A.

PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

RULE 30: TRIAL
Section 1. Notice of Trial.
- Upon entry of a case in the trial calendar:
Clerk shall notify the parties of the date of its trial at
least 5 days before
v Trial is the judicial process of investigating and determining the legal
controversies.
v It starts with the production of evidence by the plaintiff and ends w/
his closing arguments.
v Trial is an examination before a competent tribunal of the facts or
law put in issue.
v General Rule: when an issue exists = TRIAL is NECESSARY.
Decision CANT be made w/o trial.
o EXCEPTIONS: civil cases may be adjudicated w/o trial
when:
o Judgment by default if the court doesn't require claimant to
submit evidence
o Judgment on the pleading (Rule 34)
o Summary Judgment (Rule 35)
o Judgment on compromise
o Judgment by confession
o Dismissal with prejudice (Rule 17)
o Judgment under the Rule on Summary Procedure
o Stipulation of fact
Trial
- reception of evidence and
other processes = the period
for
the
introduction
of
evidence by both parties.

Hearing
- Embraces several stages in
litigation.
- Not confined to trial and
presentation of evidence.
- Includes pre-trial and the
determination of granting or
denying a motion.
- Does not imply presentation
of evidence in open court but
the parties are afforded
opportunity to be heard.

Section 2. Adjournments and postponements.

- A court may adjourn a trial from day to day, and to any stated
time, as the expeditious and convenient transaction of
business may require.
- Court has no power to adjourn trial for:
- More than 1 month for each adjournment
- More than 3 months in all,
- Except when authorized in writing by the Court Administrator,
Supreme Court
Section 3. Requisites of motion to postpone trial for absence of
evidence.
- A motion to postpone a trial on the ground of absence of
evidence can be granted only upon:
o Stating the ground relied upon.
o Affidavit showing the materiality or relevancy of
such evidence, and that due diligence has been
used to procure it.
o But if the adverse party admits the facts to be given
in evidence, even if he objects or reserves the right
to object to their admissibility, the trial shall not be
postponed.
Note: this section DOESN'T apply to criminal cases =
postponement in crim cases is governed by Rule 119,
Sec. 2.
Section 4. Requisites of motion to postpone trial for illness of
party or counsel.
- A motion to postpone a trial on the ground of illness of a party
or counsel may be granted if:
a. It appears upon affidavit or sworn
certification that:
The presence of such party or counsel at the
trial is indispensable and
That the character of his illness is such as to
render his non-attendance excusable.

 Postponements are addressed to the sound discretion

of the court in the absence of GADALEJ.
o It CANNOT be controlled by MANDAMUS
v Mere medical certificate is not sufficient; it must be under oath and
in the form of an affidavit.
o Such requirement may be dispensed w/ in the interest of
justice.
Section 5. Order of trial.
- Subject to the provisions of section 2 of Rule 31, and unless
the court for special reasons otherwise directs, the trial shall
be limited to the issues stated in the pre-trial order and shall
proceed as follows:
a) The plaintiff shall adduce evidence in support of his complaint;
b) The defendant shall then adduce evidence in support of his
defense, counterclaim, cross-claim and third-party complaints;
c) The third-party defendant if any, shall adduce evidence of his
defense, counterclaim, cross-claim and fourth-party complaint;
d) The fourth-party, and so forth, if any, shall adduce evidence of
the material facts pleaded by them;
e) The parties against whom any counterclaim or cross-claim has
been pleaded, shall adduce evidence in support of their
defense, in the order to be prescribed by the court;
f) The parties may then respectively adduce rebutting evidence
only, unless the court, for good reasons and in the furtherance
of justice, permits them to adduce evidence upon their original
case; and
g) Upon admission of the evidence, the case shall be deemed
submitted for decision, unless the court directs the parties to
argue or to submit their respective memoranda or any further
pleadings.
h) If several defendants or third-party defendants, and so forth,
having separate defenses appear by different counsel, the
court shall determine the relative order of presentation of their
evidence.
Trial is required only if there are triable issues. If there
are no triable issues, the court will RENDER
JUDGMENT.

The trial shall be limited to the issues stated in the pretrial order
v Subject to Rule 31, Sec 2 and other special reasons.
o For purposes of fixing the date of submission of the case
for decision vis--vis the constitutional period for deciding
the same = paragraph G declares that it shall be upon the
admission of evidence of the parties.
v However, if trial court allows oral argument or submission of
memoranda, the period shall be extended after such proceedings
have be conducted or after the memoranda is submitted.
o Why? Because there is a possibility that memoranda is not
simultaneously received, the court should specify in
advance or declare after actual submission of memoranda
the date when the case is deemed submitted for decision.
v Order of trial provided in sec 5 applies to regularly
controverted claim.
o Hence if in the answer, defendants obligation is
admitted but he invokes a special defense = plaintiff
doesn't have to present evidence since judicial
admission doesn't require proof. It is the defendant who
needs to present evidence for his special defense.
v Additional evidence may be offered in rebuttal stage (subject
to discretion of court) if it is:
o Newly discovered
o Omitted through mistake/inadvertence
o Purpose is to correct evidence previously offered
v Evidence offered in rebuttal is not automatically excluded just
because it would be more properly admitted in the case in
chief.
o The fact that the testimony might have been useful in
the case in chief DOESNT necessarily preclude its use
in the rebuttal.
Section 6. Agreed statement of facts
- The parties to any action may agree, in writing, upon the facts
involved in the litigation, and submit the case for judgment on
the facts agreed upon, without the introduction of evidence.
- If the parties agree only on some of the facts in issue, the trial
shall be held as to the disputed facts in such order as the court
shall prescribe.

A. PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

v Known as stipulation of fact as is among the purposes of a pretrial in civil cases.
v The parties may stipulate verbally in open court.
v Such stipulation is binding unless relief is permitted by the court
on good cause (ex. error or fraud).
v Counsel CANNOT stipulate on what their respective evidence
consists of and that judgment be rendered on the basis of such
stipulation.
v Stipulation of facts are not permitted in
o Annulment of marriage
o Legal separation
Section 7. Statement of judge
- During the hearing or trial of a case any statement made by
the judge with reference to the case, or to any of the parties,
witnesses or counsel, shall be made of record in the
stenographic notes.
Section 8. Suspension of actions
- The suspension of actions shall be governed by the provisions
of the Civil Code.
v ART 2030 provides that civil action or proceeding shall be
suspended if:
o One or both parties are willing to discuss possible
compromise
o One of the parties offered for compromise BEFORE the
commencement of the action or proceeding but other party
refused such offer.
v Duration of the terms of suspension of the civil action/proceeding
shall be governed by the rules of court. Said Rules shall provide
for appointment and duties of amicable compounders.

Section 9. Judge to receive evidence; delegation to clerk of court

- The judge of the court where the case is pending shall
personally receive the evidence to be adduced by the parties.
- Court may delegate the reception of evidence to its clerk of
court who is a member of the bar:
o In case of default
o Ex parte hearings,
o In any case where the parties agree in writing,
- The clerk of court shall have no power to rule on objections to
any question or to the admission of exhibits,
- Objections shall be resolved by the court upon submission of
clerks report and the transcripts within 10 days from
termination of the hearing.
v When defendant is declared in default, the trial judge himself
should take down the evidence.
v Judgment based on evidence received by deputy clerk of court as
commissioner is VALID when:
o Not impaired by extrinsic fraud or lack of due process
o Judgment debtors mate partial payment
o Parties had agreed to the appointment of commissioner.
v Practice of allowing clerk of court to receive evidence = to relieve
judge of burdens however judge must STILL RESOLVE evidence
by himself.
o Delegation to clerk to be valid = he must be member of the
bar

RULE 31 CONSOLIDATION OR SEVERANCE

Section 1. Consolidation
- When actions involving a common question of law or fact are
pending before the court:
it may order a joint hearing or trial of any or all the
matters in issue in the actions;
it may order all the actions consolidated
and it may make such orders concerning proceedings
therein as may tend to avoid unnecessary costs or
delay.
-

Rationale of joint hearing/consolidation

o Avoid multiplicity of suits
o Guard against oppression/abuse
o Prevent delay
o Clear congested dockets
o Simplify work of trial court
o Save cost and expenses
Consolidation seeks to attain justice with least expense and
vexation to litigants
General rule: permit consolidation whenever possible and
IRRESPECTIVE of the diversity of the issues involved.
The rule on consolidation applies only to cases pending the SAME
judge and NOT to cases pending in different branches or different
courts. It also applies to special proceedings
o HOWEVER: in the interest of justice, consolidation of
cases in different branches of the same court or
different court can be effected.
o Consolidation of cases on appeal and assigned to diff
division of the SC or CA is also AUTHORIZED.
Case w/c was appealed later or w/ higher docket
numbers is consolidate with case having the lower
docket number.
Consolidation of several cases involving the SAME PARTIES and
the SAME SUBJ MATTER is discretionary.
o This becomes a matter of duty:
if 2 or more cases are tied before the same judge
if filed w/ different branches of the same CFI/RTC
one of such case has not been partially tried.
No time beyond w/c no consolidation of cases can be effected is
still valid.

3 ways of consolidating cases:

o recasting the cases already instituted, conducting only
1 hearing and rendering only 1 decision
o consolidating the existing cases and holding only 1
hearing and rendering only 1 decision
o hearing only the principal case and suspending the
hearing on the others until judgment has been
rendered.
Cases can be consolidated for purposes of a SINGLE APPEAL
and a single decision can be rendered thereon.
SC can order consolidation for judicial economy and convenience
of the parties.
o Same parties
o Same issues
o File in different courts of equal jurisdiction
Ex: vehicular collision, bus company A filed damages against bus
company B in QC, then heirs of the decease filed damages for
breach of contract in Cavite, SC ordered consolidation of both
cases in Cavite court instead of requiring the heirs to intervene in
QC.

Section 2. Separate trials

- The court for convenience or to avoid prejudice, may order a
separate trial of any claim, cross-claim, counterclaim, or thirdparty complaint, or of any separate issue or of any number of
claims, cross-claims, counterclaims, third-party complaints or
issues.
v When separate trial is conducted by a court, it may render a
separate judgment on each claim.
v Provision permitting separate trials presupposes that the claims
involved are w/in jurisdiction of the court.
o When 1 of the claims is not w/in its jurisdiction = it should
be dismissed so that it may be filed in the proper court.

A. PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

RULE 32: TRIAL BY COMMISSIONER
Section 1. Reference by consent.
- By written consent of both parties
- The court may order any or all of the issues in a case to be
referred to a commissioner to be agreed upon by the parties or
to be appointed by the court.
- As used in these Rules, the word "commissioner" includes a
referee, an auditor and an examiner.
Section 2. Reference ordered on motion.
- 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:
When the trial of an issue of fact requires the
examination of a long account on either side,
o The commissioner may be directed to hear and
report upon the whole issue or any specific
question involved therein;
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.
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.
v Commissioner may rule on the admissibility of evidence UNLESS
otherwise provided in the order for reference
v In reception of evidence, clerk doesnt have the power to rule on
the evidence or the objections. The objections shall be resolved by
the court after the clerk submits his report.

Section 3. Order of reference; powers of the commissioner.

- When a reference is made, the clerk shall furnish the
commissioner with a copy of the order of reference.
- The order may specify or limit the powers of the commissioner,
and may direct him to report only upon particular issues, or to
do or perform particular acts, or to receive and report evidence
only and may fix the date for beginning and closing the
hearings and for the filing of his report.
- Subject to other specifications and limitations stated in the
order, the commissioner has and shall exercise the power to
regulate the proceedings in every hearing before him and to
do all acts and take all measures necessary or proper for the
efficient performance of his duties under the order.
o He may issue subpoenas and subpoenas duces tecum,
swear witnesses, and unless otherwise provided in the
order of reference, he may rule upon the admissibility of
evidence.
o The trial or hearing before him shall proceed in all respects
as it would if held before the court.
-

What sec 3 authorizes to be limited is the SCOPE of the

proceeding before the commissioner NOT the modality.
The order of reference may direct the commissioner to perform
different acts in and for the purposes of the proceeding,
o BUT the requirement for him to hold hearing CANNOT
be dispensed with as this is the essence of due
process.
When the commissioner did NOT hold a hearing in violation of
Sec 3, is ERROR for the trial court to issues an order
approving the said commissioners report over the objection of
the aggrieved party.

Section 4. Oath of commissioner.

- Before entering upon his duties the commissioner shall be
sworn to a faithful and honest performance thereof.

Section 5. Proceedings before commissioner.

- Upon receipt of the order of reference and unless otherwise
provided therein, the commissioner shall forthwith set a time
and place for the first meeting of the parties or their counsel to
be held within 10 days after the date of the order of reference
and shall notify the parties or their counsel.
Section 6. Failure of parties to appear before commissioner.
- If a party fails to appear at the time and place appointed, the
commissioner may:
o Proceed ex parte or,
o In his discretion, adjourn the proceedings to a future day,
giving notice to the absent party or his counsel of the
adjournment.
-

The refusal of a witness to obey a subpoena issued by the

commissioner or to give evidence before him, shall be deemed
a contempt of the court which appointed the commissioner.

Section 8. Commissioner shall avoid delays.

- It is the duty of the commissioner to proceed with all
reasonable diligence.
- Either party, on notice to the parties and commissioner, may
apply to the court for an order requiring the commissioner to
expedite the proceedings and to make his report.
Section 9. Report of commissioner.
- Upon the completion of the trial or hearing or proceeding
before the commissioner, he shall file with the court his report
in writing upon the matters submitted to him by the order of
reference.
- When his powers are not specified or limited, he shall set forth
his findings of fact and conclusions of law in his report.
- He shall attach thereto all exhibits, affidavits, depositions,
papers and the transcript, if any, of the testimonial evidence
presented before him.

Section 10. Notice to parties of the filing of report.

- Upon the filing of the report, the parties shall be notified by the
clerk, and they shall be allowed 10 days within which to signify
grounds of objections to the findings of the report, if they so
desire.
- Objections to the report based upon grounds which were
available to the parties during the proceedings before the
commissioner, other than objections to the findings and
conclusions therein, set forth, shall not be considered by the
court unless they were made before the commissioner.
Section 11. Hearing upon report.
- Upon the expiration of the period of 10 days referred to in the
preceding section, the report shall be set for hearing, after
which the court shall issue an order adopting, modifying, or
rejecting the report in whole or in part, or recommitting it with
instructions, or requiring the parties to present further evidence
before the commissioner or the court.
Section 12. Stipulations as to findings.
- When the parties stipulate that a commissioner's findings of
fact shall be final, only questions of law shall thereafter be
considered.
Section 13. Compensation of commissioner.
- The court shall allow the commissioner such reasonable
compensation as the circumstances of the case warrant, to be
taxed as costs against the defeated party, or apportioned, as
justice requires.
-

Former Rule 32 w/c provided for trial with assessors has not
been reproduced in the present rules.

A. PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

RULE 33: DEMURRER TO EVIDENCE
Section 1. Demurrer to evidence.
- After the plaintiff has completed the presentation of his
evidence
o the defendant may move for dismissal on the ground that
upon the facts and the law the plaintiff has shown no right
to relief.
If his motion is denied he shall have the right to
present evidence.
If the motion is granted but on appeal the order
of dismissal is reversed he shall be deemed to
have waived the right to present evidence.
v Demurrer to evidence is a motion to dismiss on the ground of
insufficiency of evidence.
o It is presented AFTER the plaintiff rests his case.
v Differs from motion to dismiss under Rule 16 = motion to dismiss
is grounded on preliminary objections and is presented at the
outset of the case (generally before responsive pleading is filed).
v It may be issued where upon the facts or law, plaintiff is unable to
show right of relief.
o Where the plaintiffs evidence together with conclusion as
may be drawn therefrom doesn't warrant recovery.
v It is sustained when even after admitting every proof and indulging
all conclusions in favor of the plaintiff = plaintiff still failed to make
out one or more of the material elements of his case.
o That there is no evidence to support plaintiffs allegation.
o That plaintiffs evidence if prima facie insufficient for a
recovery.
v Defendants who present a demurrer to plaintiffs evidence retains
right to present their own evidence if trial court DENIES the
demurrer.
o If the trial court grants it but on appeal, appellate court
disagrees and reverses the dismissal order = defendant
loses the right to present his own evidence.
Appellate court cannot remand the case for further
proceedings. Appellate court must render judgment
upon the merits to discourage prolonged litigations.

v If an order of dismissal is reversed on appeal = the decision of the

appellate court will only be based on the evidence of plaintiff as
the defendant loses his right to have the case remanded for
reception of his evidence.
v When defendants motion is sustained and the case is dismissed
under Rule 33 = the order will be an adjudication on the merits.
o Sec 1, Rule 36 should be complied with.
o Judgment should state clearly and distinctly the facts and
the law on which the judgment is based.
v However, if demurrer is denied, the denial order = interlocutory
hence Sec 1, Rule 36 is not applicable.
o Denial order is not controllable by certiorari absent
GADALEJ.

RULE 34: JUDGMENT ON THE PLEADINGS

Section 1. Judgment on the pleadings.
- Where an answer fails to tender an issue, or otherwise admits
the material allegations of the adverse party's 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.
v Judgment on the pleadings presupposes that there is no
controverted issue between the parties.
v Plaintiff is also assumed to have admitted all relevant allegations
of fact of the defendant in his answer.
v The judgment is therefore based exclusively upon the allegations
appearing in the pleadings of the parties and the annexes, w/o
consideration of any evidence aliunde.
v In moving for judgment on the pleadings, plaintiff is not deemed to
have admitted irrelevant allegations in the defendants answer.
v Defendant also is not deemed to have admitted allegations of
damages in the complaint.
o Hence there can be no award of damages in said judgment
absent PROOF.

v Judgment on the pleadings = upon motion of the claimant.

o However, if at pre-trial court finds that judgment upon the
pleadings is proper, it may render such judgment motu
proprio.
v Distinction bet Judgment on the pleadings vs summary judgment:
Judgment on the pleadings
- proper when there Is no
genuine issue between
the parties
- based exclusively upon
the
pleadings
w/o
introduction of evidence
- available in any action
except:
o declaration
of
nullity of marriage
o annulment
of
marriage
o legal separation
- subject to the 3-day notice
rule and where all material
averments
of
the
complaint are admitted
such motion may even be
made ex-parte

Summary judgment
- proper even if there is an
issue
of
damages
recoverable
- based not only on the
pleadings but also upon
affidavits,
depositions,
admissions of the parties
- proper only in:
o actions to recover
a debt
o for
unliquidated
sum of money
o declaratory relief
- requires
prior
10-day
notice

v Judgment on the pleadings is also different from DEFAULT

JUDGMENT. In default judgment:
o Genuine issues of fact/law are normally involved
o Evidence must be introduced on the material allegations
(albeit ex parte) except in cases covered by rule on
summary procedure.
o All cases may be subject of judgment by default except:
Nullity of marriage
Legal separation
Annulment of marriage
o Motion of default may be filed ex parte except in summary
procedure wherein failure of defendant to answer will lead
to the court rendering judgment motu proprio or upon
motion of plaintiff.

RULE 35: SUMMARY JUDGMENTS

Section 1. Summary judgment for claimant.
- A party seeking to recover upon a claim, counterclaim, or
cross-claim or to obtain a declaratory relief may, at any time
after the pleading in answer thereto has been served, move
with supporting affidavits, depositions or admissions for a
summary judgment in his favor upon all or any part thereof.
Section 2. Summary judgment for defending party.
- A party against whom a claim, counterclaim, or cross-claim is
asserted or a declaratory relief is sought may, at any time,
move with supporting affidavits, depositions or admissions for
a summary judgment in his favor as to all or any part thereof.
v Not proper for:
o Annulment
o Nullity of marriage
o Legal separation
v Provisions of this rule was amended to allow parties to submit not
only affidavits but also depositions or admissions in support of
their contentions.
Section 3. Motion and proceedings thereon.
- The motion shall be served at least 10 days before the time
specified for the hearing.
- The adverse party may serve opposing affidavits, depositions,
or admissions at least 3 days before the hearing.
- After the hearing, the judgment sought shall be rendered
forthwith if the pleadings, supporting affidavits, depositions,
and admissions on file, show that, except as to the amount of
damages, there is no genuine issue as to any material fact and
that the moving party is entitled to a judgment as a matter of
law.
v Summary judgment is proper only when there is no genuine issue
as to any material fact. If there is a question or controversy upon
any question of fact there should be TRIAL on the merits.

A. PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

v In a motion of summary judgment the crucial question is whether
issues raised in the pleadings are either genuine or fictitious, as
shown by the affidavits, depositions or admissions accompanying
the motion.
o Genuine issue means an issue of fact w/c calls for
presentation of evidence.
v Summary judgment is NOT proper where defendant presents
defenses tendering factual issues w/c call for presentation of
evidence.
o Ex: when defendant specifically denied material allegations
in the complaint.
v There must be a motion for summary judgment and a hearing of
said motions, the non-observance of w/c procedural requirements
warrants the setting aside of the summary judgment.
v The test for the propriety of a motion for summary judgment is
whether the pleadings/affidavits/exhibits in support of the motion
are sufficient to overcome the opposing papers and to justify the
finding that as a matter of law there is no defense to the action or
the claim is clearly meritorious.
v When the motion for summary judgment is duly verified and is
based on facts admitted by the adverse party (express or implied),
affidavits on such matters need not be submitted.
v Under sec 3. Summary judgment may NOT be rendered on the
AMOUNT of damages. Although such judgment may be entered
on the issue of the RIGHT to damages.
o The court cannot impose attys fees in a summary
judgment absent proof as the amount thereof.
v In case of doubt as to the propriety of a motion for summary
judgment = the doubt shall be resolved against the moving party.
v Where all the facts are w/in judicial knowledge of the court =
summary judgment may be granted as a matter of right.

Section 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 is not in
controversy, and directing such further
proceedings 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.
v While sec 4 of this rule authorizes the rendition of partial summary
judgment, such judgment is INTERLOCUTORY in nature and is
NOT final and appealable.
v The appeal from the partial and appealable judgment should be
taken together with the judgment of the entire case after the trial
have been conducted on the material facts on w/c a substantial
controversy exists.
Section 5. Form of affidavits and supporting papers.
- Supporting and opposing affidavits shall be made on personal
knowledge, shall set forth such facts as would be admissible in
evidence, and shall show affirmatively that the affiant is
competent to testify to the matters stated therein.
- Certified true copies of all papers or parts thereof referred to in
the affidavit shall be attached thereto or served therewith. (5a,
R34)

Section 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 attorney's fees, it may,
after hearing further adjudge the offending party or
counsel guilty of contempt.

v Sanctions for violations of the provisions of these actions shall be
imposed not only on the offending party but also upon his counsel.
v The contumacious conduct contemplates are in the nature of
indirect or constructive contempt = hence the same shall be
punished only after hearing pursuant to Sec 3 Rule 71.

RULE 36: JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

Section 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.
v The decision of the court is the entire document prepared and
promulgated by it, adjudicating and determining the rights of
the parties to the case.
o It contains the findings of fact and law, the reasons and
evidence to support such findings and the discussion of
issues leading to the determination.
o The dispositive portion is what actually constituted
judgment or resolution, which can be the subject of
execution.
v Where there is conflict between the dispositive portion of the
decision and the body = dispositive portion controls
irrespective of what appears in the body.

EXCEPT: when findings of fact in the opinion is so

clear as to show that there was a mistake in the
dispositive portion
o Or where explicit discussion and settlement of the
issue is found in the body.
v But when the dispositive part of a final order is definite and
clear and can be given effect w/o the need for interpretation or
construction = body should be excluded.
v Special forms of judgments:
o Judgment by default
o Judgment on the pleadings
o Summary judgment
o Separate judgment
o Judgment on specific acts
o Special judgment
o Judgment upon confession
o Judgment upon compromise
o Clarificatory judgment
o Judgment nunc pro tunc
v Judgment upon confession or compromise cannot be entered
into by counsel without knowledge of client or SPA.
o Both are immediately executory.
o Compromises entered into by parents, guardians,
representatives,
administrators
and
executors
REQUIRE court approval.
Why? Because 3rd persons cannot bind another
to a compromise agreement unless such 3rd
person has obtained SPA.
v Judgment on consent is not fully equated w/ judgment by
confession.
By Consent
By Confession
- Provisions and terms are
- Not a plea but an
settled and agreed upon
affirmative and voluntary
by parties
act of the defendant
- Entered in the record by
himself and the court
consent of court
exercises
a
certain
- There must be unqualified
amount of supervision.
agreement
between
among the parties to be
bound by judgment on
consent.
- Court doesn't have the
o

A. PORTA ~ REGALADO CIV PRO REVIEWER (Judge DE LA ROSA SY 2014-2015)

power to supply terms,
provisions and essential
details
not
previously
agreed upon by the
parties.
v Judgment upon compromise is immediately executory in the
absence of fraud/mistake.
o If such motion is made and denied = appeal may be
taken from that order of denial.
o SC held that to be entitled to appeal from judgment of
compromise = party must not only move to set aside
the judgment but must also move to set aside or
ANNUL the COMPROMISE AGREEMENT itself.
o Judgment rendered pursuant to a compromise is not
appealable and has the effect of res judicata. (?)
Why does regalado say appeal can be taken
from order of denial and why did SC say that to
appeal one must also annul the compromise
agreement if judgment on compromise is NOT
appealable???
v When a judgment is based on compromise and it is sought to
be enforced against a person not a party, he may file an
original petition for certiorari to quash the writ of execution.
v Compromise agreement once approved by the court has the
force of res judicata.
o It will not be disturbed unless there is vice in consent or
forgery.
v No decree of legal separation or annulment of marriage can be
granted if based exclusively on confession.
v Judgment nunc pro tunc
o Only function is to record an act which was done at a
former time but was not recorded, in order to make the
record speak the truth w/o any changes in substance or
material
o Object is not the rendition of a new judgment but to
place proper form on the record of judgment to make it
speak the truth and thereby show what the judicial
action really was.
o It cannot be availed to correct judicial errors

It cannot supply non-action of the court however

erroneous the judgment is.

Section 2. Entry of judgments and final orders

- If no appeal or motion for new trial or reconsideration is filed
within the time provided in these Rules, the judgment or final
order shall forthwith be entered by the clerk in the book of
entries of judgments.
- The date of finality of the judgment or final order shall be
deemed to be the date of its entry.
- The record shall contain the dispositive part of the judgment or
final order and shall be signed by the clerk, within a certificate
that such judgment or final order has become final and
executory.
Section 3. Judgment for or against one or more of several
parties.
- Judgment may be given for or against one or more of several
plaintiffs and for or against one or more of several defendants.
- When justice so demands, the court may require the parties on
each side to file adversary pleadings as between themselves
and determine their ultimate rights and obligations.
Section 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.
Section 5. Separate judgments.
- When more than one claim for relief is presented in an action,
the court, at any stage, upon a determination of the issues
material to a particular claim and all counterclaims arising out
of the transaction or occurrence which is the subject matter of
the claim, may render a separate judgment disposing of such
claim.
- The judgment shall terminate the action with respect to the
claim so disposed of and the action shall proceed as to the
remaining claims.
- In case a separate judgment is rendered the court by order
may stay its enforcement until the rendition of a subsequent

judgment or judgments and may prescribe such conditions as

may be necessary to secure the benefit thereof to the party in
whose favor the judgment is rendered.
Section 6. Judgment against entity without juridical personality.
- When judgment is rendered against two or more persons sued
as an entity without juridical personality, the judgment shall set
out their individual or proper names, if known.