MOTIONs

Rule 15 of the Rules of Court

 Sec 1. Application for relief other than by a pleading.

 Sec 2 .GR: Must be in Writing
EXN: a. made in open court or
b. In the course of hearing or trial
 Sec 3. relief sought, grounds it is based, accompanied by supporting
affidavits and other papers
 Sec 4. Written motion shall be set set for hearing by the applicant
notice of hearing; shall be served in such a manner to ensure its
receipt by the other party at least 3 days before the date of hearing,
unless the court for good cause sets the hearing on shorter notice
 Sec 5. notice of hearing; addressed to all parties concerned, specify
the time and date of the hearing; not later not than 10 days after the
filing of the motion
Rule 15 of the Rules of Court

 Sec 6. Proof of service is necessary

 Sec 7. Except for motions requiring immediate action, all motion shall
be scheduled for hearing on Friday afternoons, or if Friday is a non
working day, in the afternoon of the next working day
 Sec 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 not so included shall be deemed waived.
 Sec 9. Motion for leave to file a pleading or motions hall be
accompanied by the pleading or motion sought to be admitted.
 Sec 10. The Rules applicable to pleadings shall apply to written
motions so far as concerns caption, designation, signature, and other
matters of form.
Form; affidavit in support of facts alleged in
motion

Republic of the Philippines

Province/City of _______} s.s.

AFFIDAVIT

I, ______, of legal age and with residence at ______ having been duly sworn, depose and say :

That I ______ (name and other circumstances)

That I personally know that (here state the detailed facts which are sought to be proved by
affidavit).

Affiant

Jurat
 Notice of Hearing (MTC,RTC)
(Service of motion
Proof of Service- ( Affidavit of Personal service/by registered mail)
Atty. Juan dela Cruz

Counsel for _______

Carmen, Cagayan de Oro City

Sir:

Please be informed that the undersigned counsel has set the foregoing motion for hearing on
____at 8:30 in the morning for the consideration of the Honorable Court or soon thereafter as counsel
may be heard.

Thank You!

Atty. Pedro Reyes (SGD.)

Nazareth,CDOC

Roll No.

IBP No. (Date)

service of motion is by REGISTERED MAIL

It should be mailed at such date as the other party

may receive it well before the 3-day notice of hearing.
Motion for leave to file amended pleading

Caption

x________________________x

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

PLAINTIFF, by counsel to this Honorable Court respectfully moves for leave to
file an amended complaint, by alleging facts more clearly and specifying the facts in
a more methodical manner, upon which certain conclusions are made. The
Amended complaint, showing the amendments by underlying them or indicating by
appropriate way what may have been deleted therefrom, is attached hereto as
Annex “A”.
WHEREFORE, plaintiff prays that he be given leave of court to file an
amended complaint, which is attached herewith, and that the same be admitted.
Plaintiff prays for such otherreliefs as may be just and equitable in the
premises.
 Atty. Pedro Reyes (SGD.)

Nazareth,CDOC

Roll No.

IBP No. (Date)

PTR No. (Date)

MCLE _ Compliance No.

Notice of Hearing

Service of Motion

Proof of Service( Affidavit of Personal service/by registered mail)

Requirements of motion mandatory,
generally.

1. It must serve copies to all parties concerned at least

THREE DAYS BEFORE the hearing, with proof of service.
2. Shall be directed to the lawyers for the parties
concerned and shall state the TIME and PLACE for
hearing the motion
-strict compliance with these rule is necessary(contentious
motion).
- It does not interrupt the running period within which a
pleading should be filed or a legal step taken within the
required period xxx Del Castillo v Aguinaldo 212 SCRA
169(1992)
Exceptions to 3-day notice

1. Non-contentious motion and may be heard ex parte

-motions for extension of time to plead

2. Granted ex parte
- Application for the issuance of a TRO, for a writ of Preliminary
attachment, and writ of replevin

3. Urgency in the relief sought or where time is of the

essence
Exception; strict compliance with motion
requirement

1. Rigid application of the rule will result in a manifest

failure or miscarriage of justice, especially if a party
successfully shows the alleged defect is not apparent on
its face or from recitals therein contained;
2. Interest of substantial justice will be served;
3. The resolution of the motion is addressed solely to the
sound and judicious discretion of the court;
4. The injustice to the adverse party is not commensurate to
the degree of his thoughtlessness in not complying with
the procedure prescribed.
OMNIBUS RULE

 General Rule: A motion attacking a pleading, order,

judgment or proceeding shall include all objections then
available, and all objections not so included are deemed
waived.

 Purpose:
To avoid multiplicity of motions and prevent speculation on the
possible change of opinion of the court.

Exception:
1. Sec 1, Rule 9
 MOTION TO DISMISS
COMES NOW,defendant, by counsel and to this most Honorable Court respectfully
moves to dismiss the complaint on the following grounds:

(Enumerate all defenses known and available at the time, otherwise such defenses
may be waived, except: *)

WHEREFORE PREMISES CONSIDERED, it is respectfully prayed to this Honorable Court

that the instant case be DISMISSED based on the above stated grounds.

Other reliefs are just and equitable are prayed for.

Submitted this _ day of __2018, Cagayan de Oro City.

Atty. Pedro Reyes (SGD.)

Nazareth,CDOC

Roll No.

IBP No. (Date)

PTR No. (Date)

MCLE _ Compliance No

Notice of Hearing

Service of Motion

Proof of Service( Affidavit of Personal service/by registered mail

*exceptions

1. Lack of jurisdiction over the subject matter

2. Pendency of another action between the same
parties for the same cause
3. Bar by prior judgment
4. Prescription or by statute of limitations
MOTION FOR RECONSIDERATION
Rule 52

 Period for Filing

o Of a judgment or final resolution; within 15 days from notice, with proof
of service on the adverse party (Sec 1)

 Second Motion for reconsideration

o Shall not be entertained (Sec 2)

 Resolution of Motion
o In the Court of Appeals; shall be resolved within 90 days from the date
when the court declares it submitted for resolution. (Sec 3)

 Stay of execution
o The pendency of a motion for reconsideration filed on time and by the
proper party shall stay the execution of the judgment of or final
resolution sought to be reconsidered unless the court, for good reasons,
shall otherwise direct. (Sec 4)
 Motion for leave to file pleading
 Examples:

√ Motion for leave to file an amended complaint;

√ Motion for leave to file an amended anwer;

Purpose:
● To strengthen causes of action;
●To emphasize more clearly and specifying the facts in a
methodical manner;
What are those prohibited pleadings,
motions or petitions?

●Sec. 19. Prohibited pleadings and motions. — The

following pleadings, motions or petitions shall not be
allowed in the cases covered by this Rule:
 (a)Motion to dismiss the complaint or to quash the
complaint or information except on the ground of
lack of jurisdiction over the subject matter, or failure
to comply with the preceding section;
 (b) Motion for a bill of particulars;
 (c)Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
 (d) Petition for relief from judgment;
 (e) Motion for extension of time to file pleadings, affidavits
or any other paper;
 (f) Memoranda;
 (g)Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
 (h) Motion to declare the defendant in default;
 (i) Dilatory motions for postponement;
 (j) Reply;
 (k) Third party complaints;
 (l) Interventions.
Motion to dismiss
GROUNDS:
• That the court has no jurisdiction over the person
of the defending party;
• That the court has no jurisdiction over the subject
matter of the claim;
• That the venue is improperly laid;
• That the plaintiff has no legal capacity to sue;
• That there is another action pending between
the same parties for the same cause;
• that the cause of action is barred by a prior
judgment or by the statute of limitations;
• That the pleading asserting a claim states no
cause of actions;
• That the claim or demand set forth in the
plaintiffs pleading has been paid, waived,
abandoned, or otherwise extinguished;
 Thatthe claim on which the action is
founded is unenforceable under the
provisions of the statute of frauds;
 Thata condition precedent for filing the
claim has not been complied with;
Hearing and disposition of motion to dismiss

 Motionto dismiss should be set for hearing

three(3) days prior to service of the motion.

After hearing, the court has three(3) options;

 ◆To sustain the motion and dismiss the
case;

 ◆To deny the motion;

 ◆Order the amendment of the pleading;

 Petition for certiorari under Rule 65
 Sec.1 Petition for certiorari. — When any tribunal,
board or officer exercising judicial or quasi-judicial
functions has acted without or in excess its or his
jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction, and there is
no appeal, or any plain, speedy, and adequate
remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the
proper court, alleging the facts with certainty and
praying that judgment be rendered annulling or
modifying the proceedings of such tribunal, board or
officer, and granting such incidental reliefs as law and
justice may require.
Effects of dismissal
Plaintiffs remedy:

1. To appeal the order granting the motion by ordinary

notice of appeal;
2. To refile the complaint;except where the grounds are;
a) that the cause of action is barred by prior
judgment
b) that the claim or demand has been paid,waived,
abandoned, or otherwise extinguished;
c) that the claim on which the action is founded is
unenforceable under the provisions of the statute of
frauds;
Motion for preliminary hearing on affirmative
defenses
>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)
Dismissal upon notice by plaintiff

 Dismissal upon notice by plaintiff. — A complaint

may be dismissed by the plaintiff by filing a notice of
dismissal at any time before service of the answer or
of a motion for summary judgment. Upon such
notice being filed, the court shall issue an order
confirming the dismissal. Unless otherwise stated in
the notice, the dismissal is without prejudice, except
that a notice operates as an adjudication upon the
merits when filed by a plaintiff who has once
dismissed in a competent court an action based on
or including the same claim.
When shall a complaint be dismissed

 Except as provided in sec. 1 rule 17, a complaint shall not

be dismissed at the plaintiff instance save upon the
approval of the court and upon such terms and conditions
as the court deem proper.
Notice of dismissal of Complaint

Form
Notice of Dismissal of Complaint
PLAINTIFF, by undersigned counsel, hereby give notice that he
dimissed his complaint, there being no service of answer yet nor a motion
for summary judgment having been filed.
Place and date
Counsel
Service of notice
Proof of service
Dismissal due to the Fault of plaintiff

 Ifno justifiable cause, the plaintiff shall fails to appear on

the date of presentation of his evidence or prosecute his
action for unreasonable time.
 Or fail to comply with the rules or any order of court.

Defendant upon his motion or by the court be dismissed the

case.
Form due to failure to prosecute
Motion to dismiss for failure to prosecute

DEFENDANT, by counsel and to this honorable court, respectfully moves the complaint to dismissed for failure
to prosecute of plaintiff for unreasonable period of time

The records show that the complaint was filed on ____ and defendant filed his answer _____. Notwithstanding
the fact that has been pending for period of more the 1 year from filing of the complaint, plaintiff has not
taken steps to prosecute his complaint, such as not by filing motion to set a case for pre-trial and thereafter for
trial on merits, such period of inaction of the plaintiff is unreasonable and shows the he is not interested to
prosecute the case.

WHEREFORE , defendants prays that the complaint be dismissed.

defendant further prays for such other relief as may be just and equitable in the premises.

Place and date

Counsel

Notice of hearing

Service of motion
What is pre trial

 It is meant to serve as a device to clarify and narrow down

the basic issues between the parties to ascertain, the facts
relative to those issues and to enable the parties to obtain
the fullest possible knowledge of the issue and facts
before trial and thus prevent the said trail from being
carried on in the dark
 a proceeding whereby matters required to be taken up
are discussed. Pre trial is mandatory and presence of
counsel is required.
When trial court grant the ex parte motion to set the case
for pre trial it requires parties to submit their respective pre
trial brief at least 3 days before the date.
 EX PARTE MOTION TO SET FOR TRIAL
PLANTIFF, by counsel, and to this honorable court respectfully moves and prays that
the case be set for pre –trial on any date depending upon the calendar of court,
issues having been joined by the filing of the last pleading.
Place and date
Counsel
The clerk of court
RTC Manila
Greetings
please submit the foregoing ex parte motion to the honorable court for his
approval upon receipt thereof
counsel
Service of motion
Proof of serive
 Special Power of attorney

In order to bind the party he must be either present to agree thereto or his
lawyer or other person on his behalf is duly authorized by special power of
attorney to do so. If the party is juridical entity, its board of directors must
execute a board resolution for such purpose.
INTERVENTION
 When is a person allowed to intervene in an
action?

 When a person has a legal interest in the matter in

litigation, or in the success of either of the parties, or an interest
against both, or is so situated as to be adversely affected
by a distribution of other disposition of property in the custody of the
court or of an officer thereof may, with leave of court, be allowed
to intervene in the action.
 Intervention may be allowed at anytime
before judgment .

Requisites for intervention of a non-party are:

(1) legal interest in the matter in controversy; or

(2)legal interest in the success of either of the

parties; or

(3) legal interest against both; or

(4) so situated to be adversely affected by a
distribution or other disposition of property in the
custody of the court or of an officer thereof;

(5)intervention will not unduly delay or prejudice the

adjudication of rights of the original parties; and

(6)intervenor’s right may not be fully protected in a

separate proceeding.
 File a motion therefor with leave of court

Notice upon all parties to the action.

The motion may or may be allowed by the court at its

discretion in the exercise of which the court shall consider
whether or not the intervention will unduly delay or prejudice
the adjudication of the rights of the original parties and
whether or not the intervenor’s rights may be fully protected
in a separate proceeding.
 Cause of action in complaint-in-intervention

If
the complaint-in-intervention states no cause of
action, it cannot be admitted.

Theinterest which entitles a person to intervene in

a suit between other parties must be in the
matter in litigation and of such direct and
immediate character that the intervenor will either
gain or lose by direct legal operation and effect of
the judgment.
x-------------------------x

MOTION TO INTERVENE

COMES NOW Pedro Manzano, by undersigned counsel and to this

Honorable Court respectfully alleges:

1. The pending case is for partition of a parcel of land, previously

owned by their deceased parents, filed by one of the co owners
against five (5) co owners, their co ownership having arisen since
the death of their parents on _____, 2004;

2. One of the co-owners, is Juan de Castro, who sold his

undivided interest in the co-ownership to herein movant Pedro
Manzano, on ______, 2005 as shown by a deed of sale, copy of
which is attached hereto as Annex “I”;
 3. As purchasers of the undivided share of Juan de Castro,
movant Manzano has legal interest in the outcome of the case
and in the distribution or division of the property in question;

4. Allowing movant Manzano to intervene will not unduly delay

the adjudication of the case and will prevent multiplicity of suits;

5. Copy of the complaint-in-intervention is attached hereto and

is served on the original parties, as shown by the service of
motion along with its enclosed complaint-in-intervention.

WHEREFORE, Pedro Manzano respectfully prays that he be allowed to

intervene in the case as party plaintiff; that the attached complaint-
in-intervention be admitted; and that defendants be ordered to file
their answer to the complaint-in-intervention
 Intervention in appellate courts

WhileSec.2, Rule 19, provides that intervention

may be filed at any time before rendition of
judgment by the trial court, it has been held that
intervention may be allowed even during the
pendency of an appeal, as an exception to
the general rule, where the interest of justice so
requires, in which case the motion will have to be
filed with the appellate court.
 SUBPOENA

 Section 1. Subpoena and subpoena duces tecum. –

Subpoena is a process directed to a person requiring him
to attend and testify at the hearing or trial of an action, or
at any investigation conducted by competent authority,
or for the taking of his disposition. It may also require him to
bring with him any books, documents, or other things
under his control, in which case it is called a subpoena
duces tecum.
 Subpoena may be issued by:
Section 2. By whom issued. – The subpoena may be issued by-

a) the court before whom the witness is required to attend;

b) the court of the place where the deposition is to be

taken;

c) the officer or body authorized by law to do so in

connection with investigations conducted by said officer or
body;

d) any Justice of the Supreme Court or of the Court of

Appeals in any case or investigation pending within the
Philippines.
When application for a subpoena to a prisoner is
made, the judge or officer shall examine and
study carefully such application to determine
whether the same is made for a valid purpose.

No prisoner sentenced to death, reclusion

perpetua or life imprisonment and who is confined
in any penal institution shall be brought outside the
penal institution for appearance or attendance in
any court unless authorized by the Supreme
Court.
 Subpoena for depositions

Section 5. Subpoena for depositions. – Proof of service of a notice to

take a deposition, as provided in Section 15 and 25 of Rule 23, shall
constitute sufficient authorization for the issuance of subpoena for
the person named in said notice by the clerk of court of the place in
which the deposition is to be taken. The clerk shall not, however, issue
a subpoena duces tecum to any such person without an order of the
court.
x-------------------------x
APPLICATION FOR SUBPOENA

The Clerk of Court

RTC, Manila

Sir:
As counsel for plaintiff (or defendant), may I request that a
subpoena be issued to _________, with address at _______, to testify in
the hearing of the above-entitled case on _______, 200_ at 8:30 in the
morning, and at any subsequent hearings, until he/she shall have
finished his/her testimony.
The undersigned will pay the legal fees for such purpose.

Place and date.

counsel
x-------------------------x
REQUEST FOR SUBPOENA DUCES TECUM

The Clerk of Court

RTC, Manila

Sir:
As counsel for plaintiff (or defendant), may I request that a
subpoena duces tecum be issued to _________, with address at _______,
to testify nd to bring with him in the hearing of the above-entitled case
on _______, 200_ at 8:30 in the morning, and at any subsequent
hearings, the following documents which are not confidential nor
priviledged and which are needed in said hearing, to wit:
(Enumerate and describe specifically the documents.)

The undersigned will pay the legal fees for such purpose.

Place and date.

counsel
Quashal of Subpoena

A subpoena may be quashed if it is unnecessary

and oppressive, or the relevancy of the books,
documents or things does not appear, or if the
person in whose behalf the subpoena is issued fails to
advance the reasonable cost of the production
thereof.
x--------------------x
MOTION TO QUASH SUBPOENA

COMES NOW, defendant (or the person subpoenaed), by the counsel

and to this Honorable Court, respectfully moves that the subpoena or
subpoena duces tecum issued on _______ to ______ to testify (and to bring
with him the documents) in the above-entitled case on _____. 200_, be
quashed on the following grounds:
(enumerate and discuss the grounds)
WHEREFORE, it is respectfully prayed that the subpoena (or subpoena
duces tecum) be quashed.

Place and date.

Notice of hearing
Proof of Service
 When subpoena duces tecum is
unreasonable and oppressive

 When it does not contain a reasonable description of the

books, documents or things demanded

 When it requires the production of numerous document

not particularly and properly described or identified

 When the documents do not appear to be relevant to the

issue involved.

Subpoena duces tecum may not be used to fish for

evidence.
Subpoena ad testificandum

A subpoena ad testificandum may also be

quashed on the ground that the witness is
not bound thereby, such as when his
testimony is irrelevant or the Rules or the
law protects him from being required to
testify on grounds of privilege or on
statutory or constitutional grounds.
 Remedies for refusal to comply with
subpoenas

There are two kinds of sanctions which may be meted out for
disobedience to the subpoenas and subpoena duces tecum.

1) WARRANT OF ARREST - The court or judge who issued the

subpoena may, upon proof of service thereof and of
failure of the witness to attend the hearing or produce the
documents, issue a warrant to the sheriff to arrest
the witness and bring him before the court, and the cost
thereof is charged against the witness.

However, only a court or judge may issue such arrest warrant, and
not a quasi-judicial or administrative officer who possesses no such
power.
 2) CONTEMPT- The second sanction is contempt, which
may be meted out by the court or judge who issued the
subpoena upon proper motion or upon the court’s show
order with notice to the disobedient witness and proof of
service thereof and of failure of the witness to obey the
same.

The sanctions of arrest and contempt are not applicable to a

witness who resides more than 100 kilometers from the residence to
the place where he is to testify, or if he is a detention prisoner no
permission of the court in which his case is pending was obtained.
 Modes of Discovery

They are meant to serve as a device to narrow and clarify

the basic issues between the parties, and for ascertaining the facts
relative to those issues, which may be resorted to before and after
pre-trial.

What is contemplated is the discovery of every bit of

information which may be useful in the preparation for trial.
 What are the modes of discovery?
Modes of discovery:

(1) are depositions;

(2) interrogatories to parties;

(3) requests for admissions;

(4) production or inspection of documents; and

(5) physical and mental examination of persons.

Mode of Discovery:
Depositions
Depositions

 Takingof the testimony of any person, whether he be a

party or not, but at the instance of a party to the action.
Deposition with leave of Court

 Deposition of a witness may or may not be by leave of

court.
 After
the trial court has acquired jurisdiction over the
defendant or over property which is the subject of the
action, deposition may be undertaken by leave of court.
Form No. 121:
Motion For Leave To Take Deposition
 PLAINTIFF, by counsel and to this Honorable Court, respectfully
alleges:

1. That Honorable Court has already acquired jurisdiction over person

of the defendant by his voluntary appearance by filing a motion to
file an extension to file his answer to the complaint.
2. Pursuant to Sec. 1 of Rule 12, deposition may be taken by leave of
court after the trial court shall have acquired jurisdiction over the
person of the defendant before he files his answer.

WHEREOF, plaintiff respectfully prays that he be given

leave of court to take deposition of Mr. ______, with address at
________, at such time and place before notary public, to be taken
after leave of court shall have been granted.

Place and date.

Counsel. Form No. 8

Notice of Hearing. Form No. 12
Service of motion
Proof of service
Deposition without leave of Court

 After
the answer shall have been filed, deposition may be
undertaken without leave of court.
 Form No. 122:
Notice to take deposition upon oral
examination
Atty. __________

Counsel for defendant/plaintiff

Address

Place take notice that on ___ the undersigned counsel for _____ in Civil Case No. __, entitiled _______, RTC, Cagayan de Oro
City, will take the deposition of Mr. _______, with address at _______, before Notary Public ______ at the latter’s address at _______ at
10:00 a.m., upon oral examination. The oral examination will continue from day to day at the same time and place until the oral
examination is completed.

Place and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon

_____ whose deposition

Is sought, and upon the

Notary Public.

Proof of service
 Form No. 123:
Notice to take deposition upon written
interrogatories.
Atty. ______

Counsel for defendant/plaintiff

Address

Place take notice that on ___ the undersigned counsel for _____ in Civil Case No. __, entitiled _______, RTC, Cagayan de Oro
City, will take the deposition of Mr. _______, with address at _______, before Notary Public ______ at the latter’s address at _______ at
10:00 a.m., upon written interrogatories and to continue from day to day at the same time and place until the interrogatories shall
have been completed. Attached are the written interrogatories.

Place and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon

_____ whose deposition

Is sought, and upon the

Notary Public.

Proof of service
 Form No. 124:
PETITION FOR LETTERS ROGATORY
PLAINTIFF, by counsel and to this Honorable Court respectfully alleges:

1. For the purpose completing plaintiff’s evidence, so that a just and fair decision may be rendered in the instant case, it is necessary that the testimony of
_______, who is at present residing in the United States at ______, U.S.A., be taken by means of deposition upon written interrogatories, attached herewith as Annex ä”, at
the Philippine Consulate at its offices in ______, New York, U.S, before any Philippine consular representative thereat, at such date and time as the latter may fix.

2. If the adverse party desires, he may serve cross-interrogatories to be filed in court, so that the direct interrogatories and cross-interrogatories may both be sent to the
Philippine Consulate at the above-indicated address.

WHEREFORE plaintiff respectfully prays that an order issue directing the adverse party, the defendant, to submit his written cross-interrogatories with ten (10)
days from notice, requiring the clerk of court to issue letters rogatory directed to the Philippine consular representative in the Philippine Consular Office at _____
U.S.A. to take the examination upon interrogatories attached herewith, at such date and time as the consular representative may schedule, with notice to the witness
_____ to appear and testify therein; and thereafter, to submit the record of deposition to the Court which issued this order, with notice to both parties.

Pace and date.

Counsel. Form No. 8

Service upon counsel of

Adverse party, and upon

_____ whose deposition

Is sought, and upon the

Notary Public.

Proof of service
Form No. 125:
Motion to terminate or limit examinations
The form may be formulated and filed with the trial court,
pursuant to Sec. 18, Rule 23, which reads:
Section 18. Motion to terminate or limit examination. — At any
time during the taking of the deposition, on motion or petition
of any party or of the deponent, and upon a showing that the
examination is being conducted in bad faith or in such manner
as unreasonably to annoy, embarrass, or oppress the
deponent or party, the court in which the action is pending or
the Regional Trial Court of the place where the deposition is
being taken may order the officer conducting the examination
to cease forthwith from taking the deposition, or may limit the
scope and manner of the taking of the deposition, as provided
in section 16 of this Rule. If the order made terminates the
examination, it shall be resumed thereafter only upon the order
of the court in which the action is pending. Upon demand of
the objecting party or deponent, the taking of the deposition
shall be suspended for the time necessary to make a notice for
an order. In granting or refusing such order, the court may
impose upon either party or upon the witness the requirement
to pay such costs or expenses as the court may deem
reasonable.
Form No. 126:
Certification and filing by officer
Caption

X-------------------x

DEPOSITION OF _______.

Records of the deposition upon oral examination (upon written interrogatories, as the case may
be). Taken before Notary Public ________ for and in the City of Manila, Philippines, this __ day of ____ 200
at 10:00 a.m., pursuant to the attached notice to take deposition on behalf of plaintiff (or defendant, as
the case may be) in the above-entitled action.

Appearances:

(Copy)

Testimonies

Antonio de Zabala, after having been duly sworn, testified orally as follows:

Direct examination:

(Copy)
Depositions Pending
Action
Depositions Pending
Appeal
Motion for
Production of
instruments or things

Section 1 Rule 27 of the Rules of Court

Requirements:
the existence of documents
the possession or control of them by
the adverse party, his servant, or agent
the information wanted
the materiality and necessity of the
entries in the books and papers to the
determination of the issues involved
Example:
Motion for Physical
and Mental
Examination of
Persons

When the mental or physical condition

is in controversy in a pending action
Motion to Enforce
Discovery

When the deponent/witness/other party refuses

to comply with the order granting the motions
Ifa party or deponent
refuses to answer any
question upon oral
examination under Rule 23
or Rule 25:
Proponent may apply for Court
order directing him to answer
If
a the party or
deponent still refuses to
answer
Hemay be held in
CONTEMPT OF COURT; or
If
a the party or
deponent refuses to
produce documents
under Rule 27 or submit to
Mental or Physical
Examination:
Court may order:
The documents or physical or mental
condition as established for purposes of the
action
Disobedient party may be prohibited from
introducing evidence designated
documents or items of testimony or
evidence of physical or mental condition
Striking
out of pleadings or staying
proceedings until order is obeyed
Court may order:

Dismiss the action or proceeding or

any part thereof
Render judgment in default
Direct the arrest of the person
concerned
EXCEPT: in a refusal to submit to
physical or mental
examination
Question:

What motion should be

filed by a party of the
Physical Condition of a
person is in controversy in
an action?
Questions & Discussion
Q. The general rule is that a motion
attacking a pleading, order, judgment or
proceeding shall include all objections
then available and all objections not so
included are deemed waived. Name the
rule
A: OMINIBUS MOTION RULE
Q: What should a person desiring to intervene do?

.
A: A person desiring to intervene shall file a motion
therefor with leave of court and with notice upon all the
parties to the action