Motion for Reconsideration (Philippines)

A Motion for Reconsideration in the Philippines sets out the complainant's allegations and the relief sought from the authority or forum it is addressed to.

In Philippine civil cases before Regional Trial Courts, the Motion for Reconsideration of a final order is governed by Rule 37 of the 1997 Rules of Civil Procedure (as amended by the 2019 Amendments, A.M. No. 19-10-20-SC). Under Rule 37, Section 1, a party may file a Motion for Reconsideration of any judgment or final order of a Regional Trial Court within 15 days from notice of the judgment or order. The filing of a Motion for Reconsideration tolls the running of the period to appeal — the period to appeal resumes from the receipt of the order denying the motion.

In Philippine appellate proceedings before the Court of Appeals, a Motion for Reconsideration of a Court of Appeals decision or resolution is governed by Rule 52 of the Rules of Court and Internal Rules of the Court of Appeals (A.M. No. 02-10-11-CA). The motion must be filed within 15 days from notice of the decision under Rule 52, Section 1. Only one Motion for Reconsideration is allowed before the Court of Appeals, and a second Motion for Reconsideration is a prohibited pleading under Rule 52, Section 2.

In NLRC labor proceedings, a Motion for Reconsideration of a Labor Arbiter's decision must be filed within 10 days from receipt of the decision under Rule VI, Section 1 of the 2011 NLRC Rules of Procedure. The filing of a Motion for Reconsideration with the Labor Arbiter is not the proper remedy — the proper remedy is an appeal to the NLRC Commission under Rule VI. However, a Motion for Reconsideration of an NLRC Commission decision (as opposed to the Labor Arbiter's decision) may be filed within 10 days under Rule IX, Section 16 of the 2011 NLRC Rules, and this Motion for Reconsideration is required before filing a Petition for Certiorari before the Court of Appeals under Rule 65.

The legal framework governing the Motion for Reconsideration (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Motion for Reconsideration (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Civil Code of the Philippines (RA 386) sets the foundational requirements.

A Motion for Reconsideration is needed whenever a Philippine court or quasi-judicial body renders a decision, resolution, or order that is adverse to a party, and the party believes the decision contains factual or legal errors that justify modification or reversal before seeking appellate review.

A Motion for Reconsideration of an RTC decision is needed when a defendant receives an adverse Regional Trial Court judgment in a civil case and wants to preserve the right to appeal to the Court of Appeals under Rule 41, since the filing of the Motion for Reconsideration tolls the 15-day appeal period under Rule 37, Section 1 of the Rules of Court.

A Motion for Reconsideration of an NLRC Commission decision is required before filing a Petition for Certiorari before the Court of Appeals in labor cases. The Supreme Court held in St. Martin Funeral Homes v. NLRC (G.R. No. 130866, September 16, 1998) that NLRC decisions are reviewable by the Court of Appeals under Rule 65, not by direct appeal — and the Motion for Reconsideration of the NLRC Commission decision must be filed first.

A Motion for Reconsideration of a BIR Final Decision on Disputed Assessment (FDDA) is required before filing a Petition for Review before the Court of Tax Appeals (CTA) under Section 7 of RA 9282 and Rule 8 of the Revised Rules of CTA (A.M. No. 05-11-07-CTA). The CTA has exclusive appellate jurisdiction over decisions of the Commissioner of Internal Revenue.

A Motion for Reconsideration of an OMB resolution is needed before filing a Petition for Review before the Court of Appeals under RA 6770 (Ombudsman Act) and DOJ-OMB Circular No. 95-001, as the Ombudsman's preliminary investigation resolution must be contested first through a Motion for Reconsideration before it can be elevated to court.

A Motion for Reconsideration of a COMELEC resolution is required before filing a Petition for Certiorari before the Supreme Court under Rule 64 of the Rules of Court, as COMELEC resolutions in election cases must be reconsidered by the COMELEC en banc before being elevated to the Supreme Court.

A complete and properly formatted Philippine Motion for Reconsideration must contain the following elements to comply with the applicable procedural rules and maximize the chances of a favorable ruling.

Caption, Court, and Case Reference: The complete case caption identical to the complaint or initiatory pleading, the court name and branch, the case number, and the specific decision, order, or resolution being challenged (with the date of the decision and the date of receipt by the movant). The filing deadline — typically 15 days from receipt for RTC and CA proceedings under Rules 37 and 52 — must be computed and stated in the motion.

Statement of Assailed Decision: A brief summary of the decision or order being challenged, identifying the specific findings and dispositions that the movant seeks to have reconsidered. A clear identification of the challenged rulings — for example, 'the February 14, 2025 Decision of Branch 148, RTC Makati, dismissing Civil Case No. 25-001234 for prescription' — focuses the court's attention on the specific issues.

Grounds for Reconsideration: The specific factual or legal errors in the assailed decision, stated with particularity. Philippine courts require that a Motion for Reconsideration specify the error committed with particularity — a general claim that the decision is 'contrary to law' without specifying which law and how is insufficient and may be denied outright. Under Rule 37, Section 2 of the Rules of Court, the motion must point out specifically the findings or conclusions which are not supported by the evidence or which are contrary to law.

Legal Arguments: A detailed discussion of the applicable law, rules of procedure, and Supreme Court jurisprudence demonstrating why the decision or finding should be reversed or modified. Philippine courts give great weight to Supreme Court precedents binding under Article 8 of the Civil Code — the Motion should cite the most directly relevant and recent Supreme Court decisions on the issue.

Evidence and Annexes: For Motions for Reconsideration based on newly discovered evidence under Rule 37, Section 1(b) — evidence that could not have been discovered with reasonable diligence during the trial — the new evidence must be attached as annexes with an explanation of why it was not previously submitted.

Prayer: A specific prayer asking the court to (1) grant the Motion for Reconsideration, (2) set aside or modify the assailed decision, order, or resolution, and (3) grant the specific relief that should have been granted — reinstatement of the case, reversal of the dismissal, modification of the award amount, or other relief as warranted.

Notice of Hearing: Under Rule 15, Section 5 of the Rules of Court, a Motion for Reconsideration is a litigious motion requiring a notice of hearing addressed to the opposing party with at least 3 days prior notice. The notice must state the date, time, and place of hearing. Failure to include a proper notice of hearing may render the motion a mere scrap of paper under Galvez v. Court of Appeals (G.R. No. 114046, October 24, 1994). The forms-legal.com Motion for Reconsideration (Philippines) template covers the mandatory elements under Civil Code of the Philippines (RA 386).