CIVPRO - RULE 33-39

Question 1

What is a demurrer to evidence?

Answer 1

A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence

Note: A demurrer to evidence shall be subject to the provisions of Rule 15 of litigious motions

Question 2

When may a demurrer to evidence be filed in civil cases?

Answer 2

The defendant may file a demurrer to evidence after the plaintiff has finished presenting his evidence

Question 3

What is the ground for a demurrer to evidence?

Answer 3

The ground is that upon the facts the law, the plaintiff has shown no right to relief or insufficiency of evidence

Question 4

What is the effect of denial of the demurrer to evidence in civil case?

Answer 4

If the motion is denied, the movant shall have the right to present evidence

Question 5

What is the effect of granting the demurrer to evidence in civil cases?

Answer 5

The case shall be dismissed with prejudice

Question 6

Is the order granting a demurrer to evidence appealable?

Answer 6

Yes, the plaintiff may appeal as the grant is considered as judgment on the merits of the case

Question 7

What is the effect when the order granting demurrer to evidence is reversed?

Answer 7

If the defendant’s motion for judgment on demurrer to evidence is granted and the order is subsequently reversed on appeal, the defendant shall be deemed to have waived his right to present evidence

Note: The appellate court cannot remand the case for further proceedings; rather, it should render judgment on the basis of the evidence by the plaintiff

Question 8

May the order denying the demurrer to evidence in civil cases be assailed by appeal, certiorari, prohibition or mandamus?

Answer 8

No. The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari, prohibition or mandamus before judgment.

Question 9

Distinguish demurrer between civil and criminal cases

Answer 9

Grounds = Civil: facts and law shows that plaintiff has no right to relief; Criminal: insufficiency of evidence by prosecution

Leave of Court = Civil: not required; Criminal: may be filed with or without leave but has different consequences

Effect of denial = Civil: D can present evidence; Criminal: with L, D can present evidence; with no L, D not allowed to present evidence because waived

Appeal of grant = Civil: appealable, reversal on appeal is waiver of D’s right to present evid; Criminal: no appeal on grant because it is acquittal (note on GADALEJ)

Remedy agaisnt denial = Civil: no appeal, cert, mandamus; Criminal: same

Who may invoke = Civil: D; Criminal: motu proprio or D.

Question 10

What is a judgment

Answer 10

A judgment is one that finally disposes of a case, leaving nothing more for the court to do with respect to it. It may either be an adjudication of the merits, which, considering the evidence presented at the trial, declares categorically with the rights, and the obligations of the parties are, or it may be an order or judgment, that dismisses an action without considering the merits.

NOTE: No appeal may be taken from an order dismissing an action without prejudice.

Question 11

When should there be judgment after pre-trial?

Answer 11

Should there be no more controverted facts, or no more genuine issue as to any material fact or an absence of any issue or should the answer fail to tender an issue the court shall motu proprio include in the pretrial order that the case be submitted for summary judgment, or judgment, on the pleadings, without need of position, papers or memoranda.

NOTE: The foregoing is without prejudice to a party also moving fro judgment on the pleadings under Rule 34 or summary judgmetn under Rule 35 (ROC R18S10)

Question 12

May such motu proprio court order to submit the case to summary judgment or judgmetn on the pleadings be assailed by appeal or certiorari?

Answer 12

No, the order of the court to submit the case for judgment pursuant the section 10 of rule 18 shall not be the subject of appeal or certiorari. (R18 S10)

Question 13

What is a judgment on the merits?

Answer 13

A judgment may be considered, as one rendered on the merits when it determines the rights and liabilities of the parties, based on the disclosed facts, irrespective of formal, technical or dilatory objections; or when the judgment is rendered, after a determination of which party is right, as distinguished from a judgment, rendered upon some preliminary or formal, or merely technical point.

Question 14

May there be judgment on the merits without trial?

Answer 14

Yes, it does not required that a trial, actual hearing or argument on the facts of the case ensued before there is judgment on the merits for as long as the parties had the full legal opportunity to be heard on their respective claims and contentions.

Question 15

Cite the instances where there may be judgment on the merits without trial.

Answer 15

[DeP-EP-DiSP-SCS]

[1] Judgment by [D]efault (R9 S3)

[2] Where the aciton si dismissed with [P]rejudice:
a. On the ground of res juidicata, prescription, unenforceability under the statute of frauds, or that the plaintiff’s claim has been paid, waived, abandoned or otherwise extinguished (R15 S13);
b. Under the two-dismissal rule (R17 S1)
c. Due to the fault of the plaintiff, unless otherwise declared by the court (R17 S3); and
d. Due to failure of plaintiff to attend pre-trial or to submit a pre-trial brief, unless otherwise declared by the court (R18 S5 & 6).

[3] Judgmetn on the basis of evidence offered Ex parte, due to failure of defendant to attend pre-trial or to submit a pre-trial brief (R18 S5&6)

[4] Judgment after Pre-trial (R18 S10)

[5] Judgment by default against a party disobeying an order to comply with modes of [D]iscovery (R29 S3 & 5)

[6] Judgment based on agreed Stipulation of facts (R30 S7)

[7] Judgment on the Pleadings (R34)

[8] Summary judgment (R35)

[9] Judgment on a Compromise (NCC Art. 2037)

[10] Judgment in civil cases governed by the Revised Rule on Summary Procedure.

Question 16

When may a motion for judgment on the pleadings be properly filed?

Answer 16

A motion for judgment on the pleadings is proper, where the answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading (R34 S1)

Question 17

When does an answer “fail to tender an issue” or “otherwise admit the material allegations of the adverse party’s pleadings?”

Answer 17

The answer would fail to tender an issue. If it does not comply with a requirements for specific denial, set out, and rule eight, and it would admit the material allegations of the adverse parties bleedings, not only where it expressly confesses the truthfulness of but also if it admits to deal with them at all.

Question 18

When is judgment on the pleadings improper?

Answer 18

The fololowing actions cannot be subject of a jdugment on the pleadings as the material facts alleged in the complaint shall always be proved:
1. Declaration of nullity of marriage;
2. Annulment of marriage; or
3. Legal separation (R34 S1)

Question 19

Is there judgment on the pleadings only upon motion of a party?

Answer 19

No, the court may motu proprio or on motion render judgment on the pleadings if it is apparent that the answer fails to tender and issue, or otherwise admits the material allegations of the adverse party’s pleadings (R34 S2)

Question 20

May the court’s action on the motion for jdugment on the pleadings be assailed?

Answer 20

No, any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition for certiorari , prohibition, or mandamus (R34 S2).

Question 21

When may the court properly render a summary judgment?

Answer 21

Unless the court orders, the conduct of a hearing a summary judgment shall be rendered for with 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 judgment as a matter of law (R35 S3).

Question 22

What is a genuine issue?

Answer 22

A genuine issue of fact is such issue of fact, which requires the presentation of evidence, as distinguished from a sham, fictitious contrived or false claim, as such an issue of fact, is genuine if it requires presentation of evidence to be resolved.

Question 23

When may a claimant file a motion for a summary judgment?

Answer 23

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 there to has been served, move for summary judgment, upon all, or any part thereof. (R35 S1)

Question 24

When may a defendant file a motion for summary judgment?

Answer 24

A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may at any time move for a summary judgment in his favor, as to all or any part thereof. (R35 S2)

Question 25

What should a motion for summary judgment contain?

Answer 25

The motion for summary judgment shall cite the:
1. Supporting affidavits
2. Depositions or admissions; and
3. The specific law relied upon (R35 S3).

Note: The adverse party may file a comment and serve opposing affidavits, depositions, or admissions within a non-extendible period of 5 calendar days from receipt of the motion (R35 S3)

Question 26

May the actions of the court on a motion for summary judgment be assailed?

Answer 26

No. Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for certiorari, prohibition or mandamus (R35 S3)

Question 27

What should the court do if hte case is not fully adjudicated?

Answer 27

If the judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court may, by examining the pleadings and the evidence before it and by interrogating counsel, ascertain what material facts exist without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and direct such further proceedings in the action as are just (R35 S4)

Note: The facts so ascertained shall be deemed established, and the trial shall be conducted on the controverted facts accordingly (R35 S4)

Question 28

May a partial summary judgment be appealed?

Answer 28

No. Sec 1(b) R41 [double check, might be wrong] provides that a judgment or final order for or against one or more of several parties or in separate claims, counterclaims, cross-claims and third-party complaints, while the main case is pending, may not be appealed, unless the court allows an appeal therefor

Question 29

What is the form and content of the affidavits and supporting papers in a motion for summary judgment?

Answer 29

Supporting and opposing affidavits shall be made on personal knowledge setting forth facts admissible in evidence and showing 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 and served therewith. (R35 S5)

Question 30

What is the consequence of submission of affidavits in bad faith?

Answer 30

Should it appear to its satisfaction at any time that any of the affidavits presented in bad faith or solely for purpose of delay, the court shall order the defending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him or her to incur, including attorney’s fees, and the offending party or counsel may further be adjudged guilty of contempt (R35 S6)

Question 31

How is judgment on the pleadings distinguished from summary judgment?

Answer 31

Ground = JP: fails to tender an issue or admist material allegations; SJ: no genuine issue as to existence of a MATERIAL FACT (moving party is entitled to a judgment as a matter of law)

Basis of judgment = JP: solely on pleadings; SJ: pldgs, dpstns, admsns;

Who may file = JP: cliaming party; SJ: either claiming or defending party

Termination.= JP: entire case terminated; SJ: there may be a partial termination;

Answer = JP: answer already filed; SJ: if filed by pltf, must have answer; if filed by dfndnt, any time even before there is an answer

Question 32

What are the parts of a judgment?

Answer 32

CFERD

1. Statement of the [C]ase
2. Statement of the [F]acts
3. Issues or assignment of [E]rrors
4. Court [R]uling in which each issue is, as a rule separately considered and resolved; and
5. [D]ispositive portion

Question 33

If there is a conflict between the body of the judgment and the fallo, which should prevail?

Answer 33

The fallo controls. This rule rests on the theory that the fallo is the final order while the opinion in the body is merely a statement ordering nothing.

Note: The rule applies when the dispositive part of a final decision or order is definite, clear, and unequivocal, and can wholly be given effect without need of interpretation or construction.

Question 34

When is a judgment deemed rendered?

Answer 34

The rule is well established that the filing of the decision, judgment, or order with the Clerk of Court, not the date of the writing of the decision or judgment, nor the signing thereof or even the proulgaiton thereof, that constitutes rendition thereof.

Question 35

What are the requisites for a valid rendition of judgment?

Answer 35

1. in writing;
2. personally and directly prepared by the judge;
3. stating clearly and distinctly the facts and the law on which it is based
4. signed by the judge; and
5. filed with the clerk of court (R36S1)

Jurisprudence:
authority, jurisdiction, parties have opportunity to adduce evidence, evidence is considered by the tribunal

Question 36

What msut the record of the judgment contain?

Answer 36

Dispositive part, signed by the Clerk of Court, with a certificate that such judgment or final order has become final and executory

Question 37

What is the doctrine of immutability of judgment?

Answer 37

A decision that has acquired finality becomes immutable and unalterable, and may no longer be modified in any respect, even if the modification is meant to correct erroneous conclusions of fact and law and whether it be made by the court that rendered it or by the highest court of the land

Question 38

What are the exceptions to the doctrine of immutability of final judgment?

Answer 38

Exceptions to the doctrine of immutability of final judgment:
1. Correction of clerical errors;
2. The so-called Nunc pro tunc entries which cause no prejudice to any party
3. Void judgments
4. Whenever circumstnaces transpire after the finality of the decision rendering its execution unjust and inequitabe (supervening events)
5. Clarificatory judgments, as when there is ambiguity in the dispositive portion arising from inadvertent omission; or
6. When the court relaxes the rule to serve substantial justice

Question 39

What are the remedies against judgments or final orders?

Answer 39

The following are post-judgment remedies:

Before finality of judgment
1. Motion for reconsideration (R37)
2. Motion for new trial (R37)
3. Appeal

After finality of judgment
1. Relief from Judgment or Final Order (R38)
2. Annulment of Judgment (R47)
3. Petition for Certiorari (R65)

Question 40

What are the grounds for a Motion for New Trial?

Answer 40

FAMEN-NDE

standards: FAMEN- impaired rights of aggieved party; NDE - would alter result if presented

FAMEN - support with affidavits of merit
NDE - support with affidavits of witnesses or duly authenticated documents

Question 41

Groudns for Motion for Reconsideration

Answer 41

EIC
1. Damages are excessive
2. Evidence is inssuficient to jsutify the decision or final order
3. The decision or final order is COntrary to law

Question 42

Filing and service requirement for MNT and MR

Answer 42

1. File the motion in writing stating the grounds or grounds therefor
2. Serve a written notice of motion on the adverse party

Question 43

What is the effect of filing am otion for new trial or reconsideration which does not comply with the requirements regarding the same?

Answer 43

It shall be considered a pro forma motion. A pro forma motion for new trial or reconsideration shall not toll the reglementary period of appeal. (R37 S2)

Question 44

What is the period for filing a MNT or MR?

Answer 44

Within period for taking appeal

Question 45

What is the Fresh Period Rule?

Answer 45

Where the MNT or MR is denied, the movant shall ah ve a fresh period within which to file his appeal of the jdugment or final order. The fresh period is 15 days counted from the receipt of the order denying the motion for new trial or for reconsideration.

The new 15-day period may be availed of only if either a motion for noew trial or motion for reconsideraiotn is filed; otherwise, the decision becomes final and executory after the lapse of the original appeal period provided in the rules.

NOTE: pro-forma MNT or MR will not grant fresh period

Question 46

Is the Fresh Period Rule applicable to administrative cases and criminal case?

Answer 46

Admin cases: Depends if precluded or not. If precluded by admin rules, no. If not, ROC is suppletory so it may apply

Criminal cases - yes applicable Sec 6 R122 (double check coz codal provides balance but jurisprudence is otherwise)

Question 47

Does the Fresh Period Rule apply to the petition for certiorari under R64?

Answer 47

No (Fortune Life Insurance Co. Inc. v. COA Proper GR 213525)

R64 is judgments from COMELEC and COA

Question 48

May a second motion for new trial be allowed?

Answer 48

Yes, a seocnd MNT is allowed BUT it must be based on a groudn not existing nor available when the first MNT was made.

When filed? within the time herein provided excluding the time during which the first motion had been pending.

Question 49

Is second MR allowed?

Answer 49

No, it is not allowed. (R37 S5)

Question 50

What is the effect is MNT or MR is granted?

Answer 50

MNT: original judgment = vacated; trial de novo but recorded evidence when material and competent shall be used at the new trial without retaking the same.

MR: original judgment = amended accordingly

Question 51

May there be a partial grant of new trial or reconsideration?

Answer 51

Yes. This occurs when the ground for a motion appear to the court affect the issues as to only a part or less than all the matter in controversy or only one or less than all of hte parties to it. The rest will not be interferred with.

Question 52

Remedy against an order denying a MNT or MR

Answer 52

The order of denial is not appealable. The remedy is to appeal the judgment itself.

Question 53

Where is petition for relief applicable

Answer 53

Petition for relief
1. from judgment, order or other proceeding
2. from denial of appeal

Question 54

Requirements for petition for relief

Answer 54

Petition for relief
1. ground - FAMEN
2. verified
3. 60/6 - filed within 60 days after petitioner learns of the judgment, final order, or other proceedings to be set aside AND not more than 6 months after such judgment or final order was entered, or such proceeding was taken
4. Accompanied by affidavits showign the FAMEN relied upon AND facts showing the petitioner’s good and substantial cuase of action or defense

Question 55

Effect of grant of petition for relief

Answer 55

Petition for relief – if granted
1. court shall set aside hte judgment or final order or other proceeding complianed of
2. case shall stand as if such judgment, final order or other proceeding had never been rendered, issued or taken
3. court to proceed to hear and determine hte case as if a timely motion for new trial or reconsideration had been granted.

Question 56

May a party file a Petition for Relief if he had filed an MNT?

Answer 56

No. A party who has filed a timely MNT cannot file a petition for relief after his motion has been denied. These two remedies are exclusive of each other. It is only in appropriate cases where a party aggrieved by a judgment has not been able to file a motion for new trial that a petition for relief can be filed.

Question 57

Which court to file Petition for relief?

Answer 57

In court which rendered the decision and only in MTCs and RTC

Not in CA and SC.

A R65 petition may be filed however.