In the Philippine legal system, a Motion for Reconsideration (MR) is a foundational remedy available to a party who believes that a court’s decision or order is erroneous. It provides the presiding judge an opportunity to correct perceived errors of law or fact without the immediate necessity of escalating the case to a higher appellate court.
1. Governing Rules
The rules governing an MR depend on the stage of the proceedings and the type of court:
- Civil Cases: Rule 37 of the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure.
- Criminal Cases: Rule 121 of the Revised Rules of Criminal Procedure.
- Appellate Courts: Rules 52 (Court of Appeals) and 56 (Supreme Court).
2. Grounds for a Motion for Reconsideration
An MR cannot be filed on a whim; it must be based on specific statutory grounds. Under Rule 37, Section 1, a party may move for reconsideration based on:
- Excessive Damages: The damages awarded are too high.
- Insufficiency of Evidence: The evidence is insufficient to justify the decision or the verdict.
- Contrary to Law: The decision is in direct opposition to existing statutes or established jurisprudence.
Note: In criminal cases, the accused may move for reconsideration based on errors of law or fact in the judgment, or move for a New Trial based on newly discovered evidence or errors of law/irregularities during trial.
3. The Period for Filing
The "Reglementary Period" is strict. Failure to file within this window renders the judgment final and executory, meaning it can no longer be disturbed.
- Trial Courts (RTC/MeTC/MTCC): Within fifteen (15) days from notice of the judgment or final order.
- Court of Appeals: Within fifteen (15) days from notice of the decision.
- Prohibition on Extension: In the Trial Courts, the 15-day period is non-extendible.
4. Formal Requirements
To be valid and to stay the execution of a judgment, the motion must comply with formal requirements:
- In Writing: Oral motions for reconsideration of a final judgment are not permitted.
- Specific Errors: It must point out specifically the findings or conclusions of the judgment which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to the provisions of law alleged to be contrary to such findings.
- Notice of Hearing: Under the 2019 Amendments, the motion must include a notice of hearing addressed to the parties and the clerk of court, specifying the time and date for the hearing (though many courts now consider these litigious motions that require a comment/opposition from the other side first).
- Proof of Service: It must show that the opposing party was served a copy of the motion.
5. The "Pro Forma" Rule
A motion is considered pro forma (a mere formality) if it does not enumerate specific grounds or simply repeats arguments already passed upon by the court without further explanation.
- Consequence: A pro forma motion does not toll (stop) the 15-day reglementary period. If the court declares your motion pro forma, the time continues to run, and you may lose your right to appeal.
6. Effect of Filing
The filing of a timely and compliant MR suspends the period to appeal.
- If the motion is denied, the movant has the remaining period to file an appeal (the "Fresh Period Rule" or Neypes Doctrine generally allows for a fresh 15-day period from the receipt of the denial to file the notice of appeal in some contexts).
7. Prohibited Motions for Reconsideration
In certain proceedings, an MR is a "prohibited pleading" to ensure the speedy disposition of cases:
- Small Claims Cases: No MR is allowed against a decision in a small claims case.
- Summary Procedure: MRs are generally prohibited in cases falling under the Rules on Summary Procedure, except for certain interlocutory orders.
8. Second Motion for Reconsideration
As a general rule, a Second Motion for Reconsideration of a final judgment or order is strictly prohibited. The law favors "immutability of judgment," meaning there must be an end to litigation. In the Supreme Court, a second MR is only entertained in extremely rare instances involving higher interests of justice and requires an en banc vote.
9. Summary Table of Process
| Step | Action |
|---|---|
| 1 | Receipt of the Decision/Order (Start of the 15-day clock). |
| 2 | Drafting the Motion (Identifying specific legal/factual errors). |
| 3 | Service to the Opposing Party (Via registered mail or accredited courier). |
| 4 | Filing with the Court (With proof of service attached). |
| 5 | Opposing Party’s Comment (Usually ordered by the court within 5–10 days). |
| 6 | Resolution (The court grants or denies the motion). |