Civil Procedure: Motion

Motion (Rule 15)

1. What is a Motion?
   1. ” Sec 1. Motion defined. – A motion is an application for relief other than by a pleading”
2. Contents of a Motion –
   1. ” Sec. 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.”
      1. Notice of Hearing
         1. Sec 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 10 days after the filing of the motion. / 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 atleast 3 days before the date of hearing, unless the court for good cause sets the hearing on shorter notice.
      2. Three-day Notice Rule
         1. The general rule is that Three day notice requirement in motions is mandatory. It is an integral component of procedural due process. The purpose of the rule which was established not for the benefit of the movant but rather for the adverse party, is to avoid surprises upon the latter and to grant it sufficient time to study the motion and to enable it to meet the arguments interposed therein.
         2. Exception
            1. That the 3 day notice requirement is  not a hard and fast rule. A liberal construction of the procedural rule is proper where the lapse in the literal observance of a rule of procedure has not prejudiced the adverse party and has not deprived the court of its authority.
            2. The test is the presence of opportunity to be heard, as well as to have time to study the motion and meaningfully oppose or controvert the grounds upon which it is based. When the adverse party had been afforded such opportunity, and has been indeed heard through the pleadings filed in opposition to the motion, the purpose behind the 3 day requirements of procedural due process are substantially complied with.
            3. In the case of KKK Foundation Inc. vs Calderon-Bargas. Service of a copy of a motion containing a notice of the time and the place of hearing of that motion is a mandatory requirement, and the failure of movants to comply with these requirements renders their motions fatally defective. However, there are exceptions to the strict application of this rule. these exceptions are:
               1. Where a rigid application will result in a manifest failure or miscarriage of justice especially if a party successfully shows that the alleged defect is the questioned final and executory judgment is not apparent on its face or from the recitals contained therein;
               2. where the interest of substantial justice will be served;
               3. where the resolution of the motion is addressed solely to the sound and judicious discretion of the court; and
               4. where the injustice to the adverse party is not commensurate with the degree of his thoughtlessness in not complying with the procedural prescription.
      3. Ten-day Notice Rule
         1. Sec 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 10 days after the filing of the motion.
      4. Effects of non-Compliance – Failure to comply with the requirements mandated by sec. 4, 5, and 6 of Rule 15 has the following effects:
         1. It is considered as a mere worthless piece of paper;
         2. The clerk of court has not right to receive;
         3. The court has no right to act upon;
         4. It is considered as a mere pro-forma motion;
         5. It is considered not field;
         6. It produces no legal effect;
         7. It is a ground for the denial of the motion;
         8. it presents no question which the court could decide;
         9. It will not toll the running of prescriptive period to appeal or file pleadings.
         10. The Rules of Court is explicit on this point. A motion without notice of hearing is pro forma, a mere scrap of paper. It presents no question which the court could decide. the court has not reason to consider it and the clerk has not right to receive it.
3. Kinds of Motion
   1. Ex-parte Motion
   2. Litigated Motion
   3. Omnibus Motion Rule
      1. Sec 8. Omnibus motion. – Subject to the provisions of Section 1 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.
         1. Purpose of the omnibus motion rule.
            1. This rule is to obviate multiplicity of motions and to discourage dilatory motions and pleadings. party litigants should not be allowed to reiterate identical motions, speculating on the possible change of opinion of the courts or of the judges thereof.
         2. Exception – as inferred from the provision, only the following defenses under Sec. 1, Rule 9, are exempted from its application.
            1. `Lack of Jurisdiction over the subject matter;
            2. There is another action pending between the same parties for the same cause (Litis pendentia);
            3. The action is barred by prior judgment (res judicata)
            4. The action is barred by the statute of limitation or prescription.
         3. Examples of an omnibus motions under the rules are as follows:
            1. Motion to dismiss (Rule 16)
            2. Motion to quash complaint or information (Rule 117)
            3. Motion to quash warrant of arrest (Rule 113)
            4. Motion to quash search warrant (Sec 14, Rule 126)
   4. Prohibited Motions
      1. Summary Procedure and Small Claims cases
      2. Continuous Trial Guidelines
      3. Writ of Amparo and Habeas Corpus
      4. Environmental Cases