MOTION FOR

RECONSIDERATION
UNLAWFUL DETAINER
OUTLINE

• MOTIONS, Rule 15
• NEW TRIAL OR RECONSIDERATION, Rule 37
• MOTION FOR RECONSIDERATION, Rule 52
• MOTION FOR RECONSIDERATION
ON UNLAWFUL DETAINER CASES, Rule 70
1997 Revised Rules of Court

RULE 15 MOTIONS
MOTION DEFINED Sec 1

A motion is an application for relief

other than by pleading.
MOTION vs PLEADING

MOTION PLEADING

-requests that the -demands the other

judge in the case party to do
do something something
MOTION MUST BE IN WRITING Sec 2
Exemptions:
a. Motions made in open court
b. Motions made in the course of a
hearing or trial
CONTENTS Sec 3

1. The relief sought to be obtained

2. The grounds upon which the relief is
based
3. Supporting affidavits and other papers
(if required by the Rules of Court or necessary to prove facts alleged
therein)
 HEARING OF MOTION Sec 4

Who sets for hearing of a motion? Required No. of days for serving the
Notice of Hearing
General rule:
Every written motion shall be set General rule:
for hearing by the applicant. At least three (3) days before the
date of hearing
Exemption:
Motions which the court may act Exemption:
upon without prejudicing the Hearings set by court on a shorter
rights of the adverse party. notice
NOTICE OF HEARING Sec 5

Shall be addressed to all parties concerned

Shall specify the time and date of the hearing
 m
Must not be later than ten (10) days after the filing of the motion
PROOF OF SERVICE NECESSARY Sec 6

No written motion set for hearing shall

be acted upon by the court without
 m
proof of service thereof.
 MOTION DAY Sec 7

General rule:
All motions shall be scheduled for hearing on Friday afternoons. If Friday is
a non-working day, on the afternoon of the next working day.
Exemption:
Motions requiring immediate action.
OMNIBUS MOTION Sec 8

A motion attacking a pleading, order, judgement,

or proceeding shall include ALL OBJECTIONS then
available, and all objections not so included shall
be deemed WAIVED.
MOTION FOR LEAVE Sec 9

A motion for leave to file a pleading or

motion shall be accompanied by the pleading
or motion sought to be admitted.
FORM Sec 10

The Rules applicable to pleadings shall apply

to written motions so far as concerns
caption, designation, signature, and other
matters of form.
1997 Revised Rules of Court

RULE 37 NEW TRIAL

OR RECONSIDERATION
GROUNDS OF AND PERIOD FOR FILING MOTION
FOR NEW TRIAL OR RECONSIDERATION Sec 1
Within the period for taking an appeal, the aggrieved
party may move the trial court to set aside the judgement
of the final order and grant a new trial for one or more of
the following causes materially affecting the substantial
rights of the said party:
GROUNDS OF AND PERIOD FOR FILING MOTION
FOR NEW TRIAL OR RECONSIDERATION Sec 1
a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not guarded against and by
reason of which such aggrieved party has probably been
impaired in his rights; or
b) Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at
the trial, and which if presented would probably alter the
result.
GROUNDS OF AND PERIOD FOR FILING MOTION
FOR NEW TRIAL OR RECONSIDERATION Sec 1
Within the same period, the aggrieved party may also
move for the reconsideration upon the grounds that the
damages awarded are excessive, that the evidence is
insufficient to justify the decision or final order, or that the
decision or final order is contrary to law.
NEW TRIAL OR RECONSIDERATION
• How it differs from Appeal
-Appeal is your right to a re-examination of the
original record of your case by the Court of
Appeals while Motion for Reconsideration,
you ask the judge to change his/her
own decision.
CONTENTS OF MOTION FOR NEW TRIAL OR
RECONSIDERATION AND NOTICE THEREOF Sec 2
The MOTION shall be made in writing stating the
ground or grounds therefor, a WRITTEN NOTICE of
which shall be served by the movant on the adverse
party.
A motion for new trial shall be proved
in the manner provided for proof of motion.
CONTENTS OF MOTION FOR NEW TRIAL OR
RECONSIDERATION AND NOTICE THEREOF Sec 2
A motion of the cause mentioned in the paragraph
(a) of the preceding section shall be supported by
Affidavits of merits which may be rebutted affidavits.
A motion for the cause mentioned in the paragraph
(b) shall be supportive by affidavits of the witnesses by
whom such evidence I expected to be given, or duly
authenticated documents which are proposed to be
introduced in evidence.
CONTENTS OF MOTION FOR NEW TRIAL OR
RECONSIDERATION AND NOTICE THEREOF Sec 2
A Motion for Reconsideration shall point out specifically the
findings or conclusions of the judgement or final order which are not
supported by the evidence or which are contrary to law making
express reference to testimonial or documentary evidence or to the
provisions of law alleged to be contrary to such findings or
conclusions.
A Pro forma motion for new trial or reconsideration shall not toll
the reglementary period of appeal.
ACTION UPON MOTION FOR NEW TRIAL OR
RECONSIDERATION Sec 3
The trial court may set aside the judgment or final
order and grant a new trial, upon such terms as may be
just, or may deny the motion. If the court finds that
excessive damages have been awarded or that the
judgment or final order is contrary to the evidence or law,
it may amend such judgment or final order accordingly.
RESOLUTION OF MOTION Sec 4

A motion for new trial or reconsideration

shall be resolved within thirty (30) days from
the time it is submitted for resolution.
SECOND MOTION FOR NEW TRIAL Sec 5
A motion for new trial shall include all grounds then
available and those not so included shall be deemed
waived. A second motion for new trial, based on a ground
not existing nor available when the first motion was made,
may be filed within the time herein provided excluding the
time during which the first motion had been pending.
No party shall be allowed a second motion for
reconsideration of a judgment or final order. (4a; 4, IRG)
EFFECT OF GRANTING OF MOTION
FOR NEW TRIAL Sec 6
If a new trial is granted in accordance with the provisions of
this Rule, the original judgment or final order shall be vacated,
and the action shall stand for trial de novo; but the recorded
evidence taken upon the former trial, in so far as the same is
material and competent to establish the issues, shall be used at
the new trial without retaking the same. (5a)
PARTIAL NEW TRIAL OR RECONSIDERATION Sec 7

If the grounds for a motion under this Rule appear to

the court to affect the issues as to only a part, or less than all
of the matter in controversy, or only one, or less than all, of
the parties to it, the court may order a new trial or grant
reconsideration as to such issues if severable without
interfering with the judgment or final order upon the rest. (6a)
EFFECT OF ORDER FOR PARTIAL NEW TRIAL Sec 8

When less than all of the issues are ordered

retried, the court may either enter a judgment or final
order as to the rest, or stay the enforcement of such
judgment or final order until after the new trial. (7a)
REMEDY AGAINST ORDER DENYING A MOTION FOR
NEW TRIAL OR RECONSIDERATION Sec 9

An order denying a motion for new trial or

reconsideration is not appealed, the remedy being an
appeal from the judgment or final order. (n)
1997 Revised Rules of Court

RULE 52 MOTION FOR

RECONSIDERATION
MOTION FOR RECONSIDERATION

Asks the judge (usually the same one) to

reconsider his decision in light of other facts,
circumstances, or law that wasn't brought up in
the original hearing on the matter.
PERIOD FOR FILING Sec 1
A party may file a motion for reconsideration of
a judgment or final resolution within fifteen (15)
days from notice thereof, with proof of service
on the adverse party. (n)
SECOND MOTION FOR RECONSIDERATION Sec 2

No second motion for reconsideration of a

judgment or final resolution by the same party
shall be entertained. (n)
RESOLUTION OF MOTION Sec 3
In the Court of Appeals, a motion for
reconsideration shall be resolved within ninety
(90) days from the date when the court declares
it submitted for resolution.
STAY OF EXECUTION Sec 4
The pendency of a motion for reconsideration filed on
time and by the proper party shall stay the execution
of the judgment or final resolution sought to be
reconsidered unless the court, for good reasons, shall
otherwise direct.
1997 Revised Rules of Court

RULE 70 FORCIBLE
ENTRY AND UNLAWFUL
DETAINER
Revised Rules on Summary Procedure

SECTION 19 PROHIBITED
PLEADINGS AND
MOTIONS
PROHIBITED PLEADINGS AND MOTIONS Sec 19
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;
PROHIBITED PLEADINGS AND MOTIONS Sec 19

(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;
PROHIBITED PLEADINGS AND MOTIONS Sec 19

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Marcelo Cueva vs. Oliver Villanueva
March 29, 1999

A motion for extension of time to file pleadings, affidavits or any other paper is one of the
prohibited pleadings and motions under the Revised Rule on Summary Procedure . Respondent judge
should not have entertained the filing of such motion, considering that the case involved was summary
in nature. After the failure of the defendants to answer the complaint, respondent should have
rendered judgment as may be warranted by the facts alleged in the complaint. Furthermore, the filing
of a position paper is not required before the court can render judgment on failure of defendant to file
an answer. The Revised Rule on Summary Procedure authorizes a judge to render a decision on his own
initiative or upon motion of the plaintiff.

Moreover, a preliminary conference should be held not later than thirty (30) days after the last
answer is filed. In setting the Preliminary Conference on December 20, 1995, from November 8, 1995,
respondent set the conference beyond the period provided by law.

It is also a basic rule that a case which is summary in nature should be decided within thirty
(30) days from the submission of the last affidavit and position paper. However, respondent judge
rendered decision on April 8, 1996, or more than one hundred (100) days from the time the case was
deemed submitted for decision. Such failure to decide a case within the required period is not excusable
and constitutes gross inefficiency.
Leopoldo Sy vs. CA
Aug 2, 1991

Petitioner submits that under the Rule on Summary Procedure, a motion for
reconsideration is a prohibited pleading, the filing of which does not stop the running of
the reglementary period to appeal, hence the notice of appeal of private respondents was
filed out of time and the decision of the trial court became final and executory. He also
invokes the rule that if a judgment of an inferior court is alleged to be erroneous and is
sought to be reviewed, the remedy is an appeal to the regional trial court, not the filing
with that court of a special civil action for certiorari. Appeal, whether from an inferior
court or from a regional trial court, is antithetical to the special civil action of certiorari.
We cannot fault his submission that perfection of an appeal within the reglementary
period is not only mandatory but jurisdictional. Failure to do so renders the questioned
decision final and executory and deprives the appellate court of jurisdiction to alter the
final judgment, much less to ascertain the appeal.
Ernesto Catungal vs. Doris Hao
G.R. No. 134972. March 22, 2001

Facts:
Ejectment Case. After judgment defendant filed a Motion for Recon while plaintiff filed a
Notice of Appeal. MTC did not resolve but elevated the Motion to the RTC. Did the
judgment become final?

“We disagree. A reading of the order issued by the MeTC will show that said court elevated
the issue on the amount of rentals raised by the petitioner to the RTC because the appeal of
respondent had already been perfected, thus: Considering the Motion for Reconsideration
of the Order of this Court dated March 3, 1997 and the Comment and Opposition thereto
of the counsel for the defendant, the Court finds the said Motion for Reconsideration
should already be addressed to the Regional Trial Court considering that whatever
disposition that this Court will award will still be subject to the appeal taken by the
defendant and considering further that the supersedeas bond posted by the defendant
covered the increased rental.
In order that this case will be immediately forwarded to the Regional Trial Court in view of
the appeal of the defendant, the Court deemed it wise not to act on the said motion for
reconsideration and submit the matter to the Regional Trial Court who has the final say on
whether the rental or the premises in question will be raised or not. It will be to the
advantage of both parties that this Court refrain from acting on the said Motion for
Reconsideration so as to expedite the remanding (sic) of this Court to the Regional Trial
Court. 22 When the MeTC referred petitioners' motion to the RTC for its disposition,
respondent could have opposed such irregularity in the proceeding. This respondent failed
to do. Before this Court, respondent now insists that the petition should be denied on the
ground that the Motion for Reconsideration filed before the MeTC is a prohibited pleading
and hence could not be treated as a notice of appeal. Respondent is precluded by estoppel
from doing so. To grant respondent's prayer will not only do injustice to the petitioners,
but also it will make a mockery of the judicial process as it will result in the nullity of the
entire proceedings already had on a mere technicality, a practice frowned upon by the
Court”
What kind of Motion for Reconsideration is prohibited?

Gloria Lucas vs. Judge Amelia A. Fabros

A.M. No. MTJ-99-1226. January 31, 2000.

“This rule, however, applies only where the judgment sought to be reconsidered is one
rendered on the merits. As held by the Court in an earlier case involving Sec. 15 (c) of the
Rules on Summary Procedure, later Sec. 19 (c) of the Revised Rules on Summary Procedure
effective November 15, 1991: "The motion prohibited by this Section is that which seeks
reconsideration of the judgment rendered by the court after trial on the merits of the case."
Here, the order of dismissal issued by respondent judge due to failure of a party to appear
during the preliminary conference is obviously not a judgment on the merits after trial of
the case. Hence, a motion for the reconsideration of such order is not the prohibited
pleading contemplated under Section 19 (c) of the present Rule on Summary Procedure.
Thus, respondent judge committed no grave abuse of discretion, nor is she guilty of
ignorance of the law, in giving due course to the motion for reconsideration subject of the
present complaint.”
Can Grounds for Dismissal be raised as affirmative defenses?
Bayview Hotel, Inc. vs. Court of Appeals G.R. No. 119337. June 17, 1997

“parties are not prohibited from filing an answer with affirmative defenses in
cases falling under summary procedure.
AFFIDAVITS Sec 20
The affidavits required to be submitted under this Rule
shall state only facts of direct personal knowledge of the
affiants which are admissible in evidence, and shall show
their competence to testify to the matters stated therein. A
violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and
shall be cause to expunge the inadmissible affidavit or
portion thereof from the record.
APPEAL Sec 21
The judgment or final order shall be appealable to the
appropriate regional trial court which shall decide the same
in accordance with Section 22 of Batas Pambansa Blg. 129.
The decision of the regional trial court in civil cases
governed by this Rule, including forcible entry and unlawful
detainer, shall be immediately executory, without prejudice
to a further appeal that may be taken therefrom. Section 10
of Rule 70 shall be deemed repealed.
IMMEDIATE EXECUTION ON APPEAL TO COURT
OF APPEALS OR SUPREME COURT Sec 21

The judgment of the Regional Trial Court against the

defendant shall be immediately executory, without
prejudice to a further appeal that may be taken
therefrom. (10a)
APPLICABILITY OF REGULAR RULES Sec 22

The regular procedure prescribed in the Rules of Court

shall apply to the special cases herein provided for in a
suppletory capacity insofar as they are not inconsistent
herewith.
EFFECTIVITY Sec 23

This revised Rule on Summary Procedure

shall be effective on November 15, 1991.