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Civ Pro Mid Term Exam - Flattened-1

The document discusses pro-forma motions and the requirements for motions under Rule 15. Specifically, it notes that a motion must meet the hearing and notice requirements of Sections 4 and 5 of Rule 15, and failure to do so renders the motion fatally defective. It further defines a pro-forma motion as one that does not satisfy the rules requirements and is intended to delay proceedings.

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63 views10 pages

Civ Pro Mid Term Exam - Flattened-1

The document discusses pro-forma motions and the requirements for motions under Rule 15. Specifically, it notes that a motion must meet the hearing and notice requirements of Sections 4 and 5 of Rule 15, and failure to do so renders the motion fatally defective. It further defines a pro-forma motion as one that does not satisfy the rules requirements and is intended to delay proceedings.

Uploaded by

cardeguzman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Former rule : summons directed to

person not enumerated therein is


allowed as long that it is forwarded
to the specific person indicated
under the law. This ruling today is
not applicable.

5-1

Notes
5-1

Jan 31, 2013, 2:21 PM

Pro-forma motions

(1) The Court has consistently held that a motion which does not meet the requirements of Sections 4 and
5 of Rule 15 on hearing and notice of the hearing is a mere scrap of paper, which the clerk of court has no
right to receive and the trial court has no authority to act upon. Service of a copy of a motion containing a
notice of the time and the place of hearing of that motion is a mandatory requirement, and the failure of
movants to comply with these requirements renders their motions fatally defective (Vette Industrial Sales
vs. Cheng, GR 170232-170301, Dec. 5, 2006).

(2) A pro forma motion is one which does not satisfy the requirements of the rules and one which will be
treated as a motion intended to delay the proceedings (Marikina Development Corporatoin vs. Flojo, 251
SCRA 87).

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