JAN.

7, 2015
If you have read that particular case, the case is about demurrer to evidence and the effect if in case
the demurrer is granted and the effect if it is denied. I told you that if the demurrer is granted,
according to our rules, that is final and executory. The remedy there is to appeal, although it refers that
the day he loses (00:53) his right to present evidences by the appellate court, you can recall, should
not be mannered (01:04) the case instead the appellate court should render the decision based on
presented by the plaintiff. Of course if it is denied it is not appealable because it is interlocutory. As I
was saying last night that unlike in new (01:23) evidence, if the ___ is denied, the
RULE 34: JUDGMENT ON PLEADINGS
When will you file a motion for judgment on pleadings?
Richmond: when there is no
Can you take out the word genuine? Because we are talking about judgment on the pleadings, I think
the word genuine is used on summary judgment. If you notice, that is the difference between
judgment on the pleadings, it does not use the word genuine. But summary judgment uses it.
If answer filed by defendant fails to tender an issue or otherwise there is an admission of material
allegations in the complaint of the plaintiff, you can file judgment on pleadings.
So from sec. 1 of this particular rule, we can deduce that a judgment on the pleadings requires the
filing of the motion. It has to comply with the 3-day notice rule. However there is an exception. The
pre-trial conference where there were admissions, diba I told you one of the matters to be taken up
during PTC would be stipulation of facts diba, remember that? Tapos the plaintiff stipulated material
facts and these are all admitted by the defendant so in that particular case the court may allow to
render judgment based on the previous submitted by the parties. Thats the exception to the rule. Just
like what I have said earlier, very clear in sec. 1 that you must file a motion, if you feel that the answer
failed to render an issue or merely admitted the allegations in plaintiffs complaint, except I repeat,
during pre-trial, there were admissions made by the defendant, then the court may render judgment
on pleadings.
You notice that when the plaintiff files a motion for judgment on pleadings, parang he admits the
material and relevant facts in the answer of the defendant, can there be an exception to that? Because
when you file a motion for judgment on pleadings, incontestably its as if you admitted also, the
relevant facts in the answer of the defendant. That will be the ___ found in the motion for judgment on
pleadings. Is there an exception? Except on the amount of damages, because as far as damages are
concerned, this might require a rule (?). Or those facts which are irrelevant, those are not deemed
admitted.
What are the exceptions to the rule that there could be no judgment on the pleadings?
1. Annulment of marriage
2. Legal separation cases
3. Declaration of nullity of marriage
These are subjected to compromise agreement except in the aspect of annulment of marriage,
prays for the dissolution of the absolute community properties or support which might be subjected to
the compromise agreement but as far as the petition itself is concerned, its not allowed. They say
likewise in this rule, no judgment on pleadings on annulment of marriage, declaration of nullity of
marriage, and legal separation.
What is the reason why these are not subject to judgment on pleadings? So these 3 are exceptions, not
only in judgment of pleadings but likewise in summary judgment. Do you know the reason why?
Because there can be no declaration of default in a nullity of marriage. The respondent can always file

his answer anytime, in any stage of the proceedings and can be admitted by the court that is the
effect diba?

How is it differentiated from summary judgment?

JUDGMENT ON PLEADINGS

SUMMARY JUDGMENT

PROPER when it appears that there is NO genuine

issue between the parties
BASED
EXCLUSIVELY
upon
pleadings
w/o
introduction of evidence

PROPER even If there is an issue as to damages

recoverable
BASED on pleadings + affidavits, depositions and
admissions of the parties showing that, except as
to the amount of damages, there is no genuine
issue
AVAILABLE in actions to recover a debt, or
liquidated sum of money, or declaratory relief

AVAILABLE in any action

XPNs: declaration of nullity, annulment of
marriage, legal separation
Subject only to the 3-day notice rule and where all
the material averments of the complaint are
admitted, such motion may even be made ex
parte

Required PRIOR 10-day notice

You notice, that on the judgment on the pleadings, of course it is solely based on the pleadings
submitted by both parties. However, in summary judgment aside from the pleadings submitted by the
parties, they are also required to submit three: 1. Affidavits, 2. Depositions and 3. Admissions. Next,
judgment on the pleadings is available in all actions except for the 3 mentioned earlier, but summary
judgment is only available in 3 instances: 1. Recovery of debt, 2. Recovery of liquidated sum of money,
3. Special civil action of declaratory relief. Those are the only 3 cases upon which the law allows for the
filing of summary judgment. Unlike the judgment on the pleadings which is available in all the cases
except for the 3.
(DE DIOS)
What is the next distinction? Theres another one pa there. In judgment on the pleadings, it has to
comply with the 3-day notice rule. What about in summary judgment? 10 days. If you can recall we
discussed on motions, diba you should always comply with the 3-day notice rule but there is an
exception: in cases of motions for summary judgment, it has to be filed within the 10-day rule.
Meaning to say, when you file a motion for summary judgment, see to it that date should be 10 days
before otherwise that will ___ by court in connection with the rule, unlike with the judgment on
pleadings, it has to comply with the 10-day rule.

RULE 35: SUMMARY JUDGMENT

(16:50) In summary judgment, if it did not raise genuine issue but in judgment of pleadings, it talks
about issue and admission of the material allegations, and based on the pleadings of depositions and
admissions if he can raise the genuine issue then he can file a for a motion on summary judgment
meaning to say, it is the plaintiff who files it just like in the motion for judgment on the pleadings.
Can a defendant file a motion for summary judgment?
YES. It is the plaintiff who will file the motion for judgment of pleadings. Usually, it is the plaintiff
likewise, who files the motion for summary judgment. This is because of Sec. 2. I repeat, it is the
plaintiff who will file the motion of judgment of pleadings upon receipt of the answer. Likewise, it is the
plaintiff who will file the motion of summary judgment. But apparently, sec. 2 will give us the
conclusion that a motion for summary judgment can also be filed by the defendant.
What do you mean by genuine issue?
Diba because summary judgment says it did not enter genuine issue based on the pleadings,
depositions, affidavits and admissions, then other party can file for summary judgment... Because in if

based upon these particular documents, there is a genuine issue, then definitely the court has to deny
your motion for summary judgment. What is the concept?
Genuine issue is an issue of fact which calls for the presentation of evidence, as distinguished from
an issue which is fictitious or contrived so as not to constitute a genuine issue for trial. From the
allegations in the pleadings, in the depositions, affidavits, and admissions that there are facts which
actually require the presentation of evidence, then the court has no other choice but to deny the
motion, because summary judgment is only allowed in cases where it did not tender genuine issue. I
think that is justified because how can the court rule if the issue requires a presentation of evidence?
That is very clear my dear students.
And like what I said the same also with judgment on the pleadings. Annulment ha, but anyway,
automatic yan because it is limited naman to 3 cases of recover a debt, or liquidated sum of money, or
declaratory relief.

Can you give me the case of Christina Deillo (?) Because you can appreciate what we are talking
about. I think the ____ is a perfect place for judgment on the pleadings.
Christina case:
This is involving an annulment of an extrajudicial partition, which were actually executed by the heirs
of San Jose, however the extrajudicial partition excluded some heirs so definitely the heirs filed an
action to annul that is the consequence. A compulsory heir cannot be pre-deleted. So definitely since
the extrajudicial partition excluded some compulsory heirs, the latter filed an action to annul the
extrajudicial partition.
Upon filing the complaint, Mr. Maccabeo, what was the answer of the defendants here?
The answer was that they denied that the extrajudicial partition was not a forgery but they admitted
that the plaintiffs in this case were actually compulsory heirs. They admitted. They denied that it was a
forgery. But they admitted that the plaintiffs, the one who filed the annulment were compulsory heirs.
So with that, they filed with motion for judgment on the pleadings. It reached up to the Supreme Court
and how did the Supreme Court rule on that? Was it proper? YES. It was proper. Because the fact that
they admitted that the plaintiffs are compulsory heirs then therefore, it did not tender an issue. What
else would they prove in court when the defendants there have already admitted that the plaintiffs are
actually compulsory heirs of the person subject of the extrajudicial partition. So we that, the plaintiffs
filed for motion for judgment on the pleadings. It was granted, all the way questioned in the Supreme
Court, the Supreme Court said, the judgment on the pleadings was proper because the answer actually
failed to tender an issue and that the defendants actually admitted that the plaintiffs are compulsory
heirs. So, thats perfect example.
Can there be a partial summary judgment? When will this happen?
In cases where summary judgment was made, the court will then ascertain the facts which are
material and uncontroverted. Yah pwede yan. Actually during pre-trial conference, you can determine
facts which are uncontroverted. Meaning to say, facts which are admitted already, then facts which are
controverted. So as far as uncontroverted facts are concerned why do you have to present pa evidence
there? You can file a motion for summary judgment and therefore the presentation of evidence will
only be limited now to facts which are actually controverted.
What will happen, Mr. De Dios, Christian Eduard, if the court now grants the motion for summary
judgment and court renders a decision based on that? What will happen to that particular decision?
You will have to wait for the presentation of the evidence and the finality of the case of the other parts
which concerns the controverted facts. You know what is stayed? It means SUSPENDED. To await

finality as far as the other parts are concerned that is the effect. But the law incontestably allows
partial summary judgment.
*Distinguish summary judgment and judgment on the pleadings, bangin gumawas ha
midterms.*

RULE 36: JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

(PETILLA)
Judgment is synonymous to decision, yes? For a judgment to be valid it has to require the following
requisites:
1.
2.
3.

It must be in writing, personally & directly prepared by the judge

Must clearly state clearly and distinctly the facts and the law on which it is based
It must contain a dispositive portion and should be signed by the judge and filed with the clerk
of court

What is the other term for dispositive portion? Falio (?). How do you call the body of the decision? Ratio
decidendi (the point in a case which determines the judgment) What is obiter dictum? These are called
opinions which stem from the decision.
There are times that there is a conflict between the ratio decidendi and the falio. Which will prevail?
Falio will prevail over the ratio decidendi. Is there an exception? What is that? And the rule is: the falio
will prevail in case there is conflict between the decision and the body of the decision because my dear
students, what will be executed is not the body of the decision but the dispositive portion. Bagan
wherefore ba, premises considered.
What is the exception?
YES. If there is a little ambiguity in the dispositive portion, resort to the body of the decision. If you are
the counsel of the winning party and you noticed that the dispositive portion is ambiguous, even if you
go to the body of the decision, you find that it is also ambiguous, what will you do? CRY. And file a
motion for clarificatory judgment.
There are several kinds of judgment. There is a judgment based on compromise. What is it?
It is in fact one of the grounds upon which trial of the case can be postponed if there is a possibility for
the parties to enter into a compromise agreement. If is a possibility that one party may enter into a
compromise agreement, the court will always grant it and the case will be rescheduled. That is a valid
ground to reschedule the hearing of that case.
What is the effect if the parties enter into a compromise agreement, and judges are also praying for
that. Thats why we have ADR of 2004, where all civil cases are only subject to ____ pursuant to the act
of 2004. In fact, aside from the ADR, we also have the JDR (Judicial Dispute Resolution). If there is
failure of the mediation, then it is submitted to the court and the court, before conducting a pre-trial
conference, may conduct a JDR. Do you know that in the conduct of a JDR, the court can tell a plaintiff
if theyll lose in a case, so they better into a compromise. For a JDR thats not successful, the judge
conducting it will not be the one to hear it, it will be raffled to another. Thats the effect. You can
actually purge the party into entering into a settlement.
Is a judgment based on a compromise agreement final and executory? Can you appeal?
What you do is final a motion to set aside the compromise agreement within the 15-day period from
receipt of that judgment. And you anchor your motion on what ground? Fraud, mistake, force,

intimidation. Unfortunately, even if you are able to prove to the court the compromise agreement, you
are only compelled by force or intimidation to sign the compromise agreement, the court denied your
compromise agreement.
What is your remedy?
APPEAL. A judgment on a compromise agreement is not appealable because it is final and executory.
What you can do is file a motion to set aside the compromise agreement, if that is denied, that denial
can now be the subject of appeal.

What is Judgment Non Pro Tunc? English term? What is the purpose?
It is a judgment intended to enter into the records a judgment which was made before but not entered
into the records of a cases. This is to make judgment final.
How can a judgment become final when it was not yet entered into the Book of Entries of judgment? In
criminal and civil cases, if you want to determine the finality of the decision, you base it on the date of
entry of that particular judgment made by the clerk of court. Kasi diba after we render a decision, we
give it to the clerk of court and we call it RENDITION OF JUDGMENT it is the filing of the decision with
the clerk of court and the clerk of court is duty-bound to enter the same into the records of the book of
judgment kasi that is the reckoning point as to when to consider the decision as final and executory.
Diba mga motions for executions, those are very important, you have to base it on the date from when
will it start.
(JOSOL)
Can you enumerate the other kinds of judgment?
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.

Judgment by default
Judgment on the pleadings
Summary judgment
Several judgment
Separate judgment
Judgment for specific acts
Special judgment
Judgment upon confession
Judgment upon compromise / consent / agreement
Clarificatory judgment
Judgment nunc pro tunc

What is a several judgment?

When there are several defendants and the court renders judgment against one or more of them,
leaving the action to proceed against the others.
What is a special judgment?
When the judgment requires the ___ of certain acts of ___ or the delivery of personal property (47:00)
What is a separate judgment?
When there are different claims and you can render separate judgment based on each particular claim.
What is a judgment upon confession? Do you think this is allowed?

When the defendant appears in court or files a pleading expressly agreeing to the plaintiffs demand.
Not allowed. The law allows compromise agreement but never judgment upon confession. Kasi in
confession you do away with trial and that is not allowed.
What is immutability of judgment?
There has to be an end of a judgment. That is the general rule. There are certain exceptions where
judgment may not be executed and that will be lectured more in rule 39.
We take up the case for summary judgment. About the collection for sum of money DENIED. There
are some facts which will require presentation of evidence.