A perusal of the records of the case reveals that private respondents complied with the requirements of Sections 4 and 5 of Rule 15 of the Revised Rules of Court. Said motion contains the required notice of hearing. The specific date and time of the hearing of the motion was left by the respondents to the discretion of the court. We believe, and so hold, that private respondents substantially complied with the provisions of the Rules of Court regarding litigated motions. What is important is that petitioners were properly apprised that such motion was filed by private respondents. The obligation to notify them when the hearing on the motion would be heard rests on the trial court (The Heirs of Dela Rosa v. Calderon-Bargas, G.R. No. 147939, July 6, 2007).
Friday, February 10, 2012
Notice of Hearing
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