MOTU PROPRIO ON THE PART OF THE
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COURT
1) Misjoinder of causes of action - A
misjoined cause of action may, on
motion of a party or on the initiative of
the court, be severed and proceeded
with separately. (Rule 2, Sec. 6)
2) Misjoinder and non-joinder of parties -
Parties may be dropped or added by
order of the court on motion of any party
or on its own initiative at any stage of
the action and on such terms as are just.
Any claim against a misjoined party may
be severed and proceeded with
separately. (Rule 3, Sec. 11)
3) Striking out of pleading or matter
contained therein - Upon motion made
by a party before responding to a
pleading or, if no responsive pleading is
permitted by the Rules, upon motion
made by a party within 20 days after the
service of the pleading upon him, or
upon the court's own initiative at any
time, the court may order any pleading
to be stricken out or that any sham or
false, redundant, immaterial,
impertinent, or scandalous matter be
stricken out therefrom. (Rule 8, Sec. 12)
4) Formal amendments on the pleadings - A
defect in the designation of the parties
and other clearly clerical
typographical errors may be summarily
corrected by the court at any stage of
the action, at its initiative or on motion,
provided no prejudice is caused thereby
to the adverse party. (Rule 10, Sec. 4)
5) Dismissal due to fault of the plaintiff - If,
for no justifiable case, the plaintiff fails to
appear on the date of the presentation of
his evidence in chief on the complaint, or
to prosecute his action for
unreasonable length of time, or to
comply with the Rules or any order of the
court, the complaint may be dismissed
upon motion of the defendant or upon
the court's own motion, without
prejudice to the right of the defendant to
prosecute his counterclaim in the same
or in a separate action. (Rule 17, Sec. 3)
6) Reference to a commissioner - When the
parties do not consent, the court may,
upon the application of either or of its
own motion, direct a reference to a
commissioner in the following cases: (a)
When the trial of an issue of fact requires
the examination of a long account on
either side, in which case the
commissioner may be directed to hear
and report upon the whole issue or any
specific question involved therein; (b)
When the taking of an account is
necessary for the information of the
court before judgment, or for carrying a
judgment or order into effect; (c) When a
question of fact, other than upon the
pleadings, arises upon motion or
otherwise, in any stage of a case, or for
carrying a judgment or order into effect.
(Rule 32, Sec. 2)
7) Amendment of record on appeal - Upon
the filing of the record on appeal for
approval and if no objection is filed by
the appellee within 5 days from receipt
of a copy thereof, the trial court may
approve it as presented or upon its own
motion or at the instance of the appellee,
may direct its amendment by the
inclusion of any omitted matters which
are deemed essential to the
determination of the issue of law or fact
or
involved in the appeal. (Rule 41, Sec. 7)
8) Prior to the transmittal of the original
record or the record on appeal to the
appellate court, the trial court may, motu
proprio or on motion, dismiss the appeal
for having been taken out of time or for
non-payment of the docket and other
lawful fees within the reglementary
period. (Rule 41, Sec. 13, as amended by
AM No. 00-2-10-SC)
an
9) Action on the petition for review under
Rule 42 - The Court of Appeals may
require the respondent to file a comment
on the petition, not a motion to dismiss,
within 10 days from notice, or dismiss
the petition if it finds the same to be
patently without merit, prosecuted
manifestly for delay, or that the
questions raised therein are too
 unsubstantial to require consideration. 15) Action by the court in a petition for

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(Rule 42, Sec. 4) annulment of judgments or final orders
10) Action on the petition for review under and resolutions - Should the court find no
Rule 43 - The Court of Appeals may substantial merit in the petition, the
require the respondent to file a comment same may be dismissed outright with
on the petition, not a motion to dismiss, specific reasons for such dismissal. (Rule
within 10 days from notice, or dismiss 47, Sec. 5)
the petition if it finds the same to be 16) Oral argument - At its own instance or
patently without merit, prosecuted upon motion of a party, the court may
manifestly for delay, or that the hear the parties in oral argument on the
questions raised therein are too merits of the case, or on any material
unsubstantial to require consideration. incident in connection therewith. (Rule
(Rule 43, Sec. 8) 49, Sec. 1)
11) Dispensing with complete record of the 17) Dismissal of appeal in the Court of
case - Where the completion of the Appeals - An appeal may be dismissed
record could not be accomplished within by the Court of Appeals, on its own
a sufficient period allotted for said motion or on that of the appellee, on the
purpose due to insuperable or extremely following grounds: (a) Failure of the
difficult causes, the court, on its own record on appeal to show on its face that
motion or on motion of any of the the appeal was taken within the period
parties, may declare that the record and fixed by the Rules; (b) Failure to file the
its accompanying transcripts and notice of appeal or the record on appeal
exhibits so far available are sufficient to within the period prescribed by the
decide the issues raised in the appeal, Rules; (c) Failure of the appellant to pay
and shall issue an order explaining the the docket and other lawful fees; (d)
reasons for such declaration. (Rule 44, Unauthorized alterations, omissions or
Sec. 6) additions in the approved record on
12) Dismissal or denial of a petition for appeal; (e) Failure of the appellant to
review on certiorari - The Supreme Court serve and file the required number of
may on its own initiative deny the copies of his brief or memorandum
petition on the ground that the appeal is within the time provided by the Rules; (f)
without merit, or is prosecuted Absence of specific assignment of errors
manifestly for delay, or that the in the appellant's brief, or of page
questions raised therein are too references to the record; (g) Failure of
unsubstantial to require consideration. the appellant to take the necessary steps
(Rule 45, Sec. 5) for the correction or completion of the
13) Action by the court under Rule 46 - The record within the time limited by the
court may dismiss the petition outright court in its order; (h) Failure of the
with specific reasons for such dismissal appellant to appear at the preliminary
or require the respondent to file a conference or to comply with orders,
comment on the same within 10 days circulars, or directives of the court
from notice. (Rule 46, Sec. 5) without justifiable cause; and (i) The fact
14) Determination of factual issues -
that the order or judgment appealed
Whenever necessary to resolve factual
from is not appealable. (Rule 50, Sec. 1)
issues, the court itself may conduct 18) Dismissal of appeal in the Supreme Court
hearings thereon or delegate the - The appeal may be dismissed motu
reception of the evidence on such issues proprio or on motion of the respondent
to any of its members or to an on the following grounds: (a) Failure to
appropriate court, agency or office. (Rule take the appeal within the reglementray
46, Sec. 6) period; (b) Lack of merit in the petition;
(c) Failure to pay the requisite docket fee
 and other lawful fees or to make a
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deposit for costs; (d) Failure to comply
with the requirements regarding proof of
service and contents of and the
documents which should accompany the
petition; (e) Failure to comply with any
circular, directive or order of the
Supreme Court without justifiable cause;
(f) Error in the choice or mode of appeal;
and (g) The fact that the case is not
appealable to the Supreme Court. (Rule
56, Sec. 5)
19) Termination of receivership - Whenever
the court, motu proprio or on motion of
either party, shall determine that the
necessity for a receiver no longer exists,
it shall, after due notice to all interested
parties and hearing, settle the accounts
of the receiver, direct the delivery of the
funds and other property in his
possession to the person adjudged to be
entitled to receive them, and order the
discharge of the receiver from further
duty as such. (Rule 59, Sec. 8)
20) Enforcement of order granting support
pendente lite - If the adverse party fails
to comply with an order granting support
pendente lite, the court shall, motu
proprio or upon motion, issue an order of
execution against him, without prejudice
to his liability for contempt. (Rule 60,
Sec. 5)
21) Declaratory relief - The court, motu
proprio or upon motion, may refuse to
exercise the power to declare rights and
to construe instruments in any case
where a decision would not terminate the
uncertainty or controversy which gave
rise to the action, or in any case where
the declaration or construction is not
necessary and proper under the
circumstances. (Rule 63, Sec. 5)
22) Patently dilatory and unmeritorious
petitions for certiorari - The Court may
impose motu proprio, based on res ipsa
loquitur, other disciplinary sanctions and
measures on erring lawyers for patently
dilatory and unmeritorious petitions for
certiorari. (Rule 65, Sec. 8)
23) Motu proprio dismissal in forcible entry
and unlawful detainer cases - The court
may, from an examination of the
allegations in the complaint and such
evidence as may be attached thereto,
dismiss the case outright on any of the
grounds for the dismissal of a civil action
which are apparent therein. (Rule 70,
Sec. 5)
24) Failure to answer in forcible entry and
unlawful detainer cases - Should the
defendant fail to answer the complaint
within 10 days from service of summons,
the court, motu proprio or on motion of
the plaintiff, shall render judgment as
may be warranted by the facts alleged in
the complaint and limited to what is
prayed for therein. (Rule 70, Sec. 7)
25) Indirect contempt - Proceedings for
indirect contempt may be initiated motu
proprio by the court against which the
contempt was committed by an order or
any other formal charge requiring the
respondent to show cause why he should
not be punished for contempt. (Rule 71,
Sec. 4)
26) Motu proprio dismissal of cases falling
under summary procedure - After the
court determines that the case falls
under summary procedure, it may, from
an examination of the allegations therein
and such evidence as may be attached
thereto, dismiss the case outright on any
of the grounds apparent therefrom for
the dismissal of a civil action. (Revised
Rule on Summary Procedure, Sec. 4)
27) Failure to answer in cases falling under
summary procedure - Should the
defendant fail to answer the complaint
within 10 days from service of summons,
the court, motu proprio, or on motion of
the plaintiff, shall render judgment as
may be warranted by the facts alleged in
the complaint and limited to what is
prayed for therein. (Revised Rule for
Summary Procedure, Sec. 6)
28) Motu proprio dismissal of small claims
cases - After the court determines that
the case falls under the Rules, it may,
from an examination of the allegations of
the Statement of Claims and such
evidence attached thereto, by itself,
dismiss the case outright on any of the
 grounds for the dismissal of a civil action.
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(Revised Rules of Procedure for Small
Claims Cases, Sec. 11)
29) Failure to file response and appear at the
date set for hearing in small claims
cases - Should the defendant fail to file
his Response within 10 days from receipt
of summons, and likewise fail to appear
at the date set for hearing, the court
shall render judgment on the same day,
as may be warranted by the facts.
(Revised Rules of Procedure for Small
Claims Cases, Sec. 14)
30) Failure to answer in environmental cases
- Should the defendant fail to answer the
complaint within 15 days from receipt of
summons, the court shall declare the
defendant in default and upon motion of
the plaintiff, shall receive evidence ex
parte and render judgment based
thereon and reliefs prayed for. (Rules of
Procedure for Environmental Cases, Rule
2, Sec. 15)
31) Monitoring of compliance with judgment
and orders of the court by a
commissioner - The court may motu
proprio, or upon motion of the prevailing
party, order that the enforcement of the
judgment or order be referred to a
commissioner to be appointed by the
court. The commissioner shall file with
the court written progressive reports on
a quarterly basis or more frequently
when necessary. (Rules of Procedure for
Environmental Cases, Rule 5, Sec. 4
32) Failure to file return in a case for
Writ of Kalikasan - In case the respondent
fails to file a return, the court shall
proceed to hear the petition ex parte.
(Rules of Procedure for Environmental
Cases, Rule 7, Sec. 10)