This case has been cited 2 times or more.
|
2004-11-17 |
YNARES-SATIAGO, J. |
||||
| In Criminal Case No. 13280, respondent judge granted on December 26, 2002, without hearing, 2 urgent motions to lift hold departure order (or to allow accused Richard Friend to travel to the U.S.A. The first motion received by the court on December 17, 2002 did not contain a notice of hearing while the notice of hearing in the second motion dated December 23, 2002 was addressed to the Clerk of Court of Branch 36 requesting that he submit the same to the consideration of the Court/Executive Judge. Clearly, the said motions did not comply with Section 4, Rule 15 of the Rules of Court requiring that a written motion shall be set for hearing by the applicant, except those which the court may act upon without causing prejudice to the rights of the adverse party. A motion without notice of hearing is pro forma. A mere scrap of paper, and presents no question which the court would decide.[18] | |||||
|
2004-06-17 |
TINGA, J. |
||||
| The Rules of Court is explicit on this point.[23] A motion without notice of hearing is pro forma, a mere scrap of paper. It presents no question which the court could decide. The court has no reason to consider it and the clerk has no right to receive it. The rationale behind the rule is plain: unless the movant sets the time and place of hearing, the court will be unable to determine whether the adverse party agrees or objects to the motion, and if he objects, to hear him on his objection. The objective of the rule is to avoid a capricious change of mind in order to provide due process to both parties and to ensure impartiality in the trial.[24] | |||||