Civ Pro - Rule 34, 35 (Judgment on Pleadings; Summary Judgments)

Question 1

“Judgment on the pleadings is appropriate when

Answer 1

when an answer to a claim fails to tender an issue, OR otherwise admits the material allegations of the adverse party’s pleading.

Question 1

When can you say that an answer fails to tender an issue?

Answer 1

Jurisprudence dictates that an answer fails to tender an issue, if:
- it does not comply with the requirements of a specific denial as set out in Secs. 8 and 10, Rule 8 of the Rules of Court,
- resulting in the admission of the material allegations of the adverse party’s pleadings.

As such, it is a judgment that is exclusively based on the submitted pleadings, without the introduction of
evidence as the factual issue remains uncontroverted”

Question 2

when a defendant files his answer, when can you say that such answer is admitting to the material allegation of the adverse party’s pleadings?

Answer 2

• expressly admitting truth of allegations
• failing to make specific denial of the allegation
• omitting to deal with them at all

Question 3

what is can the court do insofar as judgment on pleadings is concerned provided
- that the answer tender no issue?

Answer 3

A judgment on the pleadings cannot be rendered by the court motu proprio. It can be done where there is a prior motion to the effect filed by the claiming party (Sec. 1,Rule 34)

.However, Sec. 2, Rule 34, provides that:

The court may motu proprio or on motion render judgment on the pleadings if it is apparent that the answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleadings. Otherwise, the motion shall be subject to the provisions of Rule 15 of these Rules

Question 4

what are the other instances where the court may motu proprio render judgment on the pleadings?

Answer 4

• if parties include in the pre-trial order that the case is being submitted for judgment on the pleadings OR summary judgment
• by way of litigious motion–if motion denied, the party shall complete his evidence presentation since the main case is still pending then just assign as error the denial of the motion

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Even if the motion for judgment on the pleadings is denied, the party can later challenge this denial by assigning it as an error in the proceedings. In other words, they can raise the issue on appeal if they believe the court erred in not granting judgment based on the pleadings.

Question 5

Cases where judgment on the pleadings will not apply

Answer 5

1. In the following cases, a judgment on the pleadings will not lie:

• (a) actions for the declaration of nullity of a marriage;
  [as if it never existed]
• (b) actions for annulment of marriage;
  [acknowledges the existence of the marriage until annulled.]
• (c) actions for legal separation (Sec. 1, Rule 34

2. In the above cases, the material facts alleged in the complaint shall always be proved.

Question 6

when is a summary judgment (accelerated judgment) proper?

Answer 6

accelerated judgment is proper when

• upon motion after issues had been joined [ It signifies that the essential matters of contention have been identified, and the case is ready to move forward]
• court finds no genuine issue (based on the pleadings filed) except as the the amount of damages

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issues joined - refers to the point in a legal proceeding when the parties involved have presented and responded to the pleadings, and the main questions or points of dispute are clearly defined. It signifies that the essential matters of contention have been identified, and the case is ready to move forward

Question 7

summary judgment is permitted only

Answer 7

• if there is no genuine issue as to any material fact and
• a moving party is entitled to a judgment as a matter of law because while the pleadings, on their face, appear to raise issues, the affidavits, depositions, and admissions presented by the moving party do not actually present genuine issues

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despite the appearance of issues in the pleadings, the evidence presented by the party seeking summary judgment shows that these issues are not real or substantial. It’s a way of asserting that, based on the presented evidence, there are no genuine disputes that require a full trial.

Question 8

a summary judgment is permitted when there is no genuine issue so can we use summary judgement where only the genuineness and due execution of the promissory note are the matters deemed admitted for the failure of the defendant to deny the same under oath?

Answer 8

NO. it is not proper.

Question 9

A “________” is an issue of fact which requires the presentation of evidence as distinguished from a sham, fictitious, contrived or false claim

Answer 9

genuine issue

Question 10

judgment on the pleadings
|DIFFERENTIATE|
summary judgment

issue. basis.

Answer 10

[1]
JP
- absence of factual issue because answer tenders no issue to begin with

SJ
- involves an issue but is not genuine
- may only be amount of damages, and not the material fact(WON he owes)

[2] presence of issues in the answer to the complaint
JP
- When the Answer fails to tender
any issue, that is, if it does not deny the material allegations in the complaint or admits said material allegations of the
adverse party’s pleadings by admitting the truthfulness thereof and/or omitting to deal with them at all, a judgment
on the pleadings is appropriate

SJ
- when the Answer specifically denies the material averments of the complaint or asserts affirmative defenses, or in other words the issue raised is not genuine

[3]
JP
- based on the pleadings alone

SJ
- based on the affidavits, depositions, admissions, specific laws relied upon

Question 11

The __________ refers to the physical act performed by the clerk of court in entering the dispositive portion of the judgment in the book of entries of judgment after the same has become final and executory.

Answer 11

entry of judgment

Question 12

when is the date of the finality of judgment or final order deemed to be?

Answer 12

upon its entry by the CoC in the book of entries of judgment

Question 13

relevance of knowing the date of the entry of a judgment

Answer 13

There are some proceedings the filing of which is reckoned from the date of the entry of judgment

• a. execution of judgment by motion is w/in 5 years from entry of judgment
• b. filing of a petition for relief has, as one of its periods, not more than 6 months from the entry of judgment or final order