Rule 15 Motions

• Section 1. Motion defined.

  A motion is an application for relief other than by a pleading.
• 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 adavits 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. 

  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 adavits and other papers.
• Section 4. Non-litigious motions (part 1)

  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;
• Section 4. Non-litigious motions (part 2)

  c) Motion for postponement;

  d)  Motion for the issuance of a writ of execution; alias writ of execution;

  e)  Motion for the issuance of an 

  f)  Motion for the issuance of a writ of possession;

  g)  Motion for the issuance of an order directing the sheri to execute the nal certicate of sale; and

  h)  Other similar motions.

  These motions shall not be set for hearing and shall be resolved by the court within ve (5) calendar days from receipt thereof.
• Section 5. Litigious motions.  (part 1)

  (a)  Litigiousmotionsinclude:

  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 led;
  7. Motion to cancel statutory lien;
• Section 5. Litigious motions.  (part 2)

  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.
• Section 5. Litigious motions.  (part 3)

  (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 le his or her opposition to a litigious motion within ve (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.
• Section 5. Litigious motions.  (part 4)

  The motion shall be resolved by the court within fteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to le such opposition.
• 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. 
• 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. 
• 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.
• 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. 
• Section 10. Motion for leave.

  A motion for leave to le a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.
• 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.
• Section 12. Prohibited motions. (part 1)

  The following motions shall not be allowed:except on the following grounds:

  (a)  Motion to dismiss

  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;
• Section 12. Prohibited motions. (part 2)

  (b)  Motion to hear armative 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 le pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11; and
• Section 12. Prohibited motions. (part 3)

  (f)  Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability ofthe 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.
• Section 12. Prohibited motions. (part 4)

  A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original ocial receipt from the oce 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 ling 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.
• Section 13. Dismissal with prejudice.

  Subject to the right of appeal, an order granting a motion to dismiss or an armative 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 plainti’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 reling of the same action or claim.