Date: November 25, 1997

1997 Rules on Civil Procedure

2001 Edition Rule 49

Oral Arguments

Rule 49

ORAL ARGUMENTS

The CA may or may not require oral argument. Just read that.

Section 1. When allowed. At its own instance or upon motion of a party, the court may hear the parties in oral argument on the merits of a case, or on any material incident in connection therewith. (n)

The oral argument shall be limited to such matters as the court may specify in its order or resolution. (1a, R48)

Sec. 2. Conduct of oral argument. Unless authorized by the court, only one counsel may argue for a party. The duration allowed for each party, the sequence of the argumentation, and all other related matters shall be as directed by the court. (n)

Sec. 3. No hearing or oral argument for motions. Motions shall not be set for hearing and, unless the court otherwise directs, no hearing or oral argument shall be allowed in support thereof. The adverse party may file objections to the motion within five (5) days from service, upon the expiration of which such motion shall be deemed submitted for resolution. (2a, R49)

How are cases decided in the CA? Normally, you file your petition; submit argument in writing; then you wait for the decision. But sometimes, the CA is provoked by legal issues. So the CA would decide to listen to oral arguments of the parties, especially when the case is controversial.

Under Section 3, one difference between motions filed in the RTC and in the CA is that:

a.) in the RTC, there must be notice of hearing (Rule 15) attached to the motion, otherwise it will be denied;

b.) in the CA, there is no need for notice of hearing to be attached to the motion.

-oOo-

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