G. Motions (Rule 15)

CONTENTS AND FORM OF MOTIONS

General Rule: All motions must be in writing

Contents of a Motion

• Statement of relief sought to be obtained.
• Grounds upon which the motion is based.
• Supporting affidavits and other papers when mandated by the Rules or when necessary to prove facts stated in motion.

Requisites of a Motion:

It must be in writing except those made in open court or in the course of trial or hearing

A motion made in open court or in the course of 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 wholly or partly on oral testimony or depositions. (Rule 15, Sec. 2)

Meritorious Motions

Except those already covered by the Revised Guidelines, meritorious motions are those that allege plausible grounds supported by relevant documents and/or competent evidence, such as:

• Motion to withdraw information, or to downgrade the charge in the original information, or to exclude an accused originally charged therein filed as a result of reinvestigation, reconsideration, and review;
• Motion to quash warrant of arrest
• Motion to suspend arraignment on the ground of unsound mental condition under Sec. 11 (a), Rule 116
• Motion to quash information on the grounds that the facts do not constitute an offense, lack of jurisdiction, extinction of criminal action or liability, or double jeopardy under Sec. 3, par. (a), (b), (g), and (i), Rule 117
• Motion to discharge accused if the accused is a state witness the motion shall be submitted for resolution from the termination of the hearing, and be resolved within a non-extendible period of ten (10) calendar days thereafter under Sec. 17, Rule 119
• Motion to quash search warrant under Sec. 14, Rule 126, or motion to suppress evidence; and
• Motion to dismiss on the ground that the criminal case is a Strategic Law Suit against Public Participation (SLAPP) under Rule 6 of the Rules of Procedure for Environmental Cases.

The comments of adverse parties shall be filed strictly within a non-extendible period of 10 calendar days from notice, and resolved by the court within a non-extendible period of 10 calendar days after the expiration of the period, with or without comment. The court, at its discretion, may set a hearing within 10 calendar days from the expiration of period to file comment. The case shall be deemed submitted for resolution after termination of the hearing, and resolved within 10 calendar days. Reply and memorandum need not be submitted.

In case of a motion to discharge accused as state witness under Sec. 17, Rule 119, where the prosecution is required to present evidence in support thereof, such motion shall be submitted for resolution from the termination of the hearing, and shall be resolved within a non-extendible period of 10 calendar days thereafter.

The Motion for Reconsideration of the resolution of a meritorious motion shall be filed within a nonextendible period of 5 calendar days from the receipt of resolution, and the adverse party is given 5 calendar days from the receipt of the motion to submit comment. The court shall resolve the motion for reconsideration within a non-extendible period of 5 days from the expiration to submit comment.

Motions that do not conform to the above requirements shall be considered unmeritorious and shall be denied outright.

Striking Out of Pleading or Matter Contained therein is initiated

• Upon motion by a party before responding to a pleading;
• Upon motion by a party within 20 days after service of the pleading upon him if no responsive pleading is permitted; or
• Upon court’s own initiative at any time.

Allegations of merely evidentiary or immaterial facts may be expunged from the pleading or may be stricken out upon motion.

Requisites

• There must be a motion filed in court;
• Notice to the adverse party; and
• Opportunity to be heard afforded to the adverse party.

Substantial amendments can be done with leave of court. It can substantially alter the cause of action or the defenses with leave of court. (PPA v. Gothong and Aboitiz, G.R. No. 158401, 2008)