Rule 34 - JDGMNT On D Pldngs

1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors> Rule 34 JUDGMENT ON T E !
"E#D$NG%
Rule 34 Judgment on the Pleadings
%E&. '. Judgment on the pleadings .( )here a* a*s+er fa,ls to te*der a* ,ssue- or other+,se ad.,ts the .ater,al alle/at,o*s of the ad0erse party1s plead,*/- the court .ay- o* .ot,o* of that party- d,rect 2ud/.e*t o* such plead,*/. o+e0er- ,* act,o*s for declarat,o* of *ull,ty or a**ul.e*t of .arr,a/e or for le/al separat,o*- the .ater,al facts alle/ed ,* the co.pla,*t shall al+ays 3e pro0ed. 4'a- R'56 Judgment on the pleadings is an expeditious way of terminating a civil action. There is no more trial and judgment will be rendered based on what the plaintiff says in his pleadings. Illustration: PROB !"# Plaintiff files a complaint. $efendant files an answer. The answer contains what you call defenses % negative& affirmative defenses. 'ow& after the defendant files the answer& his issues are joined. 'ext step is pre(trial. )f the case is not terminated in pre( trial& next step is trial. That*s the procedure. But suppose ) will file a complaint against you and you file your answer where you admitted everything that ) said in my complaint. +ll the allegations in the complaint are admitted and no defense was interposed by the defendant. ,o& meaning& the defendant filed an answer which contains no defense at all. !verything is admitted. ,hould the case go to trial- ,hould the plaintiff prove his cause of action- .hat is there to prove when you admitted everything- ,o& there is no more trial because everything is admitted by the defendant. /# )n the above case& what should the plaintiff do+# The plaintiff will now apply Rule 01. 2e will file a motion in court which is 3nown as Judgment on the Pleadings. 2e will as3 the court to render judgment based on what the complaint says and what the answer says. 'o more evidence. !to ang sabi ng complaint& Oh! You borrowed money, and you did not pay. ,abi ng answer& admit! admit! admit! Oh& ano pa- .hat is there to be tried- 4ou admitted everything& so the court will now decide5 4ou can render a decision based on what the complaint says and what the answer says and the court will immediately render judgment for the plaintiff. ,o wala ng trial. Rule 01 is one of the procedures or remedies under the Rules of 6ourt for the prompt expeditious resolutions of civil actions % one of the fastest ways of resolving a civil dispute because plaintiff files the complaint& defendant files his answer& plaintiff as3s for judgment and the case is decided. 'o more pre(trial& no more trial. .hy- There is nothing to try 3asi wala 3a mang depensa. !verything that ) say in my complaint you admit. /# 7nder Rule 01& what are the grounds for Judgment on the Pleadings+# The following are the grounds# 8.9 .hen an answer fails to tender an issue: or ;.9 .hen an answer otherwise admits all the material allegations of the adverse party*s pleading.
58
1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors> /# .hen does an answer fails to tender an issue+# +n answer fails to tender an issue#
8.9 when it neither admits nor denies the allegations in the complaint: )t neither admits nor denies. ,o& you cannot do that. !ither you admit or you deny the allegations in the complaint. 4ou cannot say& efendant does not admit, he does not also deny the allegation. "eaning you are trying to be evasive. That is not allowed. ;.9 when all the denials in the answer are general denials and not specific. + denial is general if the pleader does not state the facts relied upon in support of his denial % efendant denies the allegations in paragraphs !, ", #, $, %, &, ' and (. That is an answer which does not tender an issue because all the denials are general& or no 3nowledge or information sufficient to form a belief. Just li3e what happened in the case of )*PI+O, -O+O./ 0s. Y*12+. ,o if an answer contains evasive allegations& denials which are general& it does not also tender any issue aside from the fact that it also admits the law. 6onsider it as an admission of the material allegations of the complaint. Therefore plaintiff will now move for an immediate judgment in his favor. That is why it is called judgment on the pleadings. 'ow& judgment on the pleadings has already been mentioned in the previous rule that we too3 up. et*s go bac3 to pre(trial in Rule 8< because there is a mention there on judgment on the pleadings. ,ection ;& Rule 8<# %E&. 7. 3ature and purpose. ( The pre(tr,al ,s .a*datory. The court shall co*s,der8 999 /6 The propr,ety of re*der,*/ 2ud/.e*t o* the plead,*/s- or su..ary 2ud/.e*t- or of d,s.,ss,*/ the act,o* should a 0al,d /rou*d therefor 3e fou*d to e9,st. 999 )n other words& during the pre(trial& the defendant there and based on his pleadings& meron siyang defense. But during the pre(trial& he ma3es now an admission , *4tually, your honor, wala a5ong depensa ba. I ha0e no defense. 6ourt# *h, wala 5a ba6 O5ay. Judgment on the pleadings! % tapos5 Or& another example# 6ollection case. +ccording to the defendant in his answer the obligation is paid. +nd then during the trial& the court as3s the defendant , *re you serious that the obligation is paid6 $efendant# *4tually your honor, wala pa. 7indi pa bayad. 6ourt: 8anoon ba6 O plaintiff, what do you say6 Plaintiff# I mo0e for 9udgment on the pleadings. Tapos5 The case is finished because the admission is made in the course of the pre(trial that he has no valid defense. !=6!PT)O', TO T2! R7 ! O' J7$>"!'T O' T2! P !+$)'>,
59
1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors>
/# >ive the exceptions to the rule on judgment on the pleadings. +# Judgment on the pleadings does not apply# 8.9 in actions for declaration of nullity or annulment of marriage: or ;.9 in actions for legal separation: 0.9 when the issue is the amount of unli?uidated damages because there must always be evidence to prove such amount @Rule <& ,ection 889: 1.9 when only conclusions of law are being alleged. ,o& judgment on the pleading is not allowed on actions for nullity of marriage or for legal separation. )t cannot be resolved based only on what the complaint and what the answer says. Otherwise& if we will allow Rule 01 in that 3ind of action& then it is very easy for husbands and wives to have their marriages annulled or in obtaining a legal separation. ,o& the husband and the wife& they ?uarrel and they decide# O, sige. I:admit mo lahat para 9udgment on the pleadings na! ;h, di tapos! "y golly5 The court will never allow that to succeed simply because the other party admitted everything. That would be a license for collusion. )t*s not as easy as that. .alang judgment on the pleading sa marriage. )n other words& no allegation is deemed admitted even if the other party admits. 4ou still have to prove or disprove. ,o& the premise is similar to Rule A on $efaults. There is no default judgment in actions for legal separation based on the same principle eh5 )t is a one(sided story and collusion or connivance between the parties is possible. (oOo(
60

Rule 34 - JDGMNT On D Pldngs

Uploaded by

Copyright:

Available Formats

Rule 34 - JDGMNT On D Pldngs

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Rule 34 - JDGMNT On D Pldngs

Uploaded by

Copyright:

Available Formats

1997 Rules on Civil Procedure 2001 Edition <draft copy. pls. check for errors> Rule 34 JUDGMENT ON T E !

Rule 34 Judgment on the Pleadings

Rule 34 Judgment on the Pleadings

Rule 34 Judgment on the Pleadings

You might also like