Rule 34
Judgment on the Pleadings
|
|---|
What is judgment on the pleadings?
A judgment on the pleadings is a judgment on the facts as pleaded, and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes. (Sunbanon vs. Go, G.R. No. 163280, February 2, 2010)
When is judgment on the pleadings proper?
Judgment on the pleadings is proper if the Answer:
1. fails to tender an issue; or
2. admits the material allegations of the adverse party's pleading.
3. admits the material allegations of the adverse party's pleading
When would an answer fail to tender an issue?
The answer would fail to tender an issue if it does not comply with the requirements for a specific denial set out in Section 10 of Rule 8; and it would admit the material allegations of the adverse party's pleadings not only where it expressly confesses the truthfulness thereof but also if it omits to deal with them at all. (Vergara vs. Suelto, G.R. No. 74766, December 21, 1987)
(1) General denial of the material allegations of the complaint;
(2) Insufficient denial of the material allegations of the compliant.
Can the court render judgment on the pleadings motu proprio?
No. A judgment on the pleadings cannot be rendered by the court motu proprio. It can be done only where there is a prior motion to the effect filed by the appropriate party.
However, if at pre-trial the court finds that a judgment on the pleadings is proper, it may render such judgment motu proprio. Section 2 of Rule 18 of the Rules of Court states: "The pre-trial is mandatory. The court shall consider: xxx (g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; xxx"
In what cases does judgment on the pleadings not allowed?
In the following cases, judgment on the pleadings will not lie as it is required that the material facts alleged in the complaint must always be proved:
1. Declaration of nullity of marriage
2. Annulment of marriage
3. Legal separation
Who can file a judgment on the pleadings?
Judgment on the pleadings is generally available only to the plaintiff, unless the defendant presents a counterclaim.
What is the effect of filing a motion for judgment on the pleadings?
(a) By moving for judgment on the pleadings, the plaintiff waives his claim for unliquidated damages (because claims for such damages must be alleged and proved).
(b) One who prays for the judgment on the pleadings without offering proof as to the truth of his own allegations and without giving the opposing party an opportunity to introduce evidence must be understood to admit all material and relevant allegations of the opposing party and to rest his motion for judgment upon those allegations taken together with such of his own as are admitted in the pleadings. [Falcasantos v. How Suy Ching (1952)]
However, if at pre-trial the court finds that a judgment on the pleadings is proper, it may render such judgment motu proprio. Section 2 of Rule 18 of the Rules of Court states: "The pre-trial is mandatory. The court shall consider: xxx (g) The propriety of rendering judgment on the pleadings, or summary judgment, or of dismissing the action should a valid ground therefor be found to exist; xxx"
In what cases does judgment on the pleadings not allowed?
In the following cases, judgment on the pleadings will not lie as it is required that the material facts alleged in the complaint must always be proved:
1. Declaration of nullity of marriage
2. Annulment of marriage
3. Legal separation
Who can file a judgment on the pleadings?
Judgment on the pleadings is generally available only to the plaintiff, unless the defendant presents a counterclaim.
What is the effect of filing a motion for judgment on the pleadings?
(a) By moving for judgment on the pleadings, the plaintiff waives his claim for unliquidated damages (because claims for such damages must be alleged and proved).
(b) One who prays for the judgment on the pleadings without offering proof as to the truth of his own allegations and without giving the opposing party an opportunity to introduce evidence must be understood to admit all material and relevant allegations of the opposing party and to rest his motion for judgment upon those allegations taken together with such of his own as are admitted in the pleadings. [Falcasantos v. How Suy Ching (1952)]
0 Comments
Post a Comment