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RULE 15
Motions
Section 1. Motion defined. — A motion is an application for relief other than by a pleading. (1a)
Section 2. Motions must be in writings. — All motions shall be in writing except those made in open court or in the course of a hearing or trial. (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. (3a)
Section 4. Hearing of motion. — Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion
shall be set for hearing by the applicant.
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 at
least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice. (4a)
Section 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 ten (10) days after the filing of the motion. (5a)
Section 6. Proof of service necessary. — No written motion set for hearing shall be acted upon by the court without proof of service thereof. (6a)
Section 7. Motion day. — Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a
non-working day, in the afternoon of the next working day. (7a)
Section 8. 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. (8a)
Section 9. 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. (n)
Section 10. Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of
form. (9a)

RULE 16
Motion to Dismiss
Section 1. Grounds. — Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on
any of the following grounds:
(a) That the court has no jurisdiction over the person of the defending party;
(b) That the court has no jurisdiction over the subject matter of the claim;
(c) That venue is improperly laid;
(d) That the plaintiff has no legal capacity to sue;
(e) That there is another action pending between the same parties for the same cause;
(f) That the cause of action is barred by a prior judgment or by the statute of limitations;
(g) That the pleading asserting the claim states no cause of action;
(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;
(i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and
(j) That a condition precedent for filing the claim has not been complied with. (1a)
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Section 2. Hearing of motion. — At the hearing of the motion, the parties shall submit their arguments on the questions of law and their evidence on the
questions of fact involved except those not available at that time. Should the case go to trial, the evidence presented during the hearing shall automatically be
part of the evidence of the party presenting the same. (n)
Section 3. Resolution of Motion. — After the hearing, the court may dismiss the action or claim, deny the motion, or order the amendment of the pleading.
The court shall not defer the resolution of the motion for the reason that the ground relied upon is not indubitable.
In every case, the resolution shall state clearly and distinctly the reasons therefor. (3a)
Section 4. Time to plead. — If the motion is denied, the movant shall file his answer within the balance of the period prescribed by Rule 11 to which he was
entitled at the time of serving his motion, but not less than five (5) days in any event, computed from his receipt of the notice of the denial. If the pleading is
ordered to be amended, he shall file his answer within the period prescribed by Rule 11 counted from service of the amended pleading, unless the court
provides a longer period. (4a)
Section 5. Effect of dismissal. — Subject to the right of appeal, an order granting a motion to dismiss based on paragraphs (f), (h) and (i) of section 1 hereof
shall bar the refiling of the same action or claim. (n)
Section 6. Pleading grounds as affirmative defenses. — If no motion to dismiss has been filed, any of the grounds for dismissal provided for in this Rule may
be pleaded as an affirmative defense in the answer and, in the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had
been filed. (5a)
The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or separate action of a counterclaim pleaded in the
answer. (n)

A. Section 1 Rule 6: Pleadings defined. — Pleadings are the written statements of the respective claims and defenses of the parties submitted to the
court for appropriate judgment. (1a)

Manner of Making Allegations: Every pleading shall contain:

a. Methodical
b. Logical form
c. Plain
d. Concise
e. Direct Statement

of the ultimate facts on which the party pleading relies for his claim or defense, omitting statements of evidentiary facts.

EFFECT OF FAILURE TO PLEAD:

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General Rule: The failure to plead a defense or an objection in an answer or a motion to dismiss shall be a waiver of such defense or objection. 1 (Omnibus
Motion Rule) Exception: (No waiver of the objection or defense, if it is based on the following grounds:

1. Lack of Jurisdiction Over the Subject Matter

2. Litis Pendencia2
3. Res Judicata3
4. Prescription of Action.

The above may be raised at any stage of the proceedings.

B. MOTION is an application for relief other than by a pleading.

Section 1, Rule 15. Motion defined. — A motion is an application for relief other than by a pleading

Pleading Motion
Purpose: To submit a claim or defense for appropriate judgment To apply for an order not included in the judgement
May be initiatory Cannot be initiatory as they are always made in a case already filed in court.
Always filed before judgment May be filed even after judgment
Only 9 kinds. See; Kinds of Pleadings, Rule 6, ROC Any application for relief not by a pleading is a motion
Must be written May be oral when made in open court or in the course of hearing or trial.

FORM-In writing, exception: When made in Open Court or in the course of hearing or trial.

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Section 8. Omnibus motion, Rule 15 (Omnibus Motion Rule). — 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

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Litis pendentia, as a ground for the dismissal of a civil action, refers to a situation where two actions are pending between the same parties for the same cause of action, so that one
of them becomes unnecessary and vexatious. It is based on the policy against multiplicity of suits and authorizes a court to dismiss a case motu proprio. (Subic Telecommunications
Company, Inc. vs. Subic Bay Metropolitan Authority, G.R. No. 185159, October 12, 2009). The requisites in order that an action may be dismissed on the ground of litis pendentia are:
(a) the identity of parties, or at least such as representing the same interest in both actions; (b) the identity of rights asserted and relief prayed for, the relief being founded on the same
facts, and (c) the identity of the two cases such that judgment in one, regardless of which party is successful, would amount to res judicata in the other. (Republic vs. Carmel
Development, Inc G. R. No. 142572. February 20, 2002).

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Res judicata is a Latin term meaning "a thing decided". It is a common law doctrine meant to prevent relitigation of cases between the same parties regarding the same
issues and preserve the binding nature of the court's decision. Once a final judgment has been reached in a lawsuit, subsequent judges who are presented with a suit that is
identical to or substantially the same as the earlier one will apply the doctrine of res judicata to uphold the effect of the first judgment.
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CONTENT:

1. State the relief sought to be obtained;

2. The grounds upon which the motion is based; and
3. Accompanied by supporting affidavits and other papers when mandated by the Rules or necessary to prove the facts in the motion.

Notice of Hearing and Hearing of Motions:

General Rule: Every written motion shall be set for hearing

Exceptions: Motions the court may act upon without prejudice to the rights of the adverse party (ex parte motions).

-The motion which contains Notice of Hearing shall be served to ensure receipt by the other party at least three (3) days before the date of the hearing,
unless the court, for good cause, sets the hearing for shorter notice.
-Proof of service is necessary
-Notice of Hearing shall be addressed to all parties concerned
-Shall specify the time and date of hearing which shall not be later than 10 days after the filing of the motion.

Litigated Motion One which requires that the parties be heard before a ruling on the motion is made by the court.
Ex Parte Motion One which does not require that the parties be heard and which the court may act upon without prejudicing the rights of the
other party.
Pro Forma Motions One which does not satisfy the requirements of the Rules and which will be treated as a motion to delay the proceedings.

MOTION FOR BILL OF PARTICULARS:

Purpose: To seek an order from the court directing the pleader to submit a bill of particular which avers matters with sufficient definiteness and particularity
to enable the movant to prepare his responsive pleading. Such motion shall point out the defects complained of, the paragraphs where they are contained
and the details desired.

When Applied: Before the Answer/Responsive Pleading is filed. Refer to Periods to file an answer, reply (Rule 11, ROC). If a pleading is a reply -10 days,
Andwer-15 days.

Actions of the Court- The court may either deny or grant the motion outright or hold a hearing of the motion.

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Compliance with the Order- if granted: pleader shall submit a Bill of Particulars within 10 days from notice of the order, unless a different period is fixed by
court. The bill may be filed either in a separate or in an amended pleading with copy served to the adverse party.

EFFECT OF NON-COMPLIANCE WITH THE ORDER:

1. If the order is disobeyed or there is insufficient compliance, the court may order the striking out of the pleading or parts of it to which the order was
directed or make such other orders as it may deem just.
2. If the plaintiff fails to obey, his complaint may be dismissed with prejudice unless otherwise order by the court;
3. If defendant fails to obey, his answer will be stricken off and his counterclaim dismissed, and he will be declared in default upon motion of the
plaintiff.

EFFECT ON THE PERIOD TO FILE A RESPONSIVE PLEADING

The filing of a motion for a bill of particulars shall stay the period to file the responsive pleading.

 After the service of the bill of particulars or after notice of the denial of the motion, the movant may file his responsive pleading with the period
to which he was entitled to at the time the motion was filed. Such period shall not be less than five (5) days at any event.

AMENDMENT

AS A MATTER OF RIGHT BY LEAVE OF COURT

The party has unconditional right to amend his pleadings ONCE before a Substantial Amendment after a responsive pleading has already been served.
responsive pleading thereto is served by the other party. In the case of a A motion must be filed in court with notice to the adverse party who shall be
Reply, at any time within 10 days after it is served. afforded the opportunity to be heard.

Instances when court may refuse an amendment:

1. When it is made with intent to delay

2. When the amendment is for the purpose of making the complaint confer jurisdiction upon the court
3. When the amendment is for the purpose of curing a premature or non-existing cause of action; and
4. When the cause of action, defense, or theory is changed.

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Formal Amendment:

A defect in the designation of the parties and other clearly clerical or typographical errors may be summarily corrected by the court at any stage of
the action, at its initiative or on motion, provided no prejudice is caused to the adverse party.

Amendments to Conform to or authorize presentation of evidence:

When issues not raised in the pleadings are tried with the express or implied consent of the parties, they shall be treated as if they had been raised
in the pleadings. The pleadings may be amended to conform to such evidence, upon motion of any party at any time, even after judgment and failure to
amend shall not affect the result of the issues.

Supplemental Pleadings

One which sets forth transactions, occurrences, or events which have happened since the date of the pleading sought to be supplemented. Its filing
shall require leave of court through the filing of a corresponding motion upon reasonable notice.

AMENDED PLEADING SUPPLEMENTAL PLEADING

Refers to facts existing at the time of the commencement of the action. Refers to facts arising after the filing of the original pleading.
Takes the place of the original pleading. Taken together with the original pleading.
Can be made as a matter of right as when no responsive pleading has yet Always with leave of court
been filed
When an amended pleading is filed, a new copy of the entire pleading must Does not require the filing of a new copy of the entire pleading.
be filed, incorporating the amendments, which shall be indicated by
appropriate mark.

Effect of Amended Pleadings:

1. The amended pleading shall supersede the pleading it amended;

2. Admissions in the superseded pleading can still be received in evidence against the pleader but as an extrajudicial admission which must be formally
offered in evidence; and
3. Claims or defense alleged in the superseded pleading which are not incorporated in the amended pleading are deemed to have been waived.

FILING v. SERVICE
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Filing Service
The act of presenting the pleading or other paper to the Clerk of Court Act of providing a party with a copy of the pleading or paper
concerned.

Manner of Filing Modes of Service

1. By presenting the original copy of the pleading, notice, appearance,
motion, order or judgment personally to the Clerk of Court who shall
endorse on the pleading the date and hour of filing.
2. By registered mail which must be through the Registry Service (Post
Office). The date of the mailing or payments or deposits as shown by
the post office stamp on the envelope or the registry receipt shall be
considered as the date of filing, payment or deposit in court.
1. Personal Service (preferred mode of service) through: (3 modes of personal
service:
a. Delivering the copy of the papers served to the party or his counsel;
b. By leaving the papers in the counsel’s office with his clerk or person
having charge thereof; or
c. If no person is found in the office, or if his office is not known, or he
has no office, then by leaving a copy between 8am to 6pm at the
party’s counsel’s residence, if known, with a person of sufficient age
and discretion then residing therein.

2. Service by Mail
a. Registered Mail (preferred mode of mailing), shall be made through:
i. Depositing the copy in the post office;
ii. In a sealed envelope;
iii. Plainly addressed to the party or his counsel at his
office, if known;
iv. Otherwise at his residence, if known
v. With postage fully prepaid;
vi. With instructions to the post master to return the mail
to the sender after 10 days of undelivered.

b. Ordinary Mail: if no registered mail is available in the locality of

either the sender or the addressee.

3. Substituted Service-:

How? Effected by the delivery of the copy to the clerk of court with proof of
failure of both personal service and service by mail.

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Priorities in the Modes of Service and Filing: Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with papers
emanating from the court, a resort to other modes must be accompanied by a written explanation why the service was not done personally. The paper may be
considered as not filed if this rule is violated.

When SERVICED is deemed COMPLETE?

a. Personal Service Actual Delivery
b. Registered Mail 1. Upon actual receipt by the addressee or ; 2. after five (5) days from the date he
received the first notice from the post master, whichever is earlier.
c. Service by Ordinary Mail Upon expiration of ten (10) days after mailing unless the court otherwise provides.
d. Substituted Service Complete at the time of the delivery of the copy to the Clerk of Court.

Mode/Manner Proof of Filing Proof of Service

The filing of a pleading or paper is proved by its
existence in the record, if it is not on the record, by the
following ways:

Personal Service Proved by the written or stamped Shall consist of:

acknowledgement of its filing by the Clerk of Court 1. Written admission of the party served; or
on a copy of the same 2. The official return of the server; or
3. The affidavit of the party serving
containing the full information of the date,
place and manner of the service.
Registered Mail Proved by the (1)registry receipt and the (2) affidavit of Affidavit of the mailer showing compliance with Section
the person who did the mailing with a full statement of: 7 of Rule 134, and the registry receipt issued by
themailing office.
1. The date and place of depositing the mail in
the post office in a sealed envelope addressed The registry return card shall be filed immediately upon
to the court; receipt by the sender, or in lieu thereof, of the unclaimed
2. With postage fully prepaid; and letter together with the certified or sown copy of the
3. With instructions to the post master to return notice given by the post master to the addressee.
the mail to the sender after 10 days if
undelivered.

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Section 7. Service by mail. — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at
his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the
senders or the addressee, service may be done by ordinary mail. (5a; Bar Matter No. 803, 17 February 1998
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Ordinary Mail Affidavit of mailer showing compliance with Section 7,

Rule 13.
SUMMONS (RULE 14, ROC) Is a writ by which a defendant is notified of the action brought against him. It is a means by which the Court acquires Jurisdiction over the
person of the defendant. The issuance of the summons is mandatory on the part of the clerk of court upon the filing of the complaint and the payment of the requisite
fees. 5

Nature and Purpose of Summons in Relation to Actions in Personam, in Rem of Quasi in Rem:

ACTION PURPOSE
In personam (against the person) - A type of legal proceedings 1. To notify the defendant of the action; and
directed against the defendant personally (e.g. an action for 2. To acquire jurisdiction over his person
breach of contract, the commission of a tort or delict or the
possession of property). Where an action in personam is
successful, the judgment may be enforced against all of the
defendant's assets, real and personal, moveable and
immoveable.
In rem- In rem (against the thing) - A type of legal proceedings, To satisfy the requirement of due process
taken in an admiralty court in a common law jurisdiction,
against the ship (and sometimes against cargo and/or freight)
(the res) as defendant, in respect of particular types of maritime
claims (e.g. to enforce a claim secured by a maritime
lien (infra) or a statutory right in rem(infra)). The taking of an
action in rem is generally accompanied by the arrest (supra) of
the res, which provides pre-judgment security for the claim and
confirms the admiralty court's in rem jurisdiction

1. VOLUNTARY APPEARANCE: Where the defendant makes a voluntary appearance in the action it shall be equivalent to service of summons and jurisdiction is acquired over him.

Submission to the court’s jurisdiction takes the form of an appearance that seeks Affirmative Relief
Exception: When the relief sought is for the purpose of objecting to the jurisdiction of the court over the person of the defendant. (also known as Special
Apperance).

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Rule 141, ROC, Legal Fees.
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2. PERSONAL SERVICE- In an action in personam, the preferred mode of serving summons is through personal service. The defendant is handed a copy of the summons in person.
Should he refuse to sign for it, the server shall TENDER it to him. ONLY when personal service cannot be made promptly or after all efforts to do so are exerted, may substituted
service be resorted to.
3. SUBSTITUTED SERVICE- Where personal service of summons cannot be made for justifiable causes within a reasonable period of time, substituted service of summons may be
had by:

1. Leaving copies of the summons at the defendant’s residence with a person of suitable and discretion residing therein; or
2. Leaving copies of the summons at the defendant’s office or regular place of business with some competent person in charge thereof.

CONDITIONS that must be satisfied first before resorting to substituted service:

a. The impossibility of personal service within a reasonable tme;

b. The efforts exerted to locate the person to be served;
c. Service upon a person of sufficient age and discretion residing in the same place or some competent person in charge of his office or regular place of business.

4. SUMMONS BY PUBLICATION (CONTSRUCTIVE SERVICE OF SUMMONS) ( The whereabouts of defendant is unknown but in the Philippines, and cannot be known despite
diligent inquiry)
With leave of court
Publication in newspaper of general circulation and in such places and for such time as the court may order.

5. EXTRATERRITORIAL SERVICE

Applicable: Defendant, non resident and not found in the Philippines, named as a defendant in action in rem or quasi-in rem.
How? 1. Personal service outside the Philippines. 2. Publication in newspaper of general circulation in such places and for such time as the courts shall set.
3. Any other manner which the court may deem sufficient.

Also applicable for a resident temporarily outside the Philippines. (ex: OFW, SEAMAN)

6. SERVICE UPON MINORS/insane/incompetent

a. Made upon him/her personally AND on his LEGAL GUARDIAN, if none:
b. Guardian ad litem whose appointment shall be applied for by the plaintiff.
c. If minor, either of his parents.

7. SERVICE OF SUMMONS UPON PRISONERS

a. Officer managing the JAIL or institution where he is confined

 Jail manager deemed deputized as special sherriff.

8. PROOF OF SERVICE
 In writing by the server, shall state the manner, place and date of service, specify any accompanying papers and the name of the person who received the
summons. It shall be sworn to if made by a person other than a sheriff or his deputy.
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 By publication-affidavit of printer, his foreman, principal, clerk, editor, business or advertising manager to which a copy of the publication shall be
attached and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid directed to the
defendant by registered mail to his last known address.

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