10.

Differentiate judgment on the pleadings from summary judgment

Judgment on the Pleadings Summary judgment

Proper when there is no genuine issue Proper even if there is an issue as to the
between the parties damages recoverable

Based not only on pleadings but also on

Based exclusively on the pleadings without affidavits, depositions and admissions of the
introduction of evidence parties

Available in any action, except the 3

exceptions:
1. Declaration of nullity of marriage
2. Annulment of marriage Proper only in actions to recover a debt, or
3. Legal separation for a liquidated sum of money, or for
declaratory relief

11. Explain the Following rules in Summary Judgment

a. For the claimant - (1) 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 (Sec. 1)

b. For the Defendant - (1) 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 (Sec. 2)

c. When the case is not fully adjudicated - If on motion, 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 (Sec. 4, Rule 35).

d. Affidavits and attachments - (1) 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 (Sec. 5). (2)
Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to the Rules
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 (Sec. 6)

12. Explain the rules on rendition of judgment and final orders. When is there is an entry of judgment?

(1) Rendition of judgment is the filing of the same with the clerk of court. It is not the pronouncement of
the judgment in open court that constitutes the rendition. Even if the judgment has already been put in
writing and signed, it is still subject to amendment if it has not yet been filed with the clerk of court and
before its filing does not yet constitute the real judgment of the court (Ago vs. CA, 6 SCRA 530). It is not
the writing of the judgment or its signing which constitutes rendition of the judgment (Castro vs.
Malazo, 99 SCRA 164).

(2) 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 (Sec. 1, Rule 36).

(3) An order or a judgment is deemed final when it finally disposes of a pending action, so that nothing
more can be done with it in the trial court. In other words, the order or judgment ends the litigation in
the lower court. A dismissal with prejudice is already E L M E R P . B R A B A N T E * R E M E D I A L L A W
R E V I E W E R 2 0 1 8 Page 174 deemed an adjudication of the case on the merits, and it disallows and
bars the refiling of the complaint. It is a final judgment and the case becomes res judicata on the claims
that were or could have been brought in it (HGL Development Corporation vs. Judge Penuela, GR No.
181353, 06/06/2016).

(4) It is just as basic that a judgment can no longer be disturbed, altered, or modified as soon as it
becomes final and executory; "nothing is more settled in law." Once a case is decided with finality, the
controversy is settled and the matter is laid to rest. Accordingly, [a final judgment] may no longer be
modified in any respect, even if the modification is meant to correct what is perceived to be an
erroneous conclusion of fact or law, and regardless of whether the modification is attempted to be
made by the court rendering it or by the highest court of the land.

Entry of judgment and final order (Rule 36)

(1) If no appeal or motion for new trial or reconsideration is filed within the time provided in the 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 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, with a
certificate that such judgment or final order has become final and executory (Sec. 2).

(2) The entry of judgment 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 and after the same has become
final and executory. The record shall contain the dispositive portion of the judgment or final order and
shall be signed by the clerk of court, with a certificate by said clerk that the judgment has already
become final and executory (Sec. 2, Rule 36)
13. Enumerate the Post-judgment remedies in civil cases? When can we file a motion for new trial and
motion for reconsideration? Enumerate their respective grounds? What are the effects of an order
granting or denying said motions?

Post Judgment Remedies:

(1) Motion for reconsideration [Rule 37]

(2) Motion for new trial [Rule 37]

(3) Appeal [Rules 40-45]

WHEN TO FILE: An aggrieved party may file a motion for new trial or reconsideration within the period
for taking an appeal.

Where an appeal is one by notice of appeal, the period for appeal is 15 days. Where a record on appeal
is required, the period is 30 days.

The periods commence upon receipt of notice of the decision or final order appealed from by the
counsel of record, which is considered notice to the parties. Service upon the parties themselves is
prohibited and is not considered as official receipt of judgment.

GROUNDS FOR MOTION FOR NEW TRIAL [Sec. 1, Rule 37]

(1) Fraud, accident, mistake, excusable negligence (FAME) – subject to the following conditions:

(a) Which ordinary prudence could not have guarded against; and

(b) By reason of which such aggrieved party has probably been impaired in his rights. There must be a
valid cause of action or defense.

NOTE: Fraud must be extrinsic fraud which is any fraudulent scheme executed outside of the trial by the
prevailing party against the losing party, who because of such fraud is prevented from presenting his
side of the case.

(2) Newly discovered evidence – subject to the following requisites:

(a) It must have been discovered after the trial

(b) It could not have been discovered and produced at the trial even with the exercise of reasonable
diligence;

(c) It must be material and not merely collateral, cumulative, or corroborative; and

(d) The evidence is of such weight that if admitted, would probably alter the result of the action
GROUNDS FOR MOTION FOR RECONSIDERATION [Sec. 1, Rule 37]

(1) Damages awarded are excessive

(2) Evidence is insufficient to justify the decision or final order

(3) The decision or final order is contrary to law

GRANT OF MOTION; EFFECT

Grant of motion for reconsideration: The court may amend the judgment or final order accordingly.
The amended judgment is in the nature of a new judgment, which supersedes the original judgment.

Grant of motion for new trial: The original judgment shall be vacated, and the action shall stand for
trial de novo. The recorded evidence upon the former trial shall be used at the new trial without
retaking them, if they are material and competent.

Partial grant: The court may order a new trial or grant reconsideration as to such issues if severable
without interfering with the judgment or final order upon the rest. [Sec. 7, Rule 37]

DENIAL OF MOTION Effect: The judgment or final order stands as is.

Fresh 15-Day Rule: The aggrieved party has a “fresh period” of 15 days within which to file his appeal.

If the motion is denied, the movant has a “fresh period” of 15 days from receipt or notice of the order
denying the motion for new trial or motion for reconsideration within which to file an appeal. [Neypes v.
CA, G.R. No. 141524 (2005)]

NOTE: (1) This fresh period becomes significant only when a party opts to file a motion for new trial or
reconsideration (2) This rule does not refer to the period within which to appeal from the order denying
the motion for reconsideration but to the period within which to appeal from the judgment itself.

14. Explain the concept of FRESH PERIOD RULE.

Fresh Fifteen (15) -day Period Rule (Neypes Doctrine)

(1) If the motion is denied, the movant has a fresh period of 15 days from receipt of notice of the order
denying or dismissing the motion for reconsideration within which to file a notice to appeal. This new
period becomes significant if either a motion for reconsideration or a motion for new trial has been filed
but was denied or dismissed. This fresh period rule applies not only to Rule 41 governing appeals from
the RTC but also to Rule 40 governing appeals from MTC to RTC, Rule 42 on petitions for review from
the RTC to the CA, Rule 43 on appeal from quasi-judicial agencies to the CA, and Rule 45 governing
appeals by certiorari to the SC. Accordingly, this rule was adopted to standardize the appeal periods
provided in the Rules to afford fair opportunity to review the case and, in the process, minimize errors
of judgment. Obviously, the new 15 day period may be availed of only if either motion is filed;
otherwise, the decision becomes final and executory after the lapse of the original appeal period
provided in Rule 41 (Neypes vs. CA, GR No. 141524, 09/14/2005).

(2) The Neypes ruling shall not be applied where no motion for new trial or motion for reconsideration
has been filed in which case the 15-day period shall run from notice of the judgment. This shall not apply
to Rules 12, 16, 62, and 64. The period for Rules 40 and 41 are extendible, while those of Rules 42, 43,
and 45 are not extendible.

15. Is appeal a constitutional right? What are the judgments and orders that are subject to appeal?
What are the matters that are not appealable? What is the remedy against judgment and order that
not appealable?

Nature of Appeal

(1) Not a natural right nor a part of due process

(2) It is merely a statutory right, and may be exercised only in the manner and in accordance with
provisions of the law. It must comply with the requirements; failing to do so, the right to appeal is lost

(3) Once granted, appeals become part of due process and should be liberally applied in favor of the
right to appeal

JUDGMENTS AND FINAL ORDERS SUBJECT TO APPEAL; MATTERS NOT APPEALABLE [SEC. 1, RULE 41,
AS AMENDED BY AM NO. 07-7-12-SC]

(1) Appeal may be taken from a judgment or final order that completely disposes of the case, or of a
particular matter therein when declared by the Rules to be appealable

(2) No appeal may be taken from:

(a) An order denying a petition for relief or any similar motion seeking relief from judgment;

(b) An interlocutory order;

(c) An order disallowing or dismissing an appeal;

(d) An order denying a motion to set aside a judgment by consent, confession or compromise on the
ground of fraud, mistake or duress, or any other ground vitiating consent;

(e) An order of execution;

(f) A judgment or final order for or against one or more of several parties or in separate claims,
counterclaims, crossclaims and third-party complaints, while the main case is pending, unless the court
allows an appeal therefrom; and (g) An order dismissing an action without prejudice (not a judgment on
the merits).
Remedy against Matters not Appealable: In those instances where the judgment or final order is not
appealable, the aggrieved party may file the appropriate special civil action under Rule 65. [Sec. 1, Rule
41]

16. Explain the following modes of appeal:

a) Ordinary Appeal - Ordinary Appeal or appeal by writ of error, where judgment was rendered in a civil
or criminal action by the RTC in the exercise of its original jurisdiction • This mode of appeal, governed
by Rule 41, is taken to the CA on questions of fact or mixed questions of fact and law

b) Record on Appeal - Record on Appeal is Done in special proceedings and other cases where multiple
or separate appeals are allowed. This is filed and served in the same manner as notice of appeal.

Contents of the Record [Sec. 6, Rule 41]:

(1) Full names of all the parties to the proceedings shall be stated in the caption of the record on appeal

(2) It shall include the judgment or final order from which the appeal is taken,

(3) In chronological order, copies of only such pleadings, petitions, motions, and all interlocutory orders
as are related to the appealed judgment or final order

(4) For the proper understanding of the issue involved

(5) Together with such data as will show that the appeal was perfected on time

c) Petition for Review (Rule 42-43)

PETITION FOR REVIEW FROM THE REGIONAL TRIAL COURTS TO THE COURT OF APPEALS [RULE 42]
Appeal via Rule 42 is proper when one appeals from a decision of the RTC in the exercise of its appellate
jurisdiction. It may be taken on either questions of fact, questions of law, or on mixed questions of fact
and law.

This mode of appeal is not a matter of right but is a matter of discretion on the part of the CA, on
whether or not to entertain the appeal.

APPEALS FROM QUASI-JUDICIAL BODIES (Rule 43)

Scope: Appeals from awards, judgments, final orders or resolution of or authorized by any quasi-judicial
agency (QJA) in the exercise of its quasi-judicial functions

A quasi-judicial agency or body is an organ of government other than a court and other than a
legislature, which affects the rights of private parties though either adjudication or rule-making

Quasi-judicial agency covered by Rule 43: (1) Civil Service Commission (2) Securities and Exchange
Commission (3) Office of the President (4) Land Registration Authority (5) Social Security Commission
(6) Civil Aeronautics Board (7) Bureau of Patents, Trademarks and Technology Transfer (8) National
Electrification Administration (9) Energy Regulatory Board (10) National Telecommunications
Commission (11) Department of Agrarian Reform under RA 6657 (12) GSIS (13) Employees
Compensation Commission (14) Agricultural Inventions Board (15) Insurance Commission (16)
Philippine Atomic Energy Commission (17) Board of Investment (18) Construction Industry Arbitration
Commission, and (19) Voluntary arbitrators authorized by law

Where to Appeal [Sec. 3, Rule 43] Appeal is taken to the CA on questions of fact, of law, or mixed
questions of fact and law.