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Improper Filing of Omnibus Motion

This case addresses whether an Omnibus Motion for Reconsideration and for New Trial filed via private courier LBC is proper. The court held that it is not proper, as the Rules of Court do not provide for service and filing of pleadings by courier service. In this case, Planters Development Bank's motion was filed one day late using LBC courier, and was sent to an address not covered by LBC at the time. The bank realized its mistake and re-filed the motion by registered mail, but by then the 15-day period to file had expired.

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126 views2 pages

Improper Filing of Omnibus Motion

This case addresses whether an Omnibus Motion for Reconsideration and for New Trial filed via private courier LBC is proper. The court held that it is not proper, as the Rules of Court do not provide for service and filing of pleadings by courier service. In this case, Planters Development Bank's motion was filed one day late using LBC courier, and was sent to an address not covered by LBC at the time. The bank realized its mistake and re-filed the motion by registered mail, but by then the 15-day period to file had expired.

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MAC
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GEORGE PIDLIP P. PALILEO and JOSE DE LA CRUZ v.

PLANTERS DEVELOPMENT BANK

G.R. No. 193650 | October 8, 2014

Del Castillo, J.

ISSUE: Whether the Omnibus Motion for Reconsideration and for New Trial filed via private courier – LBC – is
proper.

HELD:

NO, the Omnibus Motion for Reconsideration and for New Trial filed via private courier is improper.

PDB’s Omnibus Motion for Reconsideration and for New Trial was filed one day too late. The bank received
a copy of the trial court’s June 15, 2006 Decision on July 17, 2006; thus, it had 15 days – or up to August 1, 2006 –
within which to file a notice of appeal, motion for reconsideration, or a motion for new trial, pursuant to the Rules
of Court. Yet, it filed the omnibus motion for reconsideration and new trial only on August 2, 2006.

Its filing or service of a copy thereof to petitioners by courier service cannot be trivialized.1âwphi1 Service
and filing of pleadings by courier service is a mode not provided in the Rules. This is not to mention that PDB sent a
copy of its omnibus motion to an address or area which was not covered by LBC courier service at the time.
Realizing its mistake, PDB re-filed and re-sent the omnibus motion by registered mail, which is the proper mode of
service under the circumstances. By then, however, the 15-day period had expired.

ISSUE: Whether the Omnibus Motion for Reconsideration and for New Trial filed via private courier – LBC – is
proper.

HELD:

NO, the Omnibus Motion for Reconsideration and for New Trial filed via private courier is improper.

PDB’s Omnibus Motion for Reconsideration and for New Trial was filed one day too late. The bank received
a copy of the trial court’s June 15, 2006 Decision on July 17, 2006; thus, it had 15 days – or up to August 1, 2006 –
within which to file a notice of appeal, motion for reconsideration, or a motion for new trial, pursuant to the Rules
of Court. Yet, it filed the omnibus motion for reconsideration and new trial only on August 2, 2006.

Its filing or service of a copy thereof to petitioners by courier service cannot be trivialized.1âwphi1 Service
and filing of pleadings by courier service is a mode not provided in the Rules. This is not to mention that PDB sent a
copy of its omnibus motion to an address or area which was not covered by LBC courier service at the time.
Realizing its mistake, PDB re-filed and re-sent the omnibus motion by registered mail, which is the proper mode of
service under the circumstances. By then, however, the 15-day period had expired.

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