Rule 15 of The Rules of Court

1.
Rule 15 of the Rules of Court
1997 RULES OF CIVIL PROCEDURE, AS AMENDED
(RULES 1-71, RULES OF COURT)
EFFECTIVE JULY 1, 1997
Per Resolution of the Supreme Court in Bar Matter No. 803 Adopted in Baguio City on April 8, 1997
RULES OF COURT
Pursuant to the provisions of section 5 (5) of Article VIII of the Constitution, the Supreme Court hereby adopts and
promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice
and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the
underprivileged:
RULE 15
MOTIONS
Section 1. Motion defined. — [No amendment]
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.
Section 3. Contents. — [No amendment]
[Section 4. Hearing of motion. — Deleted]
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:
1. Motion for bill of particulars;
2. Motion to dismiss;
3. Motion for new trial;
4. Motion for reconsideration;
5. Motion for execution pending appeal;
6. Motion to amend after a responsive pleading has been filed;
7. Motion to cancel statutory lien;
8. Motion for an order to break in or for a writ of demolition;
9. Motion for intervention;
10. Motion for judgment on the pleadings;
11. Motion for summary judgment;
12. Demurrer to evidence;
13. Motion to declare defendant in default; and
14. 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. (5)
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. (6)
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. (7)
Section 9. 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. (8)
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)
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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:
1) That the court has no jurisdiction over the subject matter of the claim;
2) That there is another action pending between the same parties for the same cause; and
3) 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 plaintiffs 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)

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1.

Rule 15 of the Rules of Court

1997 RULES OF CIVIL PROCEDURE, AS AMENDED

(RULES 1-71, RULES OF COURT)

EFFECTIVE JULY 1, 1997

Section 1. Motion defined. — [No amendment]

Section 3. Contents. — [No amendment]

[Section 4. Hearing of motion. — Deleted]

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;

h) Other similar motions.

Section 5. Litigious motions. — (a) Litigious motions include:

1. Motion for bill of particulars;

3. Motion for new trial;

4. Motion for reconsideration;

5. Motion for execution pending appeal;

6. Motion to amend after a responsive pleading has been filed;

7. Motion to cancel statutory lien;

8. Motion for an order to break in or for a writ of demolition;

9. Motion for intervention;

10. Motion for judgment on the pleadings;

11. Motion for summary judgment;

12. Demurrer to evidence;

13. Motion to declare defendant in default; and

14. Other similar motions.

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

(b) Motion to hear affirmative defenses;

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