RULE 15
MOTIONS
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Application for relief other than a pleading
Non-litigious motions:
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Issuance of alias summons
Extension to file answer
Postponement
Issuance of writ of execution
Issuance of an alias writ of execution
Issuance of writ of possession
Order directing sheriff to execute certificate of sale
Other similar motions
*RESOLVED WITHIN 5 CALENDAR DAYS FROM RECEIPT*
Litigious motions:
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Bill of particulars
Dismiss
New trial
Reconsideration
Execution pending appeal
Amend after a responsive pleading
Cancel statutory lien
Order to break in or writ of demolition
Intervention
Judgment on pleadings
Summary judgment
Demurrer to evidence
Declare defendant in default
Other similar motions
*HEARING OF MOTIONS IS DISCRETIONARY*
OMNIBUS Motion – any objection omitted is deemed waived
Prohibited motions:
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To dismiss
To hear affirmative defenses
Reconsideration on affirmative defenses
Suspend without TRO from higher court
Extension to file pleadings
Postponement (Except: force majeure or physical inability of witness to appear and
testify, with official receipt from the clerk of court)
RULE 17
DISMISSAL OF ACTIONS
2 Dismissal Rule
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Only applies to a court of competent jurisdiction
Plaintiff can dismiss his own complaint once, without prejudice
Must be done before service of answer or motion for summary judgment
Dismissal due to fault of plaintiff
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Failure to comply to lawful order, dismissal with prejudice
RULE 18
PRE-TRIAL
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Simplification of issues
To prepare the necessary ingredients for a smoother trial
Effect of failure to appear:
Regular
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Plaintiff and counsel will dismiss the case
Defendant and counsel will hold the defendant in default (Ex parte judgment)
Summary
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Plaintiff or counsel will dismiss the case
Defendant or counsel will result to rendition of judgment
Pre-trial brief
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Failure to submit pre-trial brief will have same effect as failure to appear at the pre-trial
RULE 19
INTERVENTION
JURISPRUDENCE
BIG COUNTRY RANCH CORP
V
CA
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Right to intervene not an absolute right
Right to intervene may only be secured through strict adherence of the statute or rule
allowing it
Allowance and disallowance of intervention is discretionary
“THE DISCRETION OF THE COURT, ONCE EXERCISED, CANNOT BE REVIEWED BY
CERTIORARI NOR CONTROLLED BY MANDAMUS SAVE IN INSTANCES WHERE SUCH
DISCRETION HAS BEEN SO EXERCISED IN AN ARBITRARY OR CAPRICIOUS MANNER”
(GRAVE ABUSE OF DISCRETION IS THE EXCEPTION)
Factors that would help the court in allowing intervention:
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It does not violate the right to speedy trial or prejudice the adjudication
Whether the intervenor’s rights may be FULLY protected in a separate proceeding
When can one intervene?
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Any time before rendition of judgment
RULE 21
SUBPOENA
GROUNDS FOR Quashing of a subpoena duces tecum (Subpoena for production of evidence)
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Unreasonable and oppressive
Irrelevant books and documents
The person on whose behalf the subpoena is issued fails to advance the reasonable cost
of production
GROUNDS FOR Quashing of a subpoena adtestificandum (Subpoena for production of witness)
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Witness is not bound
Witness fees and kilometrage allowed were not tendered upon service of subpoena
Service of Subpoena
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Similar to service of summons
Personal appearance
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A person present in court before a judicial officer may be required to testify as if he/she
was issued a subpoena
FAILURE TO OBEY
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Deemed contempt
EXCEPTION TO CONTEMPT
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Witness who resides more than 100kms from the court
Detention prisoner with no permission from court in which his/her case is pending