This case has been cited 1 times or more.
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2011-02-16 |
PEREZ, J. |
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| Jurisprudence had been categorical in treating a litigious motion without a valid notice of hearing as a mere scrap of paper.[39] In the classic formulation of Manakil v. Revilla,[40] such a motion was condemned as: x x x [n]othing but a piece of paper filed with the court. It presented no question which the court could decide. The court had no right to consider it, nor had the clerk any right to receive it without a compliance with Rule 10 [now Sections 4 and 5 of Rule 15]. It was not, in fact, a motion. It did not comply with the rules of the court. It did not become a motion until x x x the petitioners herein fixed a time for hearing of said alleged motion. (Emphasis supplied). | |||||