Q. JUDGMENTS AND FINAL ORDERS

Question 1

What is a judgment?

Answer 1

The final ruling by a court of competent jurisdiction regarding the rights and obligations of the parties, or other matters submitted to it in an action or proceeding. [Macahilig v. Heirs of Magalit, G.R. No. 141423 (2000)]

Question 2

Requisites of a valid judgment

Answer 2

1. Court or tribunal must be clothed with authority to hear and determine the matter before it. [Acosta v. COMELEC, G.R. No. 131488 (1998)]
2. Court must have jurisdiction over the parties and the subject matter
3. Parties must have been given an opportunity to adduce evidence on their behalf. [Acosta v. COMELEC, G.R. No. 131488 (1998)]
4. Evidence must have been considered by the tribunal in deciding the case. [Acosta v. COMELEC, G.R. No. 131488 (1998)]
5. Judgment must be in writing, personally and directly prepared by the judge. [Corpus v. Sandiganbayan, G.R. No. 162214 (2004)]
6. Judgment must state clearly the facts and the law upon which the decision is based, signed by the judge and filed with the clerk of court. [Sec. 1, Rule 36; Sec. 14, Art VIII, 1987 Constitution]

Question 3

Judgments without trial

Answer 3

1. Judgment on the Pleadings [Rule 34]
2. Summary Judgment [Rule 35]
3. Upon compromise or amicable settlement, either during pre-trial or during trial [Rule 18; Art. 2028, Civil Code]
4. Dismissal with prejudice [Sec. 13, Rule 15; Secs. 3 and 5, Rule 17]
5. Under the Rules on Summary Procedure
6. When there is an agreed statement of facts [Sec. 7, Rule 30]

Question 4

Judgment on the pleadings

Answer 4

The court may, motu proprio or on motion of that party, direct judgment on such pleading when the answer:

a. Fails to tender an issue, or
b. Admits the material allegations of the adverse party’s pleading. [Sec. 1 and 2, Rule 34]

Note: The concept will not apply when no answer is filed. It will come into operation when an answer is served and filed but the same fails to tender an issue, or admits the material allegations of the adverse party’s pleading. [1 Riano 609, 2014 Bantam Ed.] When no answer is filed, the remedy is to move that the defendant be declared in default. [Sec. 3, Rule 9]

Question 5

When a judgment on the pleadings is availed of by motion of a party (with regard to litigious motions)

Answer 5

The motion shall be subject to the provisions of Rule 15. [Sec. 2, Rule 34]

From the reference to Rule 15, it follows that a motion for a judgment on the pleadings is considered an allowable litigious motion. As such, there must be proof of service to the other party who shall have five (5) calendar days to file an opposition. From receipt of such, the court shall have 15 calendar days to resolve the motion.

Note: 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. [Sec. 2, Rule 34]

Question 6

Cases when a judgment on the pleadings is not proper

Answer 6

Judgment on the pleadings is not proper in the ff. cases:

a. Declaration of Nullity of Marriage;
b. Annulment of marriage; and
c. Legal Separation.

Note: In such cases, the material facts alleged in the complaint shall always be proved.
[Sec. 1, Rule 34]

Question 7

Summary Judgment

Answer 7

A judgment which a court may render BEFORE TRIAL, but AFTER both parties have PLEADED upon application by one party supported by affidavits, depositions, or other documents, with notice upon the adverse party who may file an opposition supported also by affidavits, depositions or other documents, should the court find after summarily hearing both parties with their respective proofs that there exists no genuine issue between them. [2 Herrera 118, 2007 Ed., citing Evangelista v. Mercator Financing Corporation, G.R. No. 148864 (2003)]

Question 8

When is summary judgment proper?

Answer 8

Summary Judgment is proper when it appears to the court that:

a. There exists no genuine issue as to any material fact, except as to the amount of damages, and
b. The moving party is entitled to judgment as a matter of law.

Question 9

Define what is a genuine issue and what is the test to determine a genuine issue

Answer 9

Genuine issue: an issue of fact which calls for the presentation of evidence as distinguished from a sham, fictitious, contrived, or false claim [Philippine Bank of Communications v. Go, G.R. No. 175514 (2011)]

Test: Whether or not the pleadings, affidavits and exhibits in support of the motion are sufficient to overcome the opposing papers and to justify the finding that, as a matter of law, that there is no defense to the action, or the claim is clearly meritorious. [Estrada v. Consolacion, G.R. No. L- 40948 (1976)]

Question 10

When may parties file a for a summary judgment?

Answer 10

When filed:

1. If sought by the claimant – only after the answer is served; [Sec. 1, Rule 35]
2. If sought by the defendant – at any time [Sec. 2, Rule 35]

Note: There is no longer a mandatory hearing for the motion due to the amendment of the rules. This is also consistent with the amendments to Rule 15.

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.

Question 11

Bases for Summary Judgment

Answer 11

1. Affidavits
2. Depositions
3. Admissions

Question 12

When the Case Not Fully Adjudicated

Answer 12

Partial summary judgment: applies when for some reason there can be no full summary judgment. Trial should deal only with the facts not yet specified or established.

Effect: A partial summary judgment is NOT A FINAL JUDGMENT, but merely a PRE-TRIAL ADJUDICATION that said issues in the case shall be deemed established for the trial of the case. [Guevarra v. CA, G.R. No. L-49017 (1983)]

Question 13

What should an affidavit contain?

Answer 13

1. Made on personal knowledge
2. Setting forth such facts as would be admissible in evidence
3. Showing affirmatively that the affiant is competent to testify to the matters stated therein
4. Certified true copies of all papers or parts thereof referenced in the affidavit shall be attached or served with the affidavit
   [Sec. 5, Rule 35]

Question 14

When is an affidavit deemed in bad faith and what is the effect?

Answer 14

Affidavits in bad faith [Sec. 6, Rule 35] are those presented under this Rule which appear to the court at any time as presented in bad faith or solely for the purpose of delay.

Effect of affidavits in bad faith:
The court
1. Shall order the offending party or counsel to pay the other party the amount of reasonable expenses which the filing of the affidavits caused him to incur; and
2. May, after hearing, adjudge the offending party or counsel guilty of contempt. [Sec. 6, Rule 35]

Question 15

Rendition of Judgment (R36, S1)

Answer 15

A judgment or final order determining the merits of the case shall be

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

Pronouncement of the judgment in open court does NOT constitute rendition of judgment. It is the FILING of the signed decision with the COC that constitutes 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 COC. [Ago v. CA, G.R. No. L-17898 (1962)]

Question 16

Period for rendition of judgment

Answer 16

Period for rendition
a. All cases filed must be decided or resolved by the Supreme Court within 24 months from the date of their submission for decision.
b. Unless reduced by the SC, within 12 months for lower collegiate courts and within 3 months for all other lower courts.
[Sec. 15, Art. VIII, Constitution,]

Question 17

Entry of judgment

Answer 17

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 after the same has become final and executory. [1 Riano 615, 2014 Bantam Ed.]

When entered: 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 [Sec. 2, Rule 36]

Note: The date of finality of the judgment or final order shall be deemed to be the date of its entry. [Sec. 2, Rule 36] This is regardless of the date when the physical act of entry was done. [1 Riano 615, 2014 Bantam Ed.]

Question 18

What is the final judgment rule?

Answer 18

General rule: Once a decision or order becomes final and executory, it is removed from the power or jurisdiction of the court which rendered it to further alter or amend it. [Siliman University v. Fontelo-Paalan, G.R. No. 170948 (2007)]

Rationale:
Under the doctrine of immutability of judgments, a judgment that has attained finality can no longer be disturbed. The reason is two-fold:
a. To avoid delay in the administration of justice, and to make orderly the discharge of judicial business; and
b. To put an end to judicial controversies at the expense of occasional errors.
[1 Riano 538-539, 2011 Ed.]

Question 19

What are the exceptions to the final judgment rule?

Answer 19

Exceptions:

a. Correction of clerical errors [Filipinas Palmoil Processing, Inc. v. Dejapa, G.R. No. 167332 (2011)]
b. Nunc pro tunc entries [Filipinas Palmoil Processing, Inc. v. Dejapa, G.R. No. 167332 (2011)]
c. Whenever circumstances transpire AFTER finality of the decision, rendering its execution unjust and inequitable [Apo Fruits Corp. v. Land Bank of the Phils., G.R. No. 164195 (2010)]
d. In cases of special and exceptional nature, when it is necessary in the interest of justice to direct modification in order to harmonize the disposition with the prevailing circumstances [Industrial Timber Corp. v. Ababon, G.R. No.164518 (2006)]
e. In case of void judgments [FGU Insurance v. RTC Makati, G.R. No. 161282 (2011)]
f. Where there is a strong showing that a grave injustice would result from an application of the Rules [Almuete v. People, G.R. No. 179611 (2013)]
g. When there are grounds for annulment of judgment or petition for relief [Gochan v. Mancao, G.R. No. 182314 (2013)]