even
practicing lawyers or
even other lawyers
would call me, hidni

The question is because


of 7691 which expanded
the jurisdiction of the
MTC and allowed the
Court of Appeals to hear
cases and even accept
evidence would a
motion... I would think
so. HOW? When the CA
takes cognizance of a
case in the exercise of
its original jurisdiction.
Because in that case, the
CA is a trial court. In
fact, there was one
problem in the bar, diba
there are several
stations of the CA. Dati

2.

The answer is
NO. because
the CA is only
one! Unlike the
RTCs, where
there are
several stations.
Itong stations
na ito, isa pa rin
lang, by
divisions lang.

Non-litigated motion (non-litigious)


a.

b.

In the course of the trial,


for example, a counsel
would raise his hand, and
say Objection, your
honor, that is an oral
motion.
There are also certain
motions that do not
require hearings. When
you file a motion before
the CA or the SC, never
set that for hearing,

KUPALOURD RULE 15 Motions


REM 1 BRONDIAL

Section 2. Motions must be in writings. All


motions shall be in writing except those made
in open court or in the course of a hearing or
trial. (2a)
Another distinction is a written motion and an
oral motion.
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)
Section 4. Hearing of motion. Except for
motions which the court may act upon without

prejudicing the rights of the adverse party,


every written motion shall be set for hearing
by the applicant.

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because hearing before


the SC is not a matter of
right, but a matter of
discretion.
i. The same with
the CA, they do
not want parties
to set hearings.
Especially now
that the CA,
under the new
rules, can
conduct trials,
and accept
evidence.
ii. Even if the CA and
SC has original
jurisdiction, you do
not set motion
submitted before
them for hearing,
because it is a
matter of
discretion on the
part of the CA and
SC.

Every written motion required to be heard and


the notice of the hearing thereof shall be
served in such a manner as to ensure its
receipt by the other party at least three (3)
days before the date of hearing, unless the
court for good cause sets the hearing on
shorter notice. (4a)
Section 5. Notice of hearing. The notice of
hearing shall be addressed to all parties
concerned, and shall specify the time and date
of the hearing which must not be later than ten
(10) days after the filing of the motion. (5a)
Section 6. Proof of service necessary. No
written motion set for hearing shall be acted
upon by the court without proof of service
thereof. (6a)
Section 7. Motion day. Except for motions
requiring immediate action, all motions shall be
scheduled for hearing on Friday afternoons, or
if Friday is a non-working day, in the afternoon
of the next working day. (7a)
Section 8. 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. (8a)
Remember, when we go to Rule 37, New Trial
Reconsideration. One of the provisions there is
that when you file a Motion for New Trial, you
have to allege all the grounds because that
which is not alleged is deemed waived.

Ano ang bases non? The basis is the Omnibus


Motion Rule. Because all the grounds available
must already be presented in a Motion. You
should not file a Motion piecemeal because
that is dilatory. That would be dilatory. You
include all the valid grounds that you think of
Omnibus Motion Rule. That which is not
included is therefore considered waived.
May exception yan, diba? The formulation of
Omnibus Motion Rule, you are cross-referred
again to Sec 1 of Rule 9. Inulit uli yon. Ano ba
yon? Res Judicata, Litis Pendentia, Lack of
Jurisdiction and Statute of Limitations.
Section 9. 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. (n)
Ito, pag nag-f-file ka ng Motion for Leave.
Specifically there is provision for a Motion for
Leave. Kapag binasa niyo yung Sec 23 of Rule
119, Criminal Procedure, Demurrer to Evidence
in rel to Rule 33, Makita mo ron sa provision
ng Criminal Procedure that you have to file a
motion for leave to file a demurrer to evidence
within 5 days and thereafter, you have now to
file a demurrer. Will that now conflict with this
provision of Sec 9 of Rule 15?
The proper interpretation of that that this Sec
23 must give way to Sec 9 of Rule 15. Because
under Rule 33, altho Rule 33 is also Demurrer
to Evidence, wala naming Motion for Leave.
Diba? But there are many other provisions in
Civil Procedure that require Motion for Leave.
Rule 19 Motion for Intervention. Hindi pwede
na hindi ka mag-file ng Motion for Leave. Yung
amendments, certain forms of amendment.
There are Motion for Leave gaya ng

KUPALOURD RULE 15 Motions


REM 1 BRONDIAL

It provides that when you file a Motion for


Leave, halimbawa to file a complaint in
intervention, i-attach mo na yung complaint in
intervention in your motion. So that the court
can reasonably decide whether to grant or
deny your motion. Kasi naka-attach na doon
yung complaint in intervention or answer in
intervention.
Halimbawa, dito sa Rule 23 on deposition.
When you are also an instance required to
file a motion for leave to undertake deposition,
ilagay mo na don. I attach mo na. ngayon,
what Im trying to tell you, ano ba yung

provision sa 23 of Rule 119, nakalagay don


specific that you have to file it motion for
leave, walang attachment, because you have
to wait whether it will be granted or denied so
that if it is granted, you have another days
within which to file your demurrer.

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amendment discretionary which is not as a


matter of right. What does Sec 9 of Rule 15
provide?

Supposed you do attach already your


Demurrer to Evidence in your motion for leave
to file a demurrer in Criminal Cases, will that
be violative of Sec 23 of Rule 119 pursuant to
in rel to Sec 9 of Rule 15 but will that violate
Sec 23 of Rule 119? NO! It will not. In fact, it
is now advisable. In fact that should be
amended, although its not amended ha. It is
advisable that when you file a Demurrer to
Evidence in Criminal Cases, remember you can
file it either without leave or with leave, you

suffer the consequences if you dont file it, so


you always file it with leave of court. When
youre filing your leave of court, you already
attach your demurrer to evidence and it does
not violate, in fact, it is preferred, preferable.
So when it is granted, alam na ng court. Kasi
kung yun lang Motion for Leave, wala pa. hindi
pa substantive yon masyado.
Section 10. Form. The Rules applicable to
pleadings shall apply to written motions so far
as concerns caption, designation, signature,
and other matters of form. (9a)

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