MOTIONS (Cf.

Rules 15 and 16, Rules of Court, as amended) The Body of a

motion usually has two parts: the ground for the motion and the argument in
support of the motion. Motions can either be litigated or non-litigated.

ADDENDUM TO MOTIONS.

NOTICES OF HEARING.

The Rules of Court requires that the notice should be directed to the parties
(counsel included) NOT TO THE CLERK OF COURT. Otherwise, the motion
shall be considered a sham or a mere scrap of paper (Cf. Mesina, et al. vs. Court of
Appeals, G.R.110946, 24 October 1994). Moreover, the rules provide that the
motion day and time be on Friday at 2:00 o’clock in the afternoon. While in actual
practice this rule is usually observed in the breach, you are expected to conform
strictly to this requirement as a Bar examinee. Motions are either litigated or not.
Non-litigious motions are those that may be acted upon by the Court without
further argument like a motion to reset or a motion for postponement. All other
motions are litigated and should be acted upon after due hearing.

Check the sample notice below.

(ASSUME THAT PARTS 1-6 OF A MOTION TEMPLATE HAVE BEEN
DRAFTED)

Notice and Copy furnished:

Atty. PEDRO PENDUKO

Counsel for the Defendant
Suite 210 Makati Executive Center
Herrera St., Salcedo Village, Makati City

The undersigned shall submit the foregoing motion for the Court’s resolution on 20
August 2002, Friday, at 2:00 o’clock in the afternoon.

(or if a non-litigated motion)

Due to the non-litigious character of the foregoing motion, please submit the same
to the Court for its immediate consideration and approval.

(SGD.) KRISPULO Y. MARQUEZ

 Sample Motion 1 (Litigated)

(CAPTION)

MOTION TO DISMISS

Defendant Jose B. Linaw, by counsel, moves to dismiss the complaint filed by

Pedro C. Labo on the sole ground that the venue of the litigation is improperly laid.

Argument

The contract between the parties declares that in case litigation becomes
inevitable, “all cases shall be brought before the proper court of Pasig City to the
exclusion of all others.” By filing the complaint before this court in Manila, a place
obviously convenient to Pedro, he violates the clear tenor of his agreement with Jose.
Consequently, a prompt dismissal of the case becomes necessary.

Relief

ACCORDINGLY, Jose requests that Pedro’s complaint be dismissed forthwith.

Other reliefs just and equitable are also prayed for.

[Explanation: Due to constraints in distance and time, a copy of this motion shall
be served by registered mail.]

(Required under Section 11, Rule 13, Rules of Court, as amended. A

violation of this requirement “may be cause to consider the paper as
not filed.” See: Solar Team Entertainment, Inc. v. Hon. Helen Bautista
Ricafort, et al. G.R. 132007, 5 August 1998. Section 11 of Rule 13 gives
the court the discretion to consider a pleading or paper as not filed if the
other modes of service or filing were not resorted to and no written
explanation was made as to why personal service was not done in the first
place. The exercise of discretion must, necessarily consider the
practicability of personal service, for Section 11 itself begins with the
clause “whenever practicable”. 

7 March 2007, Quezon City for Manila.

(Attorney’s Box)

(Notice of Hearing)

Notice and Copy furnished:

Atty. PEDRO PENDUKO

Counsel for the Defendant
Suite 210 Makati Executive Center
Herrera St., Salcedo Village, Makati City

The undersigned shall submit the foregoing motion for the Court’s resolution on 20
August 2002, Friday, at 2:00 o’clock in the afternoon.

(SGD.) KRISPULO Y. MARQUEZ

____________________________________________________________________________
 Sample Motion 2 (Non-litigated)

(CAPTION)

MOTION TO RESET

Plaintiff Pedro C. Labo, by counsel, states:

1. The Court ordered the resumption of hearing in this case on 20 August 2007
at 8:30 in the morning.

2. Unfortunately, on that date and time, the undersigned counsel has committed
to attend another case entitled: Labo vs. Bawi (Civil Case 23456) before the Regional
Trial Court of Manila, Branch 42, the schedule of which was set before this.

ACCORDINGLY, Pedro requests that the hearing set on 20 August 2003 be

cancelled and moved to a later date preferably on 8 September 2003 or any date
convenient to the Court and the adverse party.

[Explanation: Due to lack of time and manpower, a copy of this motion shall be
served by registered mail.]

Manila, 10 August 2008.

(Attorney’s box)

(Notice of Hearing)
Notice and Copy furnished:

Atty. PEDRO PENDUKO

Counsel for the Defendant
Suite 210 Makati Executive Center
Herrera St., Salcedo Village, Makati City

The undersigned shall submit the foregoing motion for the Court’s resolution on 20
August 2002, Friday, at 2:00 o’clock in the afternoon.

(or if a non-litigated motion)

Due to the non-litigious character of the foregoing motion, please submit the same
to the Court for its immediate consideration and approval.

(SGD.) KRISPULO Y. MARQUEZ