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Rule 34.-Judgment on the Pleadings Sec. 1.Judgment on the pleadings. Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse partys pleading, the court may, on motion of that party, direct judgment on such pleading. However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved. (1a, R19) Judgment on the pleadings: 1. Filed only after answer and by claimant only 2. Can it apply to a counter-claim or third party claim? 3. What are the possible instances? a. Answer admits material allegations b. It fails to comply with the requirements of a specific denial c. It fails to deal with them [Mongao v. Pryce Properties Corp., 467 SCRA 201 (2005) 4. May unliquidated damages which are not denied be awarded? [Rule 9, Sec. 3(e)] [Rili v. Chunaco, 98 Phil. 505 (1956) 5. How is it distinguished from a motion to dismiss? Rule 35.-Summary Judgments Sec.1.Summary judgment forclaimant.Apartyseekingtorecoveruponaclaim, Summary judgment: 1. May be availed of by either plaintiff or defendant 2. Requires supporting affidavits, depositions or admissions 3. No genuine issue of fact [AFTER ANSWER] Sec.2.Summary judgment for defending party.Apartyagainstwhomaclaim,counterclaim,orcrossclaimisassertedoradeclaratoryreliefissoughtmay,atanytime,movewithsupportingaffi davits,depositionsoradmissionsforasummaryjudgmentinhisfavorastoalloranypartthe reof.(2a,R34) Roque v. Encarnacion, 95 Phil. 643 (1954) Is it available in actions for annulment of marriage and legal separation? How is Sec. 2 related to or distinguished from a motion to dismiss? How about demurrer? Notes: counterclaim,orcrossclaimortoobtainadeclaratoryreliefmay,atanytimeafterthepleadinginanswertheretoha sbeenserved,movewithsupportingaffidavits, depositionsoradmissionsforasummaryjudgmentinhisfavoruponalloranypartthereof. (1a,R34) Summary judgment is a procedural technique aimed at weeding out sham claims or defenses at an early stage of the litigation. The question is: Are the issues genuine as shown by supporting affidavits, depositions and admissions?

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Sec. 1: by Plaintiff -at any time after the pleading in answer Sec. 2: by Defendant-at any time? Northwest v. CA, 284 SCRA 408 (1998) at any time after answer is filed after plaintiff presented evidence? Sec.3.Motion and proceedings thereon.Themotionshallbeservedatleastten(10)daysbeforethetimespecifiedforthehearing.Th eadversepartymayserveopposingaffidavits,depositions,oradmissionsatleastthree(3) daysbeforethehearing.Afterthehearing,thejudgmentsoughtshallberenderedforthwith ifthepleadings,supportingaffidavits, depositions,andadmissionsonfile,showthat,exceptastotheamountofdamages,thereis nogenuineissueastoanymaterialfactandthatthemovingpartyisentitledtoajudgmentas amatteroflaw.(3a,R34) 1. Genuine Issue as to any Material Fact Not sham, contrived, set in bad faith and patently unsubstantial; calling for presentation of evidence Evangelista v. Mercator, 409 SCRA 410 [2003] 2. Except as to the amount of damages: not liable for actual damages Northwest v. CA, 284 SCRA 408 (1998) Sec. 4.Case not fully adjudicated on motion. If on motion under this Rule, judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief not in controversy, and directing such further proceeding in the action as are just. The facts so specified shall be deemed established, and the trial shall be conducted on the controverted facts accordingly. (4a, R34) Partial judgment: 1. Is it immediately appealable? 2. Is it immediately executory? Province v. CA, 220 SCRA 726 (1993) Sec.5. Form of affidavits and supporting papers.Supportingandopposingaffidavitsshallbemadeonpersonalknowledge,shallsetforthsuc hfactsaswouldbeadmissibleinevidence,andshallshowaffirmativelythattheaffiantisco mpetenttotestifytothemattersstatedtherein.Certifiedtruecopiesofallpapersofpartsthe reofreferredtointheaffidavitshallbeattachedtheretoorservedtherewith.(5a,R34) Sec. 6.Affidavits in bad faith. Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of delay, the court shall forthwith order the offending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including attorneys fees. It may, after hearing, further adjudge the offending party or counsel guilty of contempt. (6a, R34)

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Other Terms in TSN: ALL VOID Rule 36JUDGMENTS, FINAL ORDERS and ENTRY THEREOF Sec. 1.Rendition of judgments and final orders. A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of the court. (1a) Formal requisites: judgments or final orders 1. In writing [Rivera v. People, 189 SCRA 331 (1990) 2. Personally prepared by the judge 3. Must state the facts and the law [Francisco v. Permskul, 173 SCRA 324 (1989)] 4. Signed by the judge 5. Filed with the Clerk of Court [Castro v. Malazo, 99 SCRA 164 (1980)] Date of renditionnot signing, not promulgation Terms: 1. Bar 2006, No. 11: What is the difference between the judgment and an opinion of the court? 2. What is an interlocutory order? 3. or final order determining the merits of the case In re: Petition, 511 SCRA 123 (2006) one that completely disposes of the case and adjudicates the rights of the parties People v. Medrano, 122 SCRA 586 [1982] Nunc Pro Tunc Resolution 2. Judgment Based on CompromiseJudgment based on compromise vs. judgment based on stipulation of facts [Sec. 6, Rule 30] Domingo v. CA, 513 SCRA 40 (2007) May be questioned through reconsideration or new trial within 15 days on ground of vices of consent A final judgment cannot be amended, except: 1. clerical errors 2. nunc pro tunc entries which cause no prejudice to any party 1. Sin perjuicio dispositive portion only and reserves findings of fact and conclusions of law later [Reyes v. Bagatsing, 125 SCRA 553 (1983)?] 2. Conditional judgment subject to the happening of a contingent event 3. Incomplete judgment leaves certain matters to be settled in the future. [PARTIAL JUDGMENT?] [or Sec. 5, Rule 36 on Several Judgments Others: 1.Nunc pro tunc judgment: to supply on the record something which has actually occurred, it cannot supply omitted action by the court

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3. void judgments [Briones v. CA, 450 SCRA 482 (2005) Sec.2.Entry of judgments and final orders.Ifnoappealormotionfornewtrialorreconsiderationisfiledwithinthetimeprovidedinthese Rules,thejudgmentorfinalordershallforthwithbeenteredbytheclerkinthebookofentries ofjudgments.Thedateoffinalityofthejudgmentorfinalordershallbedeemedtobethedate ofitsentry.Therecordshallcontainthedispositivepartofthejudgmentorfinalorderandsha llbesignedbytheclerk,withacertificatethatsuchjudgmentorfinalorderhasbecomefinala ndexecutory.(2a,10,R51) Questions: 1.When is date of finality? 2.Why important? 3.Sec. 20, Rule 3? if the defendant dies before entry of final judgment in the court in which the action is pending Sec.3. Judgment for or against one or more of several parties.Judgmentmaybegivenfororagainstoneormoreofseveralplaintiffs,andfororagainstone ormoreofseveraldefendants.Whenjusticesodemands,thecourtmayrequirethepartieso neachsidetofileadversarypleadingsasbetweenthemselvesanddeterminetheirultimate rightsandobligations.3) Sec. 4.Several judgments. In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others. (4) How is Sec. 5, Rule 36 (Several judgments) different from Sec. 4, Rule 35 (partial judgments)? Several judgments involves several parties, while partial judgments involves several claims between the same parties Requisites: for Several Judgment 1. Applies when there are several defendants 2. Implies that liability is separable and could be subject of separate suits. Fernando v. Santamaria, 446 SCRA 136 (2004) promissory note executed jointly Other matters: 1. De Leon v. CA, 383 SCRA 216 (2002) solidary debtors, suit against spouses, one admitted but other denied saying that the other spouse was not designated administrator not proper 2. Is it executory? Yes, there will be multiple dates of finality Sec.5.Separate judgments.Whenmorethanoneclaimforreliefispresentedinanaction,thecourt,atanystage,uponad eterminationoftheissuesmaterialtoaparticularclaimandallcounterclaimsarisingoutoft hetransactionoroccurrencewhichisthesubjetmatteroftheclaim,mayrenderaseparatej udgmentdisposingofsuchclaim.Thejudgmentshallterminatetheactionwithrespecttoth eclaimsodisposedofandtheactionshallproceedastotheremainingclaims.Incaseasepar atejudgmentisrendered,thecourtbyordermaystayitsenforcementuntiltherenditionofa subsequentjudgmentorjudgmentsandmayprescribesuchconditionsasmaybenecessry tosecurethebenefitthereoftothepartyinwhosefavorthejudgmentisrendered.(5a) Separate judgments Sec. 5 applies when there are several claims between the same parties Is it executory? Effect: Rule 41, 1(f) no appeal, unless the court allows appeal therefrom Sec.6.Judgment against entity without juridical personality.-

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(a)Fraud,accident,mistakeorexcusablenegligencewhichordinaryprudencecouldnotha veguardedagainstandbyreasonofwhichsuchaggrievedpartyhasprobablybeenipairedi nhisrights:or Grounds for New Trial: FAME (1) Fraud: [Extrinsic only] (a) Extrinsic -a fraud which has prevented a party from having a trial or from presenting all of his case to the court[committed outside trial] (b) intrinsic refers to acts of a party during trial, which did not affect the presentation of a case, but prevented a fair and just determination [committed during trial/or accompanying cause of action] Examples: 1. Perjured witnesses? 2. Entered into contract by fraud? 3. Documents were forged/manufactured? 4. I will dismiss, you need not answer? 5. Deceived to sign compromise? 6. Plaintiff is just pretending to be owner? 2.Accident fortuitous event-delay in mails -unauthorized abandonment by attorney -sickness (3) Mistake Unintentional act, omission or

Whenjudgmentisrenderedagainsttwoormorepersonssuedasanentitywithoutjuridicalp ersonality,thejudgmentshallsetouttheirindividualorpropernames,ifknown.(6a) Rule 37.-New Trial or Reconsideration Sec.1.Grounds of and period for filing motion for new trial or reconsideration.Withintheperiodfortakinganappeal,theaggrievedpartymaymovethetrialcourttosetasi dethejudgmentorfinalorderandgrantanewtrialforoneormoreofthefollowingcausesmat erialyaffectingthesubstantialrightsofsaidparty: Notes: 1. What is the period ?Apex v. Commissioner, 473 SCRA 490 (2005): Can it be extended? 2. What can be the subject of a new trial or reconsideration? Also final order 3. How do you distinguish new trial from reconsideration? New Trial v. Reopening of Trial: 1. New trial takes place after judgment, but reopening is done before judgment 2. New trial is based on grounds defined in the Rules, but reopening is dictated by the interest of justice and rests on courts discretion [Alegre v. Reyes, 161 SCRA 226 (1988) 3. New trial is always on motion of aggrieved party, but reopening may be done on the court;s initiative [Gaas v. Fortich, 54 Phil. 196] What is common to both?

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error arising from ignorance, forgetfulness, or misplaced confidence. [of fact] Phil Phosphate v. commissioner, 461 SCRA 369: One which ordinary diligence and prudence could not have guarded against. Examples: -number of days in a month -mistake of believing that there was settlement after talking to plaintiff -Phil Phosphate v. Commissioner--invoices for tax refund 4. Excusable negligence [applies to counsel] Phil Phosphate v. commissioner, 461 SCRA 369: Excusable negligence: One which ordinary diligence and prudence could not have guarded against. [?] Examples: 1. Error in name of appellant 2. Failure to file answer because employee got sick and lawyer not informed Inexcusable 1. Failure to note date in calendar 2. Too heavy workload New cases: Negligence of lawyer? 1. Spouses ____ v. CA, 467 SCRA 358 (2005): Is failure of lawyer to file answer excusable negligence? Remedy? 2. Yujuico v. Atienza, 472 SCRA 259 (2005) is failure of lawyers clerk to give order to lawyer excusable negligence? 3. Magallanes v. Sun Yat Sen, 542 SCRA 78 (2008) Placing wrong docket number (b)Newlydiscoveredevidence,whichhecouldnot,withreasonablediligence, havediscoveredandproducedatthetrial,andwhichifpresentedwouldprobablyalterthere sult. Newly discovered evidence: 1. Discovered after trial 2. Could not with reasonable diligence have been discovered and produced at the trial 3. Would probably alter result Notes1. Excludes forgotten evidence 2. Discovery of new witness? 3. Additional evidence? [cumulative or corroborative] Within the same period, the aggrieved party may also move for reconsideration upon the grounds that the damages awarded are excessive, that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.

Grounds for Reconsideration:

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such evidence is expected to be given, or by duly authenticated documents which are proposed to be introduced in evidence. Requisites for Motion for new trial: Ground of Newly Discovered Evidence 1. In writing 2. Served on adverse party 3. Must include (a) affidavit of witnesses sought to be introduced, or (b) authenticated copies of the documents to be introduced. Amotionforreconsiderationshallpointoutspecificallythefindingsorconclusionsofthejud gmentorfinalorderwhicharenotsupportedbytheevienceorwhicharecontrarytolaw,mak ingexpressreferencetothetestimonialordocumentaryevidenceortotheprovisionsoflaw allegedtobecontrarytosuchfindingsorconclusions Aproformamotionfornewtrialorreconsiderationshallnottollthereglementaryperiodtoa ppeal. Requisites for Motion for Reconsideration1. In writing 2. Served on adverse party 3. Must point out specificallya. findings or conclusions not supported by evidence, with express reference to records of case b. or, if it is contrary to law, make reference to provisions of law. Pro Forma Motion: Failure to comply with the above

1.thedamagesawardedareexcessive; 2.theevidenceisinsufficienttojustifythedecisionorfinalorder;or 3. the decision or final order is contrary to law. [Only review of records, no new evidence required] Sec.2.Contents of motion for new trial or reconsideration and notice thereof.Themotionshallbemadeinwritingstatingthegroundorgroundstherefor,awrittennoticeo fwhichshallbeservedbythemovantontheadverseparty. A motion for new trial shall be proved in the manner provided for proof of motions. A motion for the cause mentioned in paragraph (a) of the preceding section shall be supported by affidavits of merits which may be rebutted by affidavits. Requisites for Motion for new trial: Ground of FAME 1. In writing 2. Served on adverse party 3. Accompanied by 2 affidavits: a. affidavit of facts and circumstances constituting FAME b. affidavit of merit/meritorious cause of action or defense [but see Atlas vs. CIR, 524 SCRA 73 (2007)] A motion for the cause mentioned in paragraph (b) shall be supported by affidavits of the witnesses by whom

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requirements. Result: period to appeal is not interrupted. Sec.3.Action upon motion for new trial or reconsideration.Thetrialcourtmaysetasidethejudgmentorfinalorderandgrantanewtrial,uponsuchterm sasmaybejust,ormaydenythemotion.Ifthecourtfindsthatexcessivedamageshavebee nawardedorthatthejudgmentorfinalorderiscontrarytotheevidenceorlaw,itmayamend suchjudgmentorfinalorderaccordingly. Options for the court: 1. Grant the motion [further proceedings, applies to MNT] 2. Amend the judgment [no further proceedings, applies to MR] 3. Deny the motion Sec.4.Resolution of motion.Amotionfornewtrialorreconsiderationshallberesolvedwithinthirty(30)daysfromthetim eitissubmittedforresolution.(n) Sec. 5 Second motion for new trial. A motion for new trial shall include all grounds then available and those not so included shall be deemed waived. A second motion for new trial, based on a ground not existing nor available when the first motion was made, may be filed within the time herein provided excluding the time during which the first motion had been pending. No party shall be allowed a second motion for reconsideration of a judgment or final order. Notes: 1. Can you file a second motion for new trial? Requisites: a. Ground not available when first motion was filed b. Must be filed within the period to appeal 2. Can you file a second motion for reconsideration? 3. Can you file a motion for new trial and if denied file a recon, or vice versa? Pro Forma Motion for New Trial1. Sec. 2 -A motion for new trial which is not supported by affidavits. [does not comply with the substance and form in Secs. 1 and 2 of Rule 37. 2. Sec. 5 -A second motion for new trial which invokes a ground already available to the movant when he filed his first motion. 3. A motion for new trial which contains no notice to adverse party or no copy was furnished to him. Firme v. Reyes, 92 SCRA 713] Pro Forma Motion for Reconsideration1. Sec. 2 -A motion for reconsideration that does not point out the findings or conclusions not supported by evidence or makes no reference to the records or provision of law; 2. Sec. 5 -A second motion for reconsideration. 3. A motion for new trial which contains no notice to adverse party or no copy was furnished to him. [Firme v. Reyes, 92 SCRA 713] Sec. 6.Effect of granting of motion for new trial.

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If a new trial is granted in accordance with the provisions of this Rule, the original judgment or final order shall be vacated, and the action shall stand for trial de novo; but the recorded evidence taken upon the former trial, in so far as the same is material and competent to establish the issues, shall be used at the new trial without retaking the same. (5a) Effect of Granting New Trial1. Challenged judgment is vacated 2. (a) Retaking of evidence if ground is [FAME] or (b) Reception of additional evidence, if ground is newly discovered 3. New judgment is rendered Sec.7.Partial new trial or reconsideration.IfthegroundsforamotionunderthisRuleappeartothecourttoaffecttheissuesastoonlyap art,orlessthanallofthematterincontroversy,oronlyone,orlessthanall,ofthepartiestoit,t hecourtmayorderanewtrialorgrantreconsiderationastosuchissuesifseverablewithouti nterferingwiththejudgmentorfinalorderupontheres.(6a) Two situations: 1. Several issues/causes of action 2. Several parties Result: partial new trial without interfering with the judgment or final order upon the rest. Sec.8.Effect of order for partial new trial.Whenlessthanalloftheissuesareorderedretried,thecourtmayeitherenterajudgmentorf inalorderastotherest,orstaytheenforcementofsuchjudgmentorfinalorderuntilafterthe newtrial.(7a) Sec.9. Remedy against order denying a motion for new trial or reconsideration.Anorderdenyingamotionfornewtrialorreconsiderationisnotappealable,theremedybein ganappealfromthejudgmentorfinalorder.(n) [Uyv.FirstMetro,503SCRA704(2006)] Domingov.CA,513SCRA40(2007) CertiorariunderRule65 But: Rule 41, Sec. 1: No appeal may be taken from: (a) An order denying a motion for new trial or reconsideration; Deleted by AM No. 07-7-12-SC Dec. 4, 2007 Rule 38 RELIEF FROM JUDGMENT, ORDERS, OR OTHER PROCEEDINGS Sec. 1.Petition for relief from judgment, order, or other proceedings. When a judgment or final order is entered, or any other proceeding is thereafter taken against a party in any court through fraud, accident, mistake, or excusable negligence, he may file a petition in such court and in the same case praying that the judgment, order or proceeding be set aside. (2a) Questions: 1. Can one file a motion for new trial and after denial file a motion for relief from judgment? [same court, same ground]

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2. Can one file a motion for reconsideration and if denied file a motion for relief from judgment? [Francisco v. Puno, 108 SCRA 427]-mutually exclusive Distinctions between Rule 37 & 38? 3. Can one file a motion for relief from a judgment of the CA? [Dela Cruz v. Andres, 522 SCRA 585 (2007)] Sec.2. Petition for relief from denial of appeal.Whenajudgmentorfinalorderisrenderedbyanycourtinacase,andapartythereto,byfrau d,accident,mistake,orexcusablenegligence,hasbeenpreventedfromtakinganappeal,h emayfileapetitioninsuchcourtandinthesamecaseprayingthattheappealbegivendueco urse.(1a) Distinction between Sec. 1 & 2: 1. Sec. 1 applies to decision or order affecting the merits of the action, while Sec. 2 applies to denial of an appeal therefrom or failure to appeal therefrom 2. Sec. 1 results setting aside of judgment or order, while Sec. 2 results to giving due course to the appeal. Sec.3. Time for filing petition; contents and verification.ApetitionprovidedforineitheroftheprecedingsectionsofthisRulemustbeverified,filedwi thinsixty(60)daysafterthepetitionerlearnsofthejudgment,finalorder,orotherproceedi ngtobesetaside, andnotmorethansix(6)monthsaftersuchjudgmentorfinalorderwasentered,orsuchpro ceedingwastaken;andmustbeaccompaniedwithaffidavitsshowingthefraud, accident,mistake,orexcusablenegligencereliedupon,andthefactsconstitutingthepetiti onersgoodandsubstantialcauseofactionordefense,asthecasemaybe.(3) Period to file: 1. Within 60 days from the time he learns of judgment, order, etc. [?]

2. Not more than six months after such judgment or final order was entered [?] Re first 15 days Javellana v. Lutero, 60 SCRA 717 _____________________________________ Ist. 15th60th6m >>>>>>| >>>>>>>>> |>>>>>>>>>>>>>>>>>| Meaning of 6 months after such judgment or final order was entered OR SUCH PROCEEDING WAS TAKEN. Examples: [Feria] 1. Order of execution 2. Judgment based on compromise Sec.4.Order to file an answer.Ifthepetitionissufficientinformandsubstancetojustifyrelief,thecourtinwhichitisfiled,sh allissueanorderrequiringtheadversepartiestoanswerthesamewithinfifteen(15)daysfr omthereceiptthereof.Theordershallbeservedinsuchmannerasthecourtmaydirect,toge therwithcopiesofthepetitionandtheaccompanyingaffidavits.(4a) Sec.5. Preliminary injunction pending proceedings.Thecourtinwhichthepetitionisfiled,maygrantsuchpreliminaryinjunctionasmaybenece ssaryforthepreservationoftherightsoftheparties,uponthefilingbythepetitionerofabon dinfavoroftheadverseparty, conditionedthatifthepetitionisdismissedorthepetitionerfailsonthetrialofthecaseuponit smerits,hewillpaytheadversepartyalldamagesandcoststhatmaybeawardedtohimbyre asonoftheissuanceofsuchinjunctionortheotherproceedingsfollowngthepetition; butsuchinjunctionshallnotoperatetodischargeorextinguishanylienwhichtheadversepa rtymayhaveacquireduponthepropertyofthepetitioner Sec.6. Proceedings after answer is filed.Afterthefilingoftheanswerortheexpirationoftheperiodtherefor,

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thecourtshallhearthepetitionandifaftersuchhearing,itfindsthattheallegationsthereofa renottrue,thepetitionshallbedismissed;butifitfindssaidallegationstobetrue, itshallsetasidethejudgmentorfinalorderorotherproceedingcomplainedofuponsuchter msasmaybejust. Thereafterthecaseshallstandasifsuchjudgment,finalorderorotherproceedinghadneve rbeenrendered,issuedortaken.Thecourtshallthenproceedtohearanddeterminethecas easifatimelymotionforanewtrialorreconsiderationhadbeengrantedbyit.(6a) Relates to Sec. 1: Relief from judgment or orderTwo stages: 1. Hearing to determine if there was FAME, and if there was 2. Decide the merits, meaning conduct new trial or amend judgment, or deny Sec.7. Procedure where the denial of an appeal is setaside.Wherethedenialofanappealissetaside,thelowercourtshallberequiredtogiveduecourset otheappealandtoelevatetherecordoftheappealedcaseasifatimelyandproperappealha dbeenmae.(7a) When can judgment be enjoined? 1. Upon the filing of a petition for relief from judgment, the court may grant preliminary injunction to preserve the rights of the parties [Rule 38, Sec. 5] 2. In an action to annul a judgment for lack of jurisdiction or extrinsic fraud, the court may grant preliminary injunction [Rule 47]