Civ Pro - Rule 36 (Judgments, Final Orders and Entry Thereof)

Question 1

is the final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceeding

Answer 1

Judgment

Question 2

“Judgment” is normally synonymous with “______”

LB

Answer 2

Tung Chin Hui v Rodriguez

decision

Question 3

How is final judgment rendered?

Answer 3

• in writing
• personally & directly prepared by the judge
• stating clearly and distinctly the facts and the law on which it is based
• signed by the judge
• filed with the clerk of court

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“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. “ Rule 36 Section 1

Question 4

What are the requisites of a valid judgment?

Answer 4

• court has authority to hear & determine
• JD over SM & Parties
• parties given opportunity to adduce their evidence
• evidence must be considered when deciding the case
• judgment in writing, personally and directly prepared by the judge
• clearly and disitinctly state the facts and law which it is based on, signed by judge, filed to the clerk of court

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- The court or tribunal must be clothed with authority to hear and determine the matter before it

• The court must have jurisdiction over the parties and the subject matter;
• The parties must have been given an opportunity to adduce evidence in their behalf
• The evidence must have been considered by the tribunal in deciding the case
• The judgment must be in writing, personally and directly prepared by the judge. A verbal judgment is, in contemplation of law, not in esse, therefore, ineffective
• The judgment must state clearly the facts and the law upon which it is based, signed by the judge and filed with the clerk of court (Sec. 1, Rule 36

Question 5

Faithful adherence to the requisites of a judgment as required by the Constitution is a paramount component
of ______ and __________

Answer 5

due process and fair play

Question 6

A ________ is one rendered by an appellate court and incorporates by reference the findings of
fact and conclusions of law contained in the decision or order under review

Answer 6

memorandum decision

Question 7

How can a memorandum dcsn be valid?

Answer 7

• not only incorporate the finding of facts and conclusions of law of the lower court by reference
• provide direct access to the facts and the law being adopted contained in a statement attached to the decision and made an indispensable part of the decisions

Question 8

according to Oil & Natural Gas Commission v. CA, a valid judgement will not be transgressed if the memorandum decision states:

Answer 8

• nature of the case
• summarize the facts w/ reference to the record
• contains statement of applicable laws and jurisprudence
• tribunal’s assessment and conclusions on the case

Question 9

Memorandum decisions are authorized by ____________ Both provide: “Every decision or final resolution of a court in appealed cases shall clearly and distinctly state the findings of facts and the conclusions of law on which it is based, which may be contained in the decision or final resolution itself, or adopted by reference from those set forth in the decision, order, or resolution appealed
from”

Answer 9

BP 129 Rule 51

Question 10

the _______, NOT the date of the writing of the decision or judgment, nor the signing or even the promulgation thereof, that constitutes rendition

or what constitutes rendering of judgment

Answer 10

filing of the decision, judgement, or order with the clerk of court

“The mere pronouncement of the judgment in open court with the stenographer taking note thereof does not xxx constitute a rendition ofjudgment. It is the filing of the signed decision with the clerk of court that constitutes rendition” (Ago v. Court ofAppeals, 6 SCRA 530, 534).

Question 11

SKIPPED A LOT NOT IN SYLLABUS

Question 12

what are the contents of judgment?

Answer 12

• body of the judgment [ratio decidendi]
• dispositive portion [fallo]

Question 13

If there is a conflict between the fallo and ratio decidendi

Answer 13

GEN: fallo prevails
EXC: where the inevitable conclusion from the ratio decidendi is so clear that shows there was a mistake in the fallo, the ratio decidendi will prevail

Question 14

After the parties presented their evidence, the judge asked the lawyers, “Are you going to argue?” The parties said, “No more, Your honor. We are waiving our right to argue.” So the judge dictated the decision to the clerk of court. The judgment was against the defendant. The defendant appealed next day.

Do you count the period of
appeal from that date when he heard the decision?

Answer 14

No. The reckoning of appeal is not when the party heard the judge but begins with the written decision

Judgment must be in writing, personally and directly prepared by the judge stating the facts and the law which it is based, signed by him, filed to the clerk of court.