Motion for Reconsideration: Why a Notice of Hearing Is Crucial in Philippine Courts

A motion for reconsideration asks a court to re-examine and reverse or modify its decision. Many litigants assume that filing one automatically suspends the deadline to appeal. That assumption can be costly. Under Philippine procedure, a motion for reconsideration that lacks a notice of hearing is considered a mere "scrap of paper." It does not stop the running of the appeal period, and a party may lose the right to appeal without realizing it.

The Rule: Section 5, Rule 15 of the Rules of Court

Section 5 of Rule 15 of the Rules of Court requires that every motion be served on all parties concerned at least three days before its hearing. The notice must state the time and place of the hearing and be directed to the parties.

The purpose is straightforward: the notice allows the opposing party to prepare and present its arguments. Without it, the court has no basis to determine whether the other side agrees or objects to the motion. A motion that fails to comply is defective. The court is not obligated to act on it, and the opposing party is not obligated to respond.

For example, a party who files a motion for reconsideration on Monday without stating the date, time, and place of hearing, and without serving notice on the other side, has filed a defective motion. The appeal period continues to run as if no motion had been filed at all.

The Case of De la Peña: A Costly Procedural Oversight

The Supreme Court's decision in Purita de la Peña v. Pedro R. de la Peña illustrates the consequences of this defect. The case involved a complaint seeking the annulment of certain deeds and the partition of estates. After the trial court rendered a decision, the respondents filed a motion for reconsideration — but without a notice of hearing. The key events were as follows:

• July 2, 1993: Respondents received a copy of the trial court's decision.
• July 15, 1993: Respondents filed a motion for reconsideration lacking a notice of hearing.
• August 11, 1993: The trial court denied the motion.
• August 20, 1993: Respondents filed a notice of appeal and/or motion for extension of time to appeal.
• September 29, 1993: The trial court denied the extension, ruling that the appeal period had already lapsed.

The Supreme Court emphasized the mandatory nature of the notice requirement. A motion without a notice of hearing is pro forma; it does not toll the running of the appeal period. This rule applies equally to motions for reconsideration. Because the respondents' motion was pro forma, it did not suspend the 15-day period to appeal. Their notice of appeal, filed well beyond that period, was invalid.

Practical Takeaways

• Always include a notice of hearing. A motion for reconsideration must state the date, time, and place of hearing.
• Serve all parties at least three days before the hearing. Proper service is just as important as the notice itself.
• Review every filing before submission. A single procedural omission can extinguish the right to appeal.
• Do not assume the appeal period is suspended. Only a valid, compliant motion for reconsideration stops the clock.
• When in doubt, consult a lawyer. Procedural rules are strict, and the cost of error is high.

A small business owner who receives an unfavorable judgment may file a motion for reconsideration to buy time. If the motion omits the notice of hearing, the appeal period continues to run. By the time the mistake is discovered, the deadline may have passed — and the judgment becomes final.

• A motion for reconsideration is a request for the court to re-examine its decision.
• A notice of hearing informs all parties of the date, time, and place of the motion's hearing.
• A motion without a notice of hearing is pro forma and does not stop the appeal period.
• The general period to file a motion for reconsideration is 15 days from receipt of the decision.
• A qualified attorney can help ensure all procedural requirements are met.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.