3. Prohibited Motions

G. Motions (Rule 15)

• Litigious and Non-litigious Motions
• Prohibited Motions

> RULE 15 MOTIONS Section 1. Motion defined. – A motion is an application for relief other than by a pleading. (1)

Section 2. Motions must be in writing. – All motions shall be in writing except those made in open court or in the course of a hearing or trial. 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.

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (2a) 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. (3)

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. (n) Section 5. Litigious motions. – (a) Litigious motions include:

• Motion for bill of particulars;
• Motion to dismiss;
• Motion for new trial;
• Motion for reconsideration;
• Motion for execution pending appeal;
• Motion to amend after a responsive pleading has been filed;
• Motion to cancel statutory lien;
• Motion for an order to break in or for a writ of demolition;
• Motion for intervention;
• Motion for judgment on the pleadings;
• Motion for summary judgment;
• Demurrer to evidence;
• Motion to declare defendant in default; and
• 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. (n) 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. (5a) 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. (6a) 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. (7a) Section 9. Omnibus motion. – Subject to the provisions of [S]ection 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) 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. (9) Section 11. Form. – The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. (10) Section 12. Prohibited motions. – The following motions shall not be allowed:

(a) Motion to dismiss except on the following grounds:

• That the court has no jurisdiction over the subject matter of the claim;
• That there is another action pending between the same parties for the same cause; and
• 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.

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. (n) 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. (5, R16)

Prohibited pleadings and motions.

• In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to quash the complaint or information, except on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160;
• Motion to hear and/or resolve affirmative defenses;
• Motion for a bill of particulars;
• Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of proceedings;
• Petition for relief from judgment;
• Motion for extension of time to file pleadings, affidavits or any other paper;
• Memoranda;
• Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
• Motion to declare the defendant in default;
• Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory unless grounded on acts of God, force majeure, or physical inability of a counsel or witness to personally appear in court, as supported by the requisite affidavit and medical proof;
• Rejoinder;
• Third-party complaints;
• Motion for and Complaint in Intervention;
• Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground of force majeure or acts of God;
• Motion for judicial determination of probable cause in criminal cases.

PROHIBITED MOTIONS (Rule 15, Sec. 12)

• Motion to Dismiss, except on the following grounds:
• That the court has no jurisdiction over the subject matter of the claim
• That there is another action pending between the same parties for the same cause; and
• That the cause of action is barred by a prior judgment or by the statute of limitations
• Motion to hear affirmative defenses
• Motion for reconsideration of the court’s action on affirmative defenses
• Motion to suspend the proceedings without a TRO or injunction issued by a higher court
• 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
• Motion for postponement intended for delay, except if 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 granted. (Rule 15, Sec. 12), including the receipt for the payment of the postponement fee,

NOTE: Court may in its discretion call a hearing on litigious motions (Rule 15, Sec. 6)

Pro forma motion

A motion for reconsideration based on the following grounds:

• (a) the damages awarded are excessive;
• (b) the evidence is insufficient to justify the decision; or
• (c) the decision is contrary to law,

is deemed pro forma if the same does not specify the findings or conclusions in the judgment which are not supported by the evidence or contrary to law, making express reference to the pertinent evidence or legal provisions. (PNB v. Paneda, G.R. No. 149236, Feb. 14, 2007)

Q: Corp A instituted an action for quieting of title and recovery of ownership and possession of a parcel of land, and damages against Heirs X. Judgment by the RTC was issued in Corp A’s favor. Heirs X filed a Motion for Reconsideration, contending that Corp A had no legal personality to sue. This was denied by the RTC, hence, Heirs X filed a Notice of Appeal. Corp A filed a Motion to Dismiss the Notice of Appeal, averring that the Motion of Reconsideration filed by Heirs X did not toll the running of the reglementary period to appeal for the reason that the Motion was pro forma and raised no new issue. The RTC denied the Notice of Appeal for being filed out of time. Did the RTC err in denying the Notice of Appeal?

A: Yes. It was held that in the cases where a motion for reconsideration was held to be pro forma, the motion was so held because (1) it was a second motion for reconsideration, or (2) it did not comply with the rule that the motion must specify the findings and conclusions alleged to be contrary to law or not supported by the evidence, or (3) it failed to substantiate the alleged errors, or (4) it merely alleged that the decision in question was contrary to law, or (5) the adverse party was not given notice thereof. In the case at hand, the Heirs X’s Motion for Reconsideration is not a pro forma motion. It is not alleged to be a second motion for reconsideration. It is not contended that the said Motion failed to specify the findings and conclusions contained in the RTC's Decision that Heirs X opined were contrary to law or not supported by the evidence. It is likewise not alleged that the said Motion merely alleged that the Decision in question was contrary to law without making any explanation. A rejected by the appellate court. A movant may raise the same arguments precisely to convince the court that its ruling was erroneous. A thorough examination of the Motion for Reconsideration reveals that Heirs X had stressed the issue on Corp A's legal capacity to sue them which was not discussed in the earlier decision. This alone readily showed that Heirs X’s Motion for Reconsideration was not pro forma. (Valencia (Bukidnon) Farmer’s Cooperative Marketing Association, Inc. v. Heirs of Cabotaje, G.R. No. 219984, April 3, 2019)

Motion to Quash in Cases covered by Summary Procedure

General Rule: Filing of a motion to quash is not allowed in a summary procedure

Motion for Extension of Time

GR: In the CA and in the SC, it is generally prohibited.

XPN: For good and sufficient cause

Prohibited Motions

It shall be denied outright before arraignment without need of comment/opposition.

The following motions are prohibited:

• Motions for judicial determination of probable cause
• Motion for preliminary investigation if filed beyond the five (5)-day reglementary period in inquest proceedings under Sec. 6, Rule 112, or when required under Sec. 8, Rule 112, or in inquest proceedings where accused failed to participate despite due notice.
• Motion for reinvestigation of the prosecutor when the motion is filed (1) without prior leave of court; (2) when preliminary investigation is not required under Sec. 8 Rule 112, and when the preliminary investigation is required and has been conducted, the grounds not being meritorious (i.e. credibility, admissibility of evidence, innocence of accused, lack of due process even when notified, etc.)
• Motion to quash information when the grounds stated are not in Sec. 3 Rule 117
• Motion for bill of particulars that does not conform to Sec. 9, Rule 116
• Motion to suspend the arraignment If motion is based on grounds not stated in Sec. 11, Rule 116
• Petition to suspend the criminal action on the ground of prejudicial question and no civil case has been filed pursuant to Sec. 7, Rule 111

Prohibited Pleadings

• Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section;
• Motion for a bill of particulars;
• Motion for new trial, or for reconsideration of judgment, or for opening of trial;
• Petition for relief from judgment;
• Motion for extension of time to file pleadings, affidavits or any other paper;
• Memoranda;
• Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
• Motion to declare the defendant in default;
• Dilatory motions for postponement;
• Reply;
• Third party complaints;
• Interventions