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 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. (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. Non-litigious motions. — Motions which the court may act upon without prejudicing the rights of adverse
parties are non-litigious motions. These motions include:
1. Motion for the issuance of an alias summons;
2. Motion for extension to file answer;
3. Motion for postponement;
4. Motion for the issuance of a writ of execution;
5. Motion for the issuance of an alias writ of execution;
6. Motion for the issuance of a writ of possession;
7. Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
8. 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 which must not be later than ten (10) days after
the filing of the motion. (5a)
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. (6a)
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. (7a)
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. (8a)
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. (n)
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. (9a)
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 plaintiff'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 refiling
of the same action or claim. (5, R16)

Definition

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

Motion versus Pleading

✓ A pleading is a written statement of the claims or defenses of the parties submitted to the
court for appropriate judgment.
✓ The claims of a party are asserted in a complaint, counterclaim, cross-claim, third party
complaint or complaint-in-intervention.
✓ The defenses of a party are alleged in the answer to the pleading asserting a claim against
him.
✓ A motion is an application for relief other than by a pleading.

Contents and Form of Motion

✓ 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 part on oral testimony or depositions.
✓ 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.

Non-Litigious Motions

✓ Motions which the court may act upon without prejudicing the rights of adverse parties are
non-litigious motions. The amended rules specifically enumerate the non-litigious motions,
unlike the previous rules that lets the courts determine which motions can be resolved ex-
parte. These motions include:

1. Motion for issuance of alias summons

 2. Motion for extension to file answer

3. Motion for postponement

4. Motion for issuance of execution

5. Motion for the issuance of an alias writ of execution

6. Motion for the issuance of order directing the sheriff to execute the final certificate of sale

7. Other similar motions

✓ These motions should not be set for hearing and should be resolved by the court within
five (5) calendar days from receipt thereof.

How would you know if the motion is non-litigious?

If the granting of the motion would not result to prejudicing the rights of the other party, then it is
non-litigious in nature. Also, the rules specifically enumerated what are litigious motions.

Litigious Motions

✓ Prior to the amendment of the Rules of Court, every written motion is deemed a
litigated motion. Now, the rules are more specific as to which motions are litigious or not.

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

14. Other similar motions

Rules

✓ All motions should be served by personal service, accredited private courier or registered
mail, or electronic means so as to ensure their receipt by the other party.
✓ The opposing party should file his or her opposition to a litigious motion within five (5)
calendar days from receipt thereof. No other submissions will 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.

Notice of Hearing & Hearing on the Motion

✓ Prior to the amendment, every written motion should be set for hearing by the
applicant except for motions which the court may act upon without prejudicing the
rights of the adverse party.
✓ Also, all written motions are required to include a notice of hearing and must be addressed
to all parties and served upon them at least three days before the date of the hearing.
✓ A motion that does not contain a notice of time and place of hearing is a mere scrap of
paper and is not entitled to judicial cognizance, thus it does not affect any
reglementary period. These rules have been amended.

✓ Firstly, the Supreme Court deleted the requirement on the hearing on the motion. -
✓ Thus, the applicant to the motion does not need to include a notice of hearing at all.
(hearing on the motion not required)
✓ Furthermore, 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 the parties concerned and shall
specify the time and date of the hearing. In other words, it is the court that may call a
hearing on the motion if it chooses to do so.(proof of service of motion necessary)
✓ However, proof of service of the motion is necessary. No written motion will be acted
upon by the court without proof of service.
✓ Hence, 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.

Omnibus Motion Rule

✓ 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.
✓ Defenses & objections not pleaded either in a motion to dismiss or in the answer are
deemed waived.
o Exceptions are:
▪ No jurisdiction over the subject matter
▪ Lis Pendens
▪ Res judicata
▪ prescription

Motion for Postponement

✓ A motion for postponement will only be allowed if it is based on acts of God, force
majeure or physical inability of the witness to appear and testify, or the ground of
illness of a party or counsel if it appears upon affidavit or sworn certification that
the presence of such party or counsel at the trial is indispensable and the character
of his or her illness is such as to render his or her non-attendance excusable
✓ 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 during pre-trial.
✓ 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 to be submitted either at the time of the filing of the 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.
Prohibited Motions

✓ The recently amended Rules of Court specifically enumerated prohibited motions for all
kinds of civil cases. The 1991 Revised Rules of Summary Procedure and Rules of
Procedure of Small Claims also contains a list of prohibited motions.

Generally

The following motions are not allowed:

1. Motion to dismiss except on the following grounds:

1. Court has no jurisdiction over the subject matter

2. Lis Pendens
3. Res Judicata
4. Prescription
2. Motion to hear affirmative defenses

3. Motion for reconsideration on the affirmative defense

4. Motion to suspend proceedings without TRO or injunction issued by higher Court

5. Motion for extension to file an answer

6. Motion for postponement intended for delay except for the earlier mentioned reasons

1991 Revised Rules of Summary Procedure the following motions are not allowed:

1. Motion to dismiss the complaint except if the ground is lack of jurisdiction over the subject
matter or failure to comply with the rule requiring referral to the Lupon for conciliation;

2. Motion for bill of particulars;

3. Motion for new trial;

4. Motion for reconsideration of a judgment;

5. Motion for reopening of trial;

6. Motion for extension of time to file pleadings, affidavits or any other paper;

7. Moton to declare the defendant in default; and

8. Dilatory motions for postponement.

Rules of Procedure for Small Claims Cases

The following motions are not allowed:

1. Motion to dismiss the complaint;

2. Motion for a bill of particulars;

3. Motion for new trial;

4. Motion for reconsideration of a judgment;

5. Motion for reopening of trial;

6. Motion for extension of time to file pleadings, affidavits or any other paper;

7. Motion to declare the defendant in default; and

8. Dilatory motions for postponements.

Dismissal with Prejudice

Subject to the right of appeal, an order granting a motion to dismiss, or an affirmative defense
based on the following grounds shall bar the refiling of the same action or claim:

1. Res Judicata

2. prescription

3. the claim or demand set forth in the plaintiff’s pleading has been paid, waive, abandoned,
and otherwise extinguished

4. the claim is unenforceable

Bill of Particulars

SECTION 1. When applied for; purpose. — Before responding to a pleading, a party may move for a definite statement
or for a bill of particulars of any matter which is not averred with sufficient definiteness or particularity to enable him or
her properly to prepare his or her responsive pleading. If the pleading is a reply, the motion must be filed within ten
(10) calendar days from service thereof. Such motion shall point out the defects complained of, the paragraphs wherein
they are contained, and the details desired. (1a)
SECTION 2. Action by the court. — Upon the filing of the motion, the clerk of court must immediately bring it to the
attention of the court which may either deny or grant it outright, or allow the parties the opportunity to be heard. (n)
SECTION 3. Compliance with order. — If the motion is granted, either in whole or in part, the compliance therewith
must be effected within ten (10) calendar days from notice of the order, unless a different period is fixed by the court.
The bill of particulars or a more definite statement ordered by the court may be filed either in a separate or in an
amended pleading, serving a copy thereof on the adverse party. (n)
SECTION 4. Effect of non-compliance.— If the order is not obeyed, or in case of insufficient compliance therewith, the
court may order the striking out of the pleading or the portions thereof to which the order was directed or make such
other order as it deems just. (1[c]a)
SECTION 5. Stay of period to file responsive pleading. — After service of the bill of particulars or of a more definite
pleading, or after notice of denial of his motion, the moving party may file his responsive pleading within the period to
which he was entitled at the time of filing his motion, which shall not be less than five (5) calendar days in any event.
(1[b]a)
SECTION 6. Bill a part of pleading. — A bill of particulars becomes part of the pleading for which it is intended. (1[a]a)

Motions for Bill of Particulars

✓ Generally, the defendant is required to file an Answer to the Complaint within the period
specified under the Rules of Court. However, the defendant need not file an Answer if
there are allegations in the Complaint that are vague or ambiguous or not averred with
sufficient definiteness. Instead, the defendant can file a Motion for Bill of Particulars.

Purpose

✓ The purpose of a motion for bill of particulars is to seek an order from the court
directing the pleader to submit a bill of particulars which avers matters with
“sufficient definiteness or particularity” to enable the movant to properly prepare
his or her responsive pleading.
o To enable the movant to properly prepare his/her responsive pleading
o To clarify allegations in the pleading

Function

The function of a bill of particulars is to clarify the allegations in the pleading so an adverse
party may be informed with certainty of the exact character of the cause of action or defense.
Without the clarifications sought by the motion, the movant may be deprived of the opportunity
to submit an intelligent responsive pleading.

When Applied For

✓ Before responding to a pleading, a party may move for a definite statement or for a bill
of particulars of any matter which is not averred with sufficient definiteness or particularity
to enable him or her properly to prepare his or her responsive pleading.
 ✓ If the pleading is a reply, the motion must be filed within ten (10) calendar days from
service thereof. Such motion shall point out the defects complained of, the paragraphs
wherein they are contained, and the details desired.

Action by The Court

✓ Upon the filing of the motion, the clerk of court must immediately bring it to the attention
of the court which may either deny or grant it outright or allow the parties the opportunity
to be heard.

Compliance with Order

✓ If the motion is granted, either in whole or in part, the compliance therewith must be
effected within ten (10) calendar days from notice of the order, unless a different period is
fixed by the court. The bill of particulars or a more definite statement ordered by the court
may be filed either in a separate or in an amended pleading, serving a copy thereof on the
adverse party.

Effect of Non-Compliance

✓ If the order is not obeyed, or in case of insufficient compliance therewith, the court may
order the striking out of the pleading or the portions thereof to which the order was
directed or make such other order as it deems just.

Effect on The Period to File A Responsive Pleading

✓ When a party files a motion for bill of particulars, the period to file the responsive pleading
is stayed or interrupted.
✓ After service of the bill of particulars or of a more definite pleading, or after notice of denial
of his motion, the moving party may file his or her responsive pleading within the period to
which he was entitled at the time of filing his motion, which shall not be less than five (5)
calendar days in any event.
o For example, when the defendant had ten (10) days to go to file an Answer when
he filed a Motion for Bill of Particulars, he would have the same period to file the
Answer when he receives the bill of particulars or notice of denial of his motion.
 Rule 17
Dismissal of Actions
SECTION 1. 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. (1a)
SECTION 2. Dismissal upon motion of plaintiff . — Except as provided in the preceding section, a complaint shall not
be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and conditions as the
court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the
plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be without prejudice
to the right of the defendant to prosecute his or her counterclaim in a separate action unless within fifteen
(15) calendar days from notice of the motion he or she manifests his or her preference to have his or her counterclaim
resolved in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be without
prejudice. A class suit shall not be dismissed or compromised without the approval of the court. (2a)
SECTION 3. Dismissal due to fault of plaintiff . — If, for no justifiable cause, the plaintiff fails to appear on the date of
the presentation of his or her evidence in chief on the complaint, or to prosecute his or her action for an unreasonable
length of time, or to comply with these Rules or any order of the court, the complaint may be dismissed upon motion of
the defendant or upon the court's own motion, without prejudice to the right of the defendant to prosecute his or
her counterclaim in the same or in a separate action. This dismissal shall have the effect of an adjudication upon the
merits, unless otherwise declared by the court. (3a)
SECTION 4. Dismissal of counterclaim, cross-claim, or third-party complaint. — The provisions of this Rule shall apply
to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by the claimant by
notice as in Section 1 of this Rule, shall be made before a responsive pleading or a motion for summary judgment is
served or, if there is none, before the introduction of evidence at the trial or hearing. (4a)

Dismissal of Action
Dismissal Upon Notice by Plaintiff

A complaint may be dismissed by plaintiff by filing a notice of dismissal before:

1. Service of an answer

2. Motion for summary judgment

✓ Upon filing of the notice of dismissal, the court shall issue an order confirming the
dismissal.
✓ If you pay attention to the wordings of the Rules, it does not state that the court would
grant the notice of dismissal. Rather, the court will confirm the notice of dismissal.
 In other words, the court does not have the discretion whether or not it would grant the
notice of dismissal. Rather, the court would respect the choice of the plaintiff to have
the case dismissed.
✓ A dismissal made by filing of notice of dismissal is a dismissal without prejudice (i.e. the
complaint can be refiled.)

The dismissal will, however, be one with prejudice in any of the following situations:

1. Notice is dismissal with prejudice

2. Plaintiff had previously dismissed the same case based on the same claim.

Two-dismissal rule

The “two-dismissal” rule applies when the plaintiff has:

1. Twice dismissed actions,

2. Based on or including the same claim,

3. In a court of competent jurisdiction.

✓ The second notice of dismissal will bar the refiling of the action because it will operate
as an adjudication of the claim on the merits.
✓ For the rule to apply, the complaints must have been dismissed in a court of competent
jurisdiction. In other words, the two-dismissal rule will only apply if the court had jurisdiction
over both cases.

Dismissal Upon Motion by the Plaintiff

✓ If the answer was already served by the defendant or a motion for summary judgment has
been filed by either party, the plaintiff cannot seek the dismissal of the case by mere filing
of the notice of dismissal. The only recourse of the plaintiff is to file a motion for
dismissal of the action. This time, the court has the discretion to grant or deny the
plaintiff’s motion. If the court grants the plaintiff’s motion, the dismissal shall be without
prejudice unless specifically stated otherwise.

Effect on Existing Counterclaim

✓ If a counterclaim has already been pleaded by the defendant prior to the service upon him
of the plaintiff’s motion to dismiss, and the court grants the said motion to dismiss,
 the dismissal shall be limited to the complaint. In other words, the counterclaim is
not dismissed.
✓ The defendant, if he or she so desires, may prosecute his or her counterclaim in a
separate action unless he or she manifests his preference to have his or her
counterclaim resolved in the same action.
✓ He or she should inform the court of such preference within fifteen (15) calendar days
from the notice of the motion to dismiss served by the plaintiff.

Dismissal due to the Fault of the Plaintiff

✓ A complaint may be dismissed even if the plaintiff has no desire to have the same
dismissed. The dismissal in this case will be through reasons attributed to his fault. The
grounds are:

1. The failure of the plaintiff, without justifiable reasons, to appear on the date of the
presentation of his or her evidence in chief;

2. The failure of the plaintiff to prosecute his or her action for an unreasonable length of
time, also called non prosequitur;

3. The failure of the plaintiff to comply with the Rules of Court; or

4. The failure of the plaintiff to comply with any order of the court.

✓ The dismissal due to the fault of the plaintiff may be done by the court on its own motion
(motu proprio) or upon a motion filed by the defendant.
✓ The dismissal shall have the effect of an adjudication on the merits. It is a dismissal with
prejudice unless otherwise declared by the court.
✓ The rule on dismissal of actions is not a mechanical axe that automatically falls by
plaintiff’s mere failure to appear. To constitute failure to prosecute, his or her non-
appearance must be equated with unwillingness to proceed with the trial as when both
plaintiff and counsel made no appearance at all, or with the assumption that plaintiff has
already lost interest in prosecuting his or her action, in the same way that should the
ground for dismissal be delayed, this delay or failure to proceed must be for an
unreasonable length of time beyond the reasonable allowance which by judicial leniency
a litigant is normally enticed.
What is an unreasonable length of time rests in the sound discretion of the trial court and
depends upon the circumstances of each particular case? Length of time alone is not a test
of due diligence in prosecuting a pending action. Rather, under all the facts and circumstances of
a particular case, the plaintiff is chargeable with want of due diligence in failing to proceed with
reasonable promptitude.

Dismissal of Counterclaim, Cross-claim or Third-Party Complaint

This Rule will also apply to counterclaim, cross-claim or third-party complaint. A voluntary
dismissal by the claimant by notice should be made before:

1. A responsive pleading or

2. A motion for summary judgment is served or,

3. If there is none, before the introduction of evidence at the trial or hearing.[

Pre-trial

Concept of Pre-trial

✓ The use of pre-trial measures are undeniably important and vital components of case
management in trial courts.
✓ The primordial purposes of pre-trial are to
o abbreviate court proceedings
o ensure prompt disposition of cases and
o decongest court dockets.
o prevent any undue surprises during trial.
✓ That is why before the court would proceed to trial, pre-trial has to be conducted.
✓ A pre-trial 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 issues and facts before civil trials and thus
prevent that said trial are carried on in the dark.
✓ Pre-trial is primarily intended to make certain that all issues necessary to the
disposition of a case are properly raised. Thus, to obviate the element of surprise,
parties are expected to disclose at a pre-trial conference all issues of law and fact
 which they intend to raise at the trial, except such as may involve privileged or
impeaching matters.
✓ The determination of issues at a pre-trial conference bars the consideration of other
questions on appeal.

Nature and Purpose

The pre-trial is mandatory and should be terminated promptly. The court shall consider:
1. The possibility of an amicable settlement or of a submission to alternative modes of
dispute resolution;
2. The simplification of the issues;
3. The possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
4. The limitation of the number and identification of witnesses and the setting of trial dates;
5. The advisability of a preliminary reference of issues to a commissioner;
6. The propriety of rendering judgment on the pleadings, or summary judgment, or of
dismissing the action should a valid ground therefor be found to exist;
7. The requirement for the parties to:
a. Mark their respective evidence if not yet marked in the judicial affidavits of their
witnesses;
b. Examine and make comparisons of the adverse parties’ evidence vis-à-vis the
copies to be marked;
c. Manifest for the record stipulations regarding the faithfulness of the reproductions
and the genuineness and due execution of the adverse parties’ evidence;
d. Reserve evidence not available at the pre-trial, but only in the following manner:
i. For testimonial evidence, by giving the name or position and the nature of
the testimony of the proposed witness;
ii. For documentary evidence and other object evidence, by giving a particular
description of the evidence.
No reservation shall be allowed if not made in the manner described above.
8. Such other matters as may aid in the prompt disposition of the action.

✓ The failure without just cause of a party and/or counsel to bring the evidence required
shall be deemed a waiver of the presentation of such evidence.
Notice of Pre-trial

✓ After the last responsive pleading has been served and filed, the branch clerk of court
shall issue, within five (5) calendar days from filing, a notice of pre-trial which shall be set
not later than sixty (60) calendar days from the filing of the last responsive pleading. The
most likely last responsive pleading is the Answer. Under the previous rules, it is the duty
of the plaintiff to promptly move ex parte that the case be set for pre-trial.
✓ The notice of pre-trial shall include the dates respectively set for:

1. Pre-trial;

2. Court-Annexed Mediation; and

3. Judicial Dispute Resolution, if necessary.

✓ The notice of pre-trial shall be served on counsel, or on the party who has no counsel.
The counsel served with such notice is charged with the duty of notifying the party
represented by him or her.
✓ Non-appearance at any of the foregoing setting shall be deemed non-compliance at the
Pre-trial and shall merit the same sanctions as failure to appear at pre-trial.

Appearance of Parties

✓ It shall be the duty of the parties and their counsel to appear at the pre-trial, court-annexed
mediation, and judicial dispute resolution, if necessary. The non-appearance of a party
may be excused only for acts of God, force majeure, or duly substantiated physical
inability. A representative may appear in his behalf fully authorized in writing to enter into
an amicable settlement, to submit to alternative modes of dispute resolution, and to enter
into stipulations or admissions of facts and of documents. The authorization is especially
useful to parties who are juridical persons.

Effect of Failure to Appear

✓ When duly notified, the failure of the plaintiff and counsel to appear without valid cause
when so required shall be cause for dismissal of the action. The dismissal shall be
with prejudice, unless otherwise ordered by the court.
✓ A similar failure on the part of the defendant and counsel shall be the cause to allow the
plaintiff to present his or her evidence ex parte and the court to render judgment on the
basis of the evidence offered.
 ✓ The failure without just cause of a party and counsel to appear during pre-trial, despite
notice, shall result in a waiver of any objections to the faithfulness of the
reproductions marked, or their genuineness and due execution.

Pre-trial Brief

✓ The parties shall file with the court and serve on the adverse party, in such manner as
shall ensure their receipt thereof at least three calendar (3) days before the date of the
pre-trial, their respective pre-trial briefs which shall contain, among others:

1. A concise statement of the case and the reliefs prayed for;

2. A summary of admitted facts and proposed stipulation of facts;

3. The main factual and legal issues to be tried or resolved;

4. The propriety of referral of factual issues to commissioners;

5. The documents or other object evidence to be marked, stating the purpose

thereof;

6. The names of the witnesses, and the summary of their respective testimonies; and

7. Brief statement of points of law and citation of authorities.

✓ Failure to file the pre-trial brief shall have the same effect as failure to appear at the pre-
trial. Even though both party and counsel are present during pre-trial, they will be treated
as if they did not appear during pre-trial if they failed to serve and file the pre-trial brief.
Distinction Between Pre-trial In Civil Cases & Pre-trial In Criminal Cases

Civil Case Criminal Case

It is ordered 5 calendar days after the filing of the last It is ordered by the court after
responsive pleading. arraignment and within 30
days from the date the court
acquires jurisdiction over the
person of the accused.

The possibility of amicable settlement is considered to be It does not include the

an important objective. possibility of amicable
settlement of criminal liability.

The agreements and admissions made in the pre-trial are The agreements and
not required to be signed by both parties and their admissions made in the pre-
counsels. Instead, they are contained the record of pre- trial are not required to be
trial and pre-trial order. However, under A.M. No. 03-1-09- signed by both accused and
SC, the preliminary conference is to be recorded in the their counsels. Otherwise,
“Minutes of the Preliminary Conference” are signed by they cannot be used against
both parties and/or counsel. the accused.

The sanctions for non-appearance in a pre-trial in a civil The sanctions in a criminal

case are imposed upon the plaintiff and the defendant. case are imposed upon the
counsel for the accused or the
prosecutor.

The pre-trial brief is specifically required to be submitted The pre-trial brief is not
in a civil case. required in criminal cases.
Court-Annexed Mediation and Judicial Dispute Resolution

✓ After pre-trial and, after issues are joined, the court shall refer the parties to mandatory
court-annexed mediation. The period for court-annexed mediation shall not exceed thirty
(30) calendar days without further extension.

Judicial Dispute Resolution

✓ Only if the judge of the court to which the case was originally raffled is convinced that
settlement is still possible, the case may be referred to another court for judicial dispute
resolution. The judicial dispute resolution shall be conducted within a non-extendible
period of fifteen (15) calendar days from notice of failure of the court-annexed mediation.
✓ If judicial dispute resolution fails, trial before the original court shall proceed on the dates
agreed upon.
✓ All proceedings during the court-annexed mediation and the judicial dispute resolution
shall be confidential.

Judgment After Pre-trial

✓ Should there be no more controverted facts, or no more genuine issue as to any material
fact, or an absence of any issue, or should the answer fail to tender an issue, the court
shall, without prejudice to a party moving for judgment on the pleadings under Rule 34 or
summary judgment under Rule 35, motu proprio include in the pre-trial order that the case
be submitted for summary judgment or judgment on the pleadings, without need of
position papers or memoranda. In such cases, judgment shall be rendered within ninety
(90) calendar days from termination of the pre-trial.
✓ The order of the court to submit the case for judgment pursuant to this Rule shall not be
the subject to appeal or certiorari.
 Rule 19
Intervention
SECTION 1. Who may intervene. — A person who 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 or 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. 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. (2[a], [b]a, R12)
SECTION 2. Time to intervene. — The motion to intervene may be filed at any time before rendition of judgment by the
trial court. A copy of the pleading-in-intervention shall be attached to the motion and served on the original parties. (n)
SECTION 3. Pleadings-in-intervention. — The intervenor shall file a complaint-in-intervention if he or she asserts a
claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party
in resisting a claim against the latter. (2[c]a, R12)
SECTION 4. Answer to the complaint-in-intervention. — The answer to the complaint-in-intervention shall be filed within
fifteen (15) calendar days from notice of the order admitting the same, unless a different period is fixed by the court.
(2[d]a, R12)

Intervention

Nature

Intervention is a remedy by which a third party, not originally impleaded in the proceedings,
becomes a litigant therein to enable him, her or it to protect or preserve a right or interest which
may be affected by such proceedings.

Requisites for Intervention

The following requisites must be complied with before a non-party may intervene in a pending
action:

1. There must be a motion for leave to intervene filed before the rendition of judgment by the
trial court. A motion is necessary because leave of court is required before a person may
be allowed to intervene.

2. The movant must show in his motion that he has a:

1. Legal interest in:

1. the matter of litigation, or

2. the success of either of the parties in the action;

 2. Legal interest against both parties, or

3. The movant is so situated as to be adversely affected by a distribution or other

disposition of property in the custody of the court or of an officer thereof.

Time for Intervention

The motion to intervene may be filed at any time before rendition of judgment by the trial court.
Hence, intervention after trial and decision can no longer be permitted.

Remedy of Denial of Motion to Intervene

The allowance or disallowance of a motion for intervention rests on the sound discretion of the
court after consideration of the appropriate circumstances. It is not an absolute right.

Nevertheless, the remedy is to file _________________.