Motion for Reconsideration Notarization Requirement Philippines

here’s a no-nonsense, everything-you-need legal guide (Philippine context) to the notarization (and verification) rules for a Motion for Reconsideration (MR)—when it’s required, when it’s not, how it changes across courts and agencies, how defects affect deadlines, and what to file if sworn statements are involved.


1) The 10-second answer

  • Courts (civil & criminal): An MR is generally not required to be notarized or verified. File it in writing, state specific grounds, and serve the other side.
  • Administrative / quasi-judicial bodies: Check the agency’s rules. Some require a “verified” MR (thus sworn/notarized); many do not.
  • If your MR relies on affidavits or newly discovered evidence: the affidavits must be sworn (i.e., notarized), even if the MR itself is unverified.
  • Certification against forum shopping is not required for an MR (it isn’t an initiatory pleading).

2) What “notarized” vs “verified” actually means

  • Notarization: a notary administers an oath and certifies the document (jurat/acknowledgment). A notarized document is a public document with evidentiary weight.
  • Verification: the party swears that allegations are true and based on personal knowledge/authentic records. If a rule or order says “verified motion”, that means sworn (so you notarize it).
  • Affidavits: always sworn. If your MR attaches affidavits (e.g., for a motion for new trial & reconsideration based on new evidence), those affidavits must be notarized—even if the MR itself is not.

3) By forum: do you need notarization?

A) Regular courts (civil cases; 2019 Amendments to the Rules of Civil Procedure)

  • MR (Rule 37, Rule 52 by analogy): No notarization/verification required by default.
  • Hearing notice: Not required to set one yourself for most litigious motions; the court usually orders a comment. (Comply with your court’s practice.)
  • Attachments: If you use affidavits or judicial affidavits, they must be sworn.
  • Effect on appeal period: A timely MR tolls (stops) the reglementary period to appeal. A pro-forma MR (e.g., vague or repeating arguments) does not.

B) Criminal cases

  • Motion for reconsideration of a judgment/incident: No general notarization requirement.
  • Motion for new trial & reconsideration based on newly discovered evidence (Rule 121): requires affidavits of witnesses or duly authenticated documents—these must be sworn/notarized.

C) Small claims / special rules

  • Small Claims: MRs are prohibited—don’t file one.
  • Special civil actions / special proceedings: follow the specific Rule or special statute; if it says “verified motion,” notarize it.

D) Labor & employment (NLRC/DOLE)

  • Labor Arbiter decisions: remedy is appeal to NLRC (not MR).
  • NLRC decisions: an MR is generally allowed by the NLRC Rules, but verification is not ordinarily required unless the Rules/Order say so. If you attach affidavits, those must be sworn.
  • Regional DOLE orders (wage/standards, etc.): many allow Motions for Reconsideration; verification depends on the Department’s rule/notice—check the specific issuance.

E) Civil Service Commission (CSC), Ombudsman, and similar bodies

  • CSC: MR is allowed; verification usually not required unless directed; swear any supporting affidavits.
  • Ombudsman: MR is allowed; the MR itself typically need not be verified; affidavits attached must be sworn.
  • Other agencies (e.g., SEC, HLURB/HSAC, DARAB, CTA, BIR administrative, BI): read the agency’s rules or the dispositive order. Some require a “verified MR” or sworn statements—in which case you notarize.

Rule of thumb: If the rule, order, or form uses the word “verified”, sign before a notary. If it doesn’t—and you’re not using affidavits—no notarization is required.


4) Practical effects of getting notarization wrong (and how to cure)

  • Unverified MR when verification is required: It’s a formal defect, usually curable. Courts and agencies often allow you to submit a verified version within a set time.
  • Affidavits not sworn: The factual assertions may be disregarded; your MR could be denied for lack of competent proof. Cure by submitting properly notarized affidavits.
  • Deadlines: Filing a timely (but defective) MR generally still tolls appeal time if it raises substantive grounds (not pro-forma) and the defect is promptly cured when required. Don’t gamble—cure at once if the other side objects or the tribunal flags it.

5) Service & formatting (don’t confuse with notarization)

  • Service is mandatory: Serve your MR on the other party (personally, by courier, or electronically—follow the forum’s rules). Attach proof of service.
  • Contents: Caption, title (“Motion for Reconsideration”), case number, specific grounds, relief prayed for, date and signature, and MCLE/IBP details if you’re counsel.
  • Electronic filing: If your forum accepts e-filing, follow its signature rules (wet ink vs. electronic signature). Notarization of the MR is still not required unless it’s a verified MR.

6) When you should choose to verify anyway (even if not required)

Consider filing a verified MR (i.e., notarized) if:

  • You are asking the tribunal to consider factual matters outside the existing record and you can personally attest to them;
  • The adverse party is claiming your MR is pro-forma; a verification can underline the good-faith factual basis;
  • The judge/hearing officer informally prefers verified filings in your sala/agency.

(Verification adds credibility but also exposes you to perjury sanctions if false. Be accurate.)


7) Quick decision tree (copy/paste)

  1. What forum? Court? Agency?

  2. Do its rules or the decision/order say “verified MR”?

    • Yes → Prepare a verified (sworn/notarized) MR.
    • No → Ordinary MR (unsworn) is fine.
  3. Are you attaching factual affidavits or invoking new evidence?

    • Yes → Affidavits must be sworn/notarized.
    • No → No sworn attachments needed.
  4. Deadline? File within rule-prescribed period (commonly 15 days in courts; agency periods vary).

  5. Serve the other side and keep proof of service.


8) Templates you can adapt

A. Unverified MR (courts/agencies where verification isn’t required)

MOTION FOR RECONSIDERATION [Caption] Grounds: (1) Specific errors of fact/law; (2) Misapprehension of evidence; (3) Overlooked controlling points. Prayer: Reverse/modify the [Order/Decision] dated [date]. [Date, counsel’s signature, roll/IBP/MCLE; proof of service]

B. Verified MR (when the rule/order requires it)

VERIFIED MOTION FOR RECONSIDERATION [Body as above] Verification and Certification I, [Name], of legal age, state that I have read this motion; the facts stated are true based on my personal knowledge/authentic records; and I am executing this verification to attest to the truth thereof. [Signature of movant] JURAT: Subscribed and sworn to before me this [date] at [place], affiant exhibiting [ID details]. Notary Public (PTR/IBP/MCLE details)

C. Witness Affidavit (for MR/new trial based on new evidence)

AFFIDAVIT OF [WITNESS] [Personal knowledge of facts; annex the new documents.] JURAT (Notarized)


9) Common pitfalls (and how to avoid them)

  • Treating MR like a new case: Don’t attach a forum-shopping certification—it isn’t required.
  • Unsigned or undated MR: Always sign; indicate counsel’s details; attach proof of service.
  • Vague “please reconsider”: Pro-forma MRs don’t toll appeal time. State specific errors and citations to the record.
  • Unsuitable forum: In small claims, MR is barred; use the proper post-judgment remedies (if any) under the rule.
  • Affidavits without jurat: If facts outside the record matter, notarize the supporting statements.

10) Bottom line

  • In Philippine practice, a Motion for Reconsideration usually does not need notarization.
  • Notarize only when the rules or order require a “verified” MR, or when you submit affidavits/new evidence.
  • Timeliness, specificity, and proper service matter more than a jurat on the MR itself.
  • When in doubt for an agency case, check the body’s procedural rules or the dispositive order—and if it says “verified,” sign before a notary.

This guide is general information, not legal advice. For edge cases (e.g., agency-specific verification mandates, e-filing signature acceptance, or motions intertwining with criminal remedies), consult counsel or the forum’s clerk/legal office.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.