For most people asking how long a motion for reconsideration takes in the Philippines, there are two different “timelines” to understand: the deadline to file it and the time the court or agency takes to resolve it. In regular court cases, the filing deadline is often 15 days from receipt of the decision or final order, but the actual resolution can take anywhere from a few weeks to several months depending on the court, the type of case, whether comments are required, and whether the motion is already “submitted for resolution.”

What Is a Motion for Reconsideration?

A motion for reconsideration, often called an MR, is a written request asking the same court, tribunal, prosecutor, or government agency to review and change its own ruling.

It is not yet an appeal. Instead, it says, in substance:

“Please reconsider because the decision contains a serious error in law, fact, evidence, or procedure.”

In ordinary civil court cases, Rule 37 of the Rules of Court allows an aggrieved party to ask the trial court to reconsider a judgment or final order when, among others, the damages are excessive, the evidence is insufficient, or the decision is contrary to law. The motion must point out the specific findings or conclusions that are unsupported by evidence or contrary to law; a vague or “pro forma” motion does not stop the appeal period from running.

In practical terms, an MR is commonly filed after decisions in cases involving:

Civil disputes, such as collection, property, contracts, damages, inheritance, or ejectment
Family cases, such as declaration of nullity, support, custody, or adoption
Criminal cases, such as estafa, BP 22, theft, physical injuries, or violations of special penal laws
Labor cases before the NLRC
Prosecutor resolutions in preliminary investigation
Administrative or quasi-judicial agency rulings

The underlying case may involve the Civil Code, Family Code, Labor Code, Revised Penal Code, Republic Acts, or special laws, but the MR deadline usually comes from procedural rules, not from the substantive law that created the right.

Quick Answer: How Long Does a Motion for Reconsideration Take?

Forum or case type	Usual deadline to file MR	Usual rule-based resolution period	Practical timeline
Regular trial court civil case, such as RTC or MTC	Within the period to appeal, commonly 15 days	30 days from the time the MR is submitted for resolution	Often 1–3 months, sometimes longer
Court of Appeals	15 days from notice of judgment or final resolution	90 days from the date the CA declares it submitted for resolution	Often 2–6 months or longer in complex cases
Supreme Court	Usually 15 days from notice, depending on the applicable rule	No simple “one-size” practical timeline	Several months is common
Criminal cases	Commonly 15 days, depending on stage and ruling	Depends on court and applicable rule	Urgent if liberty or detention is involved
Rule on Summary Procedure	MR of judgment on the merits is generally prohibited	Not applicable if MR is prohibited	Appeal may be the remedy instead
Small claims	MR is prohibited; decision is final, executory, and unappealable	Not applicable	Execution may proceed quickly
NLRC Commission decision	Usually 10 calendar days	Agency-specific	Often weeks to months
Prosecutor resolution	Usually 15 days for MR/reinvestigation under DOJ rules	Agency-specific; newer DOJ rules provide internal periods	Often 1–6 months depending on office workload

The most important point is this: do not confuse the time to file with the time to decide. Your filing deadline is strict. The court’s resolution timeline may be affected by comments, service, court congestion, and when the motion is actually deemed submitted for resolution.

Legal Basis: Filing and Resolution Periods

Regular trial courts: Rule 37

For regular civil cases in the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, a motion for reconsideration of a judgment or final order is governed mainly by Rule 37.

Rule 37 says the MR must be filed within the period for taking an appeal. It also says the trial court should resolve a motion for new trial or reconsideration within 30 days from the time it is submitted for resolution.

That last phrase matters. The 30-day period usually does not mean “30 days from the day you filed the MR.” The court may first wait for:

Proof that the other party was served
The other party’s opposition or comment
Expiration of the period to oppose
Any hearing or additional pleading the court expressly allows
Completion of records needed by the judge

Litigious motions: opposition and submission

Under the 2019 amendments to the Rules of Civil Procedure, a motion for reconsideration is treated as a litigious motion. The opposing party generally has 5 calendar days from receipt to file an opposition, and the court resolves the motion after receiving the opposition or after the period to oppose expires. (Supreme Court of the Philippines)

In real life, this is why an MR filed on Monday is not necessarily acted upon that same week. The court must usually make sure the adverse party had a fair chance to respond.

Court of Appeals: Rule 52

In the Court of Appeals, Rule 52 gives a party 15 days from notice of the judgment or final resolution to file an MR, with proof of service on the adverse party. It also says no second MR by the same party shall be entertained, and that the CA should resolve the MR within 90 days from the date the court declares it submitted for resolution.

A timely MR in the Court of Appeals generally stays execution of the judgment or final resolution, unless the court directs otherwise for good reasons. (Supreme Court of the Philippines)

Computation of time

For court deadlines, the day you received the decision is excluded and the last day is included. If the last day falls on a Saturday, Sunday, or legal holiday in the place where the court sits, the deadline moves to the next working day. (Supreme Court of the Philippines)

Example:

You receive an RTC decision on June 1.
Day 1 is June 2.
Day 15 is June 16.
If June 16 is a Sunday, the deadline moves to Monday, June 17, unless that is also a holiday.

Always count from receipt, not from the date printed on the decision.

What Happens After You File a Motion for Reconsideration?

A typical MR in a regular court case moves like this:

You receive the decision or order. The deadline starts from actual receipt by the party, counsel of record, or authorized mode of service.
You compute the deadline. In many regular court cases, this is 15 days. Some agencies use shorter periods, such as 10 days.
You prepare the MR. The MR should identify the exact errors. It should not merely repeat the same arguments without explaining why the ruling is legally or factually wrong.
You file it with the same court or agency. It must be filed in the same case, with the correct caption, docket number, parties, and signature.
You serve the other party. Proof of service is important. A written motion may not be acted upon without proper proof of service under the rules. (Supreme Court of the Philippines)
The other party may oppose. In regular civil procedure, the opposing party commonly has 5 calendar days to oppose a litigious motion.
The MR becomes submitted for resolution. This usually happens after the opposition is filed, the opposition period expires, or the court receives the last required pleading.
The court issues an order or resolution. The court may grant the MR, deny it, partially modify the decision, or clarify the ruling.
The next deadline begins. If the MR is denied, the appeal period or next remedy may begin from receipt of the denial.

The “Fresh Period Rule” After Denial of an MR

The fresh period rule, also known as the Neypes doctrine, is one of the most important Philippine procedural rules for people waiting for an MR result.

In Neypes v. Court of Appeals, the Supreme Court allowed a fresh 15-day period to appeal, counted from receipt of the order denying a timely motion for new trial or reconsideration. The rule was meant to standardize appeal periods and avoid confusion. (Lawphil)

The Supreme Court later applied the same principle to criminal appeals, explaining that litigants need not count only the “remaining balance” of the original appeal period after a timely MR is denied. (Supreme Court E-Library)

Practical example:

You receive an RTC decision on March 1.
You file an MR on March 10.
The court denies the MR, and you receive the denial on May 5.
If the fresh period rule applies, you generally get a new 15-day period from May 5 to file the proper appeal.

This rule helps, but it does not save an MR that was filed late, filed in the wrong forum, prohibited by the applicable rule, or so defective that it does not toll the appeal period.

When a Motion for Reconsideration Is Not Allowed

Not every case allows an MR.

Small claims

In small claims cases, the rules are intentionally fast and simple. The decision is final, executory, and unappealable, and a motion for reconsideration of the judgment is a prohibited pleading. (Supreme Court of the Philippines)

This surprises many defendants who expect to “appeal later.” In small claims, the hearing date is extremely important because the decision may be enforced quickly after it is rendered.

Summary procedure cases

Under the Rules on Expedited Procedures in the First Level Courts, motions for new trial or reconsideration of a judgment on the merits are generally prohibited in cases governed by those Rules. For summary procedure cases, the remedy is usually an appeal to the appropriate Regional Trial Court by filing a notice of appeal within 15 calendar days from receipt, with proof of payment of appeal fees.

Summary procedure may cover certain ejectment cases, civil money claims within the covered amount, BP 22 cases, municipal ordinance violations, and certain minor criminal cases, depending on the applicable rule.

Second motions for reconsideration

A second MR is generally prohibited. Rule 37 bars a second MR of a judgment or final order in trial courts, and Rule 52 bars a second MR in the Court of Appeals.

At the Supreme Court level, second MRs are treated with extreme strictness and may be entertained only in exceptional circumstances in the higher interest of justice, subject to the Court’s internal requirements. (Supreme Court E-Library)

Why Some Motions for Reconsideration Take Longer Than Expected

Even when the Rules provide 30 or 90 days, actual waiting time may be longer because of practical bottlenecks.

Common reasons include:

The court first requires a comment. The MR is not yet submitted for resolution until the comment is filed or the period to comment expires.
Service is defective. If the other party was not properly served, the court may not act.
The judge or ponente needs the full record. This is common in evidence-heavy civil, family, property, and criminal cases.
The branch has a heavy docket. Some RTC and MTC branches handle hundreds or thousands of pending cases.
There are related incidents. Motions for execution, contempt, inhibition, or clarification can slow the process.
The case is on appeal. Collegiate courts like the Court of Appeals act through divisions, circulation, review, voting, and promulgation.
The case involves detainees, minors, violence, property possession, or employment reinstatement. These issues may require urgent but careful handling.

The 1987 Constitution requires courts to decide or resolve cases within set periods from submission: 24 months for the Supreme Court, 12 months for lower collegiate courts, and 3 months for other lower courts, unless reduced by the Supreme Court. (Supreme Court E-Library) For specific MRs, however, the Rules of Court may provide shorter periods such as 30 days in trial courts and 90 days in the Court of Appeals.

Required Documents for Filing an MR

The exact requirements depend on the court or agency, but the usual documents include:

Document	Why it matters
Copy of the decision, order, or resolution	Shows what ruling is being challenged
Proof of date of receipt	Determines whether the MR is timely
Motion for reconsideration	Main pleading explaining factual and legal errors
Specific references to evidence or law	Required to avoid a vague or pro forma MR
Proof of service on the other party	Needed before the court acts on the motion
Authority to sign, if filed by representative	Useful for corporations, associations, heirs, or parties abroad
Verification or oath, if required by agency rules	Required in some administrative, labor, or prosecutor proceedings
Certified true copies or annexes, if needed	Useful when citing documents not easily found in the record

For court cases, avoid attaching unnecessary new evidence unless the applicable remedy actually allows it. If the problem is newly discovered evidence, the proper remedy may be a motion for new trial, not a simple MR.

Special Issues for Filipinos Abroad and Foreigners

Being abroad does not automatically extend the MR deadline

If you have a lawyer of record in the Philippines, service on your lawyer usually controls the timeline. A party abroad should not assume that the 15-day period starts only when they personally see the decision.

This commonly affects:

OFWs with property, annulment, support, or inheritance cases
Foreign spouses in Philippine family cases
Foreign investors or business owners sued in the Philippines
Former employees or employers in labor cases
Accused persons or complainants outside the Philippines

Documents signed abroad may need notarization or apostille

If a party abroad must sign an affidavit, special power of attorney, board authority, or other document for use in the Philippines, the document may need proper notarization, consular acknowledgment, or apostille depending on where it is executed and what it is used for.

The DFA Apostille system applies to documents that previously required authentication, and Philippine government apostille resources explain the process and documentary requirements. (Apostille Philippines) Philippine consular resources also explain that documents from Apostille countries may no longer need Philippine embassy authentication once properly apostilled, while some private documents must first be notarized before apostille. (Philippine Consulate General)

Because MR periods are short, parties abroad should prepare signing authority early instead of waiting until the decision arrives.

Practical Timeline Examples

Example 1: Regular RTC civil case

Maria receives an RTC decision in a collection case on July 1. She has 15 days to file an MR. Her lawyer files it on July 10 and serves the other party. The other party files an opposition after 5 calendar days.

The MR may be considered submitted after the opposition is filed or after the opposition period expires. Under Rule 37, the trial court should resolve the MR within 30 days from submission for resolution.

A realistic waiting period may be 30 to 90 days, depending on the branch.

Example 2: Court of Appeals case

A party receives a CA decision on August 1. The MR is due within 15 days. The CA may require a comment or wait for the period to comment. Once the CA declares the MR submitted for resolution, Rule 52 gives a 90-day resolution period.

In practice, complex CA cases may take several months.

Example 3: Small claims case

A defendant loses a small claims case. Filing an MR is not the normal remedy because the decision is final, executory, and unappealable. Execution may issue after the decision and proof of receipt, subject to the small claims rules. (Supreme Court of the Philippines)

Example 4: Prosecutor resolution

In preliminary investigation, an aggrieved party may file a motion for reconsideration or reinvestigation within the period provided by DOJ rules. The DOJ’s NPS rules have recognized a 15-day period from receipt of the resolution, and only one MR is allowed before appeal to the DOJ when applicable. (Supreme Court E-Library)

This is common in estafa, qualified theft, falsification, cybercrime, BP 22, and other criminal complaints before the prosecutor’s office.

Common Mistakes That Can Ruin an MR

Filing late

Courts are strict with reglementary periods. If the MR is filed after the deadline, the decision may already become final and executory.

Counting from the wrong date

The deadline is usually counted from receipt, not the date of the decision. Keep the envelope, registry notice, email notice, or proof of electronic service.

Filing an MR when it is prohibited

In small claims and many expedited procedure situations, an MR may be a prohibited pleading. Filing one can waste precious time that should have been used for the proper remedy.

Filing a “copy-paste” MR

A motion that simply repeats old arguments without identifying specific factual or legal errors may be treated as pro forma. Under Rule 37, a pro forma MR does not toll the period to appeal.

Forgetting proof of service

The court may refuse to act on a written motion without proof that the other party was served. (Supreme Court of the Philippines)

Assuming the MR stops execution in every case

A timely MR often prevents finality, but there are exceptions. Some judgments are immediately executory by rule, such as certain ejectment and small claims outcomes. In the Court of Appeals, Rule 52 provides a stay unless the court directs otherwise for good reasons. (Supreme Court of the Philippines)

Missing the next remedy after denial

The denial of an MR is not the end of the timeline. It may start the period for appeal, petition for review, or Rule 65 certiorari. Under Rule 65, if a timely MR is filed, the petition must generally be filed within 60 days from notice of denial. (Supreme Court of the Philippines)

Frequently Asked Questions

How many days do I have to file a motion for reconsideration in the Philippines?

In many regular court cases, you have 15 days from receipt of the decision, judgment, or final order. Some agencies and special proceedings use different periods, such as 10 calendar days in certain labor proceedings, so always check the rule governing your forum.

Does the 15-day MR period include weekends?

Yes, periods are generally counted by calendar days unless the rule says otherwise. But if the last day falls on a Saturday, Sunday, or legal holiday where the court sits, the deadline moves to the next working day. (Supreme Court of the Philippines)

How long does the judge have to decide an MR?

For regular trial court civil cases under Rule 37, the MR should be resolved within 30 days from the time it is submitted for resolution. This is not always the same as the filing date.

How long does the Court of Appeals take to resolve an MR?

Rule 52 provides that the Court of Appeals should resolve an MR within 90 days from the date it declares the motion submitted for resolution. In practice, some cases take longer because of comments, internal review, and caseload.

Can I file a second motion for reconsideration?

Generally, no. Second MRs are prohibited in trial courts and in the Court of Appeals. At the Supreme Court, a second MR is allowed only in very exceptional circumstances and under strict internal requirements.

Does filing an MR stop the appeal period?

A timely and proper MR usually prevents the judgment from becoming final while it is pending. If denied, the fresh period rule may give a new 15-day period to appeal in covered cases. (Lawphil)

Can I file an MR in small claims?

No, an MR is generally prohibited in small claims. The decision is final, executory, and unappealable. (Supreme Court of the Philippines)

What should I do if my MR has been pending for months?

Check whether it has actually been submitted for resolution. The delay may be due to a required comment, incomplete service, unresolved incident, or missing record. A party may follow up with the branch clerk or records section using the case title, docket number, date of filing, and date of last submission.

Is an MR required before filing Rule 65 certiorari?

As a general rule, a prior MR is often expected because the lower court or agency should be given a chance to correct itself first. Rule 65 also specifically accounts for situations where a timely MR is filed and counts the 60-day period from notice of denial. (Supreme Court of the Philippines)

Can foreigners file or oppose an MR in Philippine courts?

Yes. Foreigners who are parties to Philippine cases may file or oppose an MR through Philippine counsel, subject to the same procedural deadlines. If documents are signed abroad, notarization, consular acknowledgment, or apostille may be needed depending on the document and country of origin. (Philippine Consulate General)

Key Takeaways

A motion for reconsideration usually has a short filing deadline, often 15 days from receipt in regular court cases.
The court’s time to resolve the MR is different from your time to file it.
In trial courts, Rule 37 provides a 30-day resolution period from submission for resolution.
In the Court of Appeals, Rule 52 provides a 90-day resolution period from submission for resolution.
A timely MR may trigger the fresh period rule, giving a new 15-day period to appeal if the MR is denied.
Small claims and many expedited procedure cases generally do not allow an MR.
A second MR is generally prohibited.
Always preserve proof of receipt, proof of filing, and proof of service because deadlines often decide the case before the merits are even reached.