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Rule 35 SUMMARY JUDGMENTS
If the court renders a summary judgment, then the remedy is appeal from the summary
judgment.
So, the party adversely affected by the summary judgment may appeal from the summary
judgment.
But there may also be partial summary judgment, like when there's so many claims asserted
in a complaint, and as to some of these claims, there's no genuine issue, and so the court may
render a summary judgment as to these claims. But the case will remain as to the claims not
disposed of. So that will be partial summary judgment.
Q: May a partial summary judgment be appealed?
A: No. Because a partial summary judgment is interlocutory.
What are the distinctions between a Judgment on the pleadings and a Summary
Judgment?
1. Only the plaintiff may move for judgment on the pleadings, while in summary judgment
the moving party may either be the plaintiff or the defendant.
2. In judgment on the pleadings, the motion may be filed only if an answer to the complaint
has already been filed. On the other hand, in summary judgment, the motion may be filed
before or after an answer has been filed.
So if the movant is the plaintiff, there must already be an answer to the complaint, but if the
one who is filing the motion is the defendant ,he may file the motion for summary judgment
before or after he has filed an answer.
3. In judgment on the pleadngs, there is no issue because the answer fails to tender an issue
or it otherwise admits the material allegations in the complaint. On the other hand, there is no
genuine issue in summary judgment, there is an apparent issue but it can be shown by
affidavit, deposition or by admission that the issue is false.
4. The judgment on the pleadings is based only on the pleadings. On the other hand,
summary judgment is based on facts as pleaded in the pleadings attached which are proven by
affidavit, admission and deposition.
5. A motion for judgment on the pleadings must be filed at least 3 days before the date of the
hearing. On the other hand, summary judgment should be filed at least 10 days before the
date of the hearing.
RULE 36 JUDGMENTS
Requirements of a valid judgment
1. It must be in writing
* So a judgment that is not in writing is void
* It must be written in an official language ( English / Filipino)
2.) It must be personally and directly prepared by the judge
3.) It must state clearly and distinctly the facts and the law upon which it is based.
4.) It must be signed by the judge.
5.) It must be filed with the clerk of court ( the act of filing it with the clerk of court is what
constitutes rendition of judgment)
If one or some of the requirements are wanting, then the judgment is void. Specially the third
one, because it is a constitutional requirement.
Q: How will you know the facts involved in a case?
A: Based on the evidence presented.
So the plaintiff will present evidence and the defendant presents evidence. So there would
be coalition, and it is up to the judge to determine what really are the facts.

Supposed the judge himself misunderstood the evidence and the law, he got the facts all
wrong and the law also is wrong. The law that is cited is not also correct.
Q: Is the judgment valid ?
A: Yes, it is valid although it is wrong. And so if the judgment is valid but wrong according
to the plaintiff, the remedy is appeal to correct the judgment. ( Error of judgment)
Q: What if there are no facts and no laws cited , is the judgment valid?
A: No, it is not valid even if it might be correct. ( Error of jurisdiction)
- remedy is a petition for certiorari to set aside / nullfiy the judgment.
* In civil case, the judgment is promulgated when the clerk of court officially release the
judgment to the parties. And so the judgment has different days of finality.
* The judgment must be promulgated during the incumbency of the judge who signed the
judgment. If at the time of the promulgation of judgment, and the judge who signed it is not
anymore the incumbent judge, the judgment is void because the judgment must be
promulgated during the incumbency of the judge who signed it.
What happens if the judgment becomes final because there is no appeal?
- The clerk of court will enter the judgment in the book of entries.
What is the date of entry?
- the date of finality of the judgment shall be deemed to be the date of entry.
RULE 37 NEW TRIAL OR RECONSIDERATION
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New Trial
The rule says that the time to move for New trial is within the time for taking an appeal.So if
the judgment is served on the party adversely affected by the judgment, then he has 15 days
to appeal from the day he receives the judgment.
Now instead of appealing, he can move for new trial within the time for taking an appeal, that
is when the aggrieved party can move for new trial, asking the court to set aside the judgment
and to grant new trial on the following grounds;
1.) FAME ( Fraud, Accident, Mistake, Excusable Negligence) which ordinary prudence could
not have guarded against and by reason of which the aggrieved party is probably injured in
his rights.
2.) Newly Discovered Evidence, which he could not have produce at the trial even with
reasonable diligence, and which if presented would probably alter the result.
To be considered as Newly Discovered Evidence;
1.) The evidence could not have been discovered at the trial, even with the use of ordinary
diligence
2.) And it was discovered only after the trial
3.) And if presented or admitted, it would probably change or alter the result
Motion for Reconsideration - the time of filing is the same within the time for taking an
appeal.
Grounds: AID
1.) Award of excessive damages
2.) Insufficiency of evidence to justify the judgment
3.) Decision is contrary to law

* If you file a motion for reconsideration, there's no need to present additional evidence, the
court will resolve the motion merely based on the record of the case, but when it comes to
motion for new Trial, it might be denied or granted. If denied, there would be no new trial, so
the aggrieved party may appeal from the judgment itself. If granted, the court will issue an
order granting the motion.
Q: What are the effects of the order granting the motion for new trial?
A: 1.) It sets aside / vacates the judgment
2.) The case will stand for Trial de Novo
A trial de novo is the new trial, there would be presentation of evidence. The evidence at the
former trial shall be deemed reproduced without the need of retaking them, except those
affected by FAME.
Q: How many times may a party file for a Motion for Reconsideration?
A: Only one time. A second motion is not allowed.
If I file a Motion for Reconsideration and is denied, I can no longer file another one. But a
second Motion for New trial is allowed provided it is on the ground not then existing at the
time of the filing of the first Motion.
RULE 38 RELIEF FROM JUDGMENTS
A party may file for a petition for relief from judgment or final order only if the judgment or
final order has already become final. On the other hand, the grounds are FAME. On this
point, there is something in common between New Trial and Petition for Relief from
judgment because they have the same grounds. But in a petition for relief, you cannot use the
ground of Newly discovered evidence, that pertains only to New Trial.
In New trial, the judgment should not have become final yet, but in a Petition for relief, the
judgment should have become final. It must have attain finality.
When may a petition for relief be filed?
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- It may be filed within 60 days from knowledge of the judgment but within 6 months from
entry of judgment. 6 months should be reckoned from entry of judgment.
When can there be an entry of judgment?
- only when a judgment is final because the date of finality shall be deemed to be the date of
entry.
Q: Where should the petition for relief be filed?
A: It should be filed in the same court that rendered the judgment and in the same case.
Q: Is a petition for relief from judgment available as a remedy against a judgment of the
C.A or S.C, after all the rule say, "any court" ?
A: No. Although the rules say, "any court", a petition for relief from judgment applies only
to a judgment rendered by the MTC or RTC.
STEPS TO FOLLOW IN FILING A PETITION FOR RELIEF
1.) Filing of a petition - this should be a verified petition
2.) The court issues an order directing the respondent to file his answer within 15 days from
receipt of the order
3.) The filing of an answer by the respondent
- whether the respondent files an answer or not, there is no default.
- with or without an answer being filed ,the case goes to the next step
4.) Hearing on the petition
- to determine if the allegations in the petition are true or not
What allegations should the court look into as true or not true?
- The allegations of Fraud, Accident Mistake or Excusable Negligence
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Suppose the court finds that the allegations are not true?

- The court will issue an order denying the petition. This order is not appealable.

Suppose the court finds that the allegations are true?

- Then the court will issue an order granting the petition and so the case goes to the next stage
which is Hearing on the case itself.

5.) Hearing the case again

Why do you hear the case again?

- If the petition for relief is granted, it is as if a new trial is granted.

What is the effect of an order granting the petition?

- It is as if a new trial is granted.