1

JUDGMENT
JUDGMENT ON THE MERITS
A judicial act which settles the issues, fixes the rights and liabilities of the parties, ―Merits‖ refer to the real or substantial grounds of action or defense as a matter of
and determines the proceeding, and is regarded as the sentence of the law substance in law as distinguished from technical or collateral grounds as a matter of form.
pronounced by the court on the action or question before it. Nonetheless, there could be a judgment on the merits even if there is no trial. (RIANO,
2019, p. 538).

TYPES OF JUDGMENTS: A judgment dismissing an action for want of jurisdiction (over the subject matt
 Sin Perjuicio judgment
 Conditional judgment
JUDGMENT SIN PERJUICIO
 Incomplete judgement
 Nunc pro tunc judgment A judgment sin perjuicio is traditionally understood to be a brief judgment containing
only the dispositive portion, without prejudice to the making of a more extensive
 Judgment upon a compromise or Judgment upon an amicable discussion of the findings of fact and law to support it. It is not a final decision and
settlement should be avoided and not be looked with favor. (Director of Lands v. Sanz, G.R. No.
21183, Aug. 31, 1923) Its current use may also refer to a dismissal of an action without
 Judgment upon a confession prejudice, such as in Sec. 1 of Rule 17 and Sec. 5 of Rule 7.
 Judgment upon the merits 4blue95 notes: A sin perjuicio judgment is not final since it leaves something more to be
done as it reserves the performance of an act.
 Clarificatory judgment
 Judgment by default(Sec.3R9) MEMORANDUM DECISION
 Judgment on the Pleadings(R34)
A memorandum decision is one rendered by an appellate court and incorporates, by
 Summary Judgment(R35)
reference, the findings of fact and conclusions of law contained in the decision or order
 Several judgment(Sec.4R36) under review. (RIANO, 2019, p. 522).
 Separate judgment(Sec.5R36)
The memorandum decision, to be valid, cannot incorporate the findings of fact and the
 Special Judgment(Sec.11R. 39) conclusions of law of the lower court only by remote reference, which is to say that the
challenged decision is not easily and immediately available to the person reading the
 Judgment for specificactor(Sec.10R39)
memorandum decision. For the incorporation by reference to be allowed, it must provide
 Judgment on Demurrer to Evidence(R33) for direct access to the facts and the law being adopted, which must be contained in a
statement attached to the said decision. (BrionesVasquez v. Court of Appeals, G.R. No.
 Final Judgment
144882, Feb. 4, 2005)
 Amended j udgment and Supplemental Judgment
Although a memorandum decision is permitted under certain conditions, the appellate
The requisites of a valid judgment are: court cannot merely refer to the findings of fact and the conclusions of law of the lower
court. The court must make full findings of fact and conclusion of law of its own. (Ong
1. In writing; Chiu Kwan v. Court of Appeals, G.R. No. 113006, Nov. 23, 2000).
2. Personally and directly prepared by the judge;
3. State clearly and distinctly the facts and the law on which it is based;

4. Signed by the judge; JUDGMENT NUNC PRO TUNC

5. Filed with the clerk of court. (Sec. 1, Rule 36). Judgment intended to enter into record the acts which had already been done but which
do not appear in the records.
Furthermore, due process dictates that before any decision can be validly rendered
The office of a judgment nunc pro tunc is to record some act of the court done at a former
in a case, the following safeguards must be met:
time which was not then carried into the record, and the power of a court to make such
entries is restricted to placing upon the record evidence of judicial action which has been
1. The court or tribunal must be clothed with judicial authority to hear and
actually taken. (Briones-Vasquez v. Court of Appeals, G.R. No. 144882, Feb. 4, 2005).
determine the matter before it;
It may be used to make the record speak the truth, but not to make it speak what it did not
speak but ought to have spoken. (Id.)
2. It must have jurisdiction over the person of the party or over the
If the court has not rendered a judgment that it might or should have rendered, or if it has
property subject of the controversy;
rendered an imperfect or improper judgment, it has no power to remedy these errors or
omissions by ordering the entry nunc pro tunc of a proper judgment. (Id.)
3. The parties thereto must have been given an opportunity to adduce
In all cases the exercise of the power to enter judgments nunc pro tunc presupposes the
evidence in their behalf, and
actual rendition of a judgment, and a mere right to a judgment will not furnish the basis
for such an entry.
4. Such evidence must be considered by the tribunal in deciding the case.

VOID JUDGMENT
Rendition of a Judgment
NO JUDGMENT BY which no rights are divested. It can never become executory, it
Rendition of a judgment is the filing of the same with the clerk of court. (Ago v. Court of
follows that such a void judgment cannot constitute a bar to another case by reason of res
Appeals, G.R. No. L-17898, October 31, 1962) It is not the writing or signing of the
judicata. (Tambunting, Jr. v. Spouses Sumabat, G.R. No. 144101, Sep. 16, 2005)
judgment which constitutes rendition of the judgment. (Castro v. Malazo, A.M. No.
1237-CAR, 1980).
The failure of petitioners to allege the key jurisdictional facts constitutive of unlawful
detainer is fatal. Since the complaint did not satisfy the jurisdictional requirement of a
This includes an amended decision because an amended decision is a distinct and
valid cause for unlawful detainer, the MCTC corollarily failed to acquire jurisdiction over
separate judgment and must follow the established procedural rule. (Balquidra v. Court of
the case, and thus its judgment is a void judgment for lack of jurisdiction. It cannot be the
First Instance of Capiz, G.R. No. L-40490, October 28, 1977) .
source of any right neither can it be the creator of any obligation. (Diaz vs. Spouses
Punzalan, G.R. No. 203075, Mar. 16, 2016)
Even if the order or judgment has already been put into writing and signed, while it has
not yet been delivered to the clerk for filing, it is still subject to amendment or change by
the judge.|(Ago v. Court of Appeals, G.R. No. L-17898, 1962).

JUDGMENT AGAINST ENTITY WITHOUT JURIDICAL PERSONALITY

Period to Render a Decision
When judgment is rendered against two or more persons sued as an entity without
The court shall decide and serve copies of its decision to the parties within a period not
juridical personality, the judgment shall set out their individual or proper names, if
exceeding 90 calendar days from the submission of the case for resolution with or
known.
without memoranda.

CLARIFICATORY JUDGMENT
Promulgation
It is rendered to clarify an ambiguous judgment or one difficult to comply with.
The process by which a decision is published, officially announced, made known to the
Where the judgment is difficult to execute because of ambiguity in it sterms , the remedy
public or delivered to the clerk of court for filing, coupled with notice to the parties or
is to file a motion for clarificatory judgment and not to assail the judgment as void.
their counsel.
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JUDGMENT WITHOUT TRIAL Distinguish a judgment upon a COMPROMISE from a judgment upon a
CONFESSION.
A decision rendered without a full-blown trial. Examples include judgment by
confession and judgment upon a compromise. 1. In a judgment upon a COMPROMISE, the liability of the defendant is to
be determined in accordance with the terms of the agreement of the
parties; whereas In a judgment upon a CONFESSION, the defendant
JUDGMENT BY CONFESSION confesses the action and consents TO THE judgment that the court may
render in accordance with the compromise and the prayer therein (31
This is a judgment rendered by the court after a party expressly agrees to the other party’s Am.Jur.108); and
claim or acknowledges the validity of the claim against him. (RIANO, 2019, p. 543).
2. In a judgment upon a COMPROMISE, there is give and take; the parties
2 kinds: haggle, bargain and agree on the terms of the judgment; there is mutual or
reciprocal concessions; whereas A judgment upon a CONFESSION is
a.COGNOVIT ACTIONEM- defendant after service instead of entering a plea, unilateral. It comes from the defendant who admits his liability and
acknowledged and confessed that the plaintiff’s cause of action was just and rightful accepts that judgment be rendered against him.
b.CONFESSOIN RELICTA VERIFICATIONE- after pleading and before trial, the
defendant both confessed the plaintiff’s cause of action and withdrew or abandoned his 3. In a judgment upon a compromise, the provisions and termsare settled and
plea or other allegations ,whereupon judgment was entered against him without agreed upon by the parties to the action, and which are entered in the
proceeding to trial. record by the consent of the court while a judgment by confession is an
affirmative and voluntary act of the defendant himself. The court
exercises a certain amount of supervision over the entry of judgment.

JUDGMENT UPON A COMPROMISE

A compromise judgment is a decision rendered by a court sanctioning the agreement

between the parties concerning the determination of the controversy at hand.
Essentially, it is a contract, stamped with judicial imprimatur, between two or more
persons, who, for preventing or putting an end to a lawsuit, adjust their difficulties by
mutual consent in the manner which they agree on, and which each of them prefers in the BAR: Suppose you enter into a compromise agreement and there isa judgment. You want
hope of gaining, balanced by the danger of losing. to escape from the compromise judgment on the ground that your consent was vitiated by
However, upon court approval of a compromise agreement, it transcends its identity as a mistake, error,deceit, violence. How do you question it? What is your remedy?
mere contract binding only upon the parties thereto, as it becomes a judgment that is
subject to execution. (Diamond Builders Conglomeration v. Country Bankers Insurance HELD: Under the new rules, you cannot anymore appeal an order denying a
Corp., G.R. No. 171820, Dec. 13, 2007). 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
Judgment upon a compromise is immediately executory upon the signing of the (Section 1, Rule 41)So an order denying a motion to se t aside aj udgment by
compromise agreement in the absence of a motion to set aside on the ground of fraud, compromise on the ground of fraud, mistake, or duress or any other ground
mistake, etc. Hence, it has the effect of res judicata. (World Machine Enterprises v. IAC, vitiating consent is not appealable.
G.R. No. 72019, 1990).
So what is the remedy now?
It is well-settled that a judicial compromise has the effect of res judicata and is
immediately executory and not appealable unless a motion to set aside the same is led on HELD:The correct remedy is for the party to file an action fo rannulment of
the ground of fraud, mistake or duress, in which event an appeal may be led from an judgment before the Court of Appeals pursuant
order denying the same. A court cannot set aside a judgment based on compromise toSection9,par.2,oftheJudiciaryLaw.
without having declared in an incidental hearing that such a compromise is vitiated by (nowincorporatedinRule47)―Acompromisemayhoweverbedisturbedandsetasidef
any of the grounds for nullity enumerated (Salvador v. Ortoll, G.R. No. 140942, Oct. 18, orvicesofconsentorforgery.Hence,whereanaggrievedpartyallegesmistake, fraud,
2000) violence, intimidation, undue influence, or falsity
intheexecutionofthecompromiseembodiedinajudgment,anactiontoannulitshouldb
2022 notes: a judgment based on compromise has the force of law and is conclusive upon ebroughtbeforetheCourtofAppeals,inaccordance with Section 9(2) of Batas
the parties. It has the effect of res judicata (World Machine v IAC) PambansaBilang 129, which gives that court (CA) exclusive original jurisdiction
-- a person not privy to a case may join a compromise . If there is breach ,he can be sued over actions forannulmentofjudgmentsofregionaltrialcourts.‖DOMINGOvs.CA–
(Rodriguez v Alikpala) 255SCRA189[1996]

The parties may submit compromise agreement at any stage of thecase, even if
judgment has already become final and executory,
What are the legal effects of a judgment based upon a compromise agreement? andevenwithoutapprovalofthecourt.

1) The compromise judgment is not appealable and it is immediately

executory. (Reyes vs. Ugarte, 75 Phil. 505; Serranovs.Miave,L-
14687,March 31,1965)
2) It cannot be annulled unless it is vitiated with error, deceit, violence or
forgery of documents. (Morales vs. Fontanos, 64
Phil.19;Article2038,CivilCode) JUDGEMENT AFTER PRE-TRIAL
3) It constitutes res adjudicata. (Art. 2037, Civil Code; Sabino vs.Cuba, L-
18328, Dec. 17, 1966) Meaning, the same subject matteror cause of
action can no longer be reopened in the future inanotherlitigation. The court shall motu proprio include in the pre-trial order that the case be submitted for
summary judgment or judgment on the pleadings, without need of position papers or
Advantage of Approval of the court memoranda, should there/it be:
a. No more controverted facts;
The court could render a judgment based upon a compromise and in case of breach of any b. No more genuine issue as to any material fact;
of the conditions, the party may ask the court for execution of judgment under R39. c. Absence of an issue; or
d. That the answer fails to tender an issue.

This is without prejudice to a party moving for judgment on the pleadings or summary
Mittimus judgment under Rules 34 and 35, respectively.
Final process for carrying into effect the decision of the appellate court and the
In such cases, judgment shall be rendered within ninety (90) calendar days from
transmittal to the court a quo. It is predicated upon the finality of the judgment (De
Guzman v Reyes) termination of the pre-trial. The order of the court to submit the case for judgment
pursuant to this Rule shall not be the subject to appeal or certiorari.

In one case, petitioner moved for a summary judgment after pre-trial. Respondent
Error Clerical countered, arguing that by agreeing to proceed to trial during the pre-trial conference,
When it does not involve an exercise of judicial functions. petitioner waived its right to summary judgment. The Court ruled in favor of the
petitioner, holding that if plaintiff was allowed to move for summary judgment even after
trial and submission of the case for resolution, more so should we permit it in the present
Obiter dictum case where petitioner moved for summary judgment before trial. Whenever it becomes
evident at any stage of the litigation that no triable issue exists, or that the defenses raised
Opinion expressed by a court upon some question of law w/c are not necessary to the by the defendants are sham or frivolous, plaintiff may move for summary judgment.
decision of a case before it. A court’s resolution of an issue not involved in the case but (Republic v. Sandiganbayan, G.R. No. 152154, Jul. 15, 2003)
passed upon since it is necessary for the adjudication thereof is not obiter dictum.
 3

JUDGMENT ON THE PLEADINGS

It is not required to submit supporting papers since everything is based on the ACTION ON MOTION FOR JUDGMENT ON THE PLEADINGS
pleadings.
The court may motu propio or on motion render judgment on the
pleadings if it is apparent from the answer that there are grounds for
The DEFENDANT may move for judgment on the pleadings if the complaint does such. Otherwise, the motion shall be subject to the provisions of Rule
not contain a cause of action.
15 (Motions). (Sec. 2, Rule 34).
The court upon motion of the CLAIMANT on the ground that an answer:
A motion for judgment on the pleadings is a litigious motion. (Sec. 5,
a. Fails to tender an issue; or Rule 15)
b. Otherwise admits the material allegations of the adverse party’s pleading.
(Sec. 1, Rule 34) Also, if at pre-trial, the court finds that a judgment on the pleadings is
proper, it may render such judgment motu proprio.
It is a form of judgment that is exclusively based on the submitted pleadings without
the introduction of evidence as the factual issues remain uncontroverted. (GSIS v. Any action of the court on a motion for judgment on the pleadings
Prudential, G.R. No. 165585, 2013) shall NOT BE SUBJECT OF AN APPEAL nor PETITION for
certiorari, prohibition, or mandamus. (Sec. 2, Rule 34)
A judgment on the pleadings will not apply when no answer is filed. It will come into
operation only when an answer is served and filed but the same fails to tender an
A Motion for Judgment on the Pleadings is one that is considered EX
issue or admits the material allegations of the adverse party’s pleading. (RIANO,
2019, p. 544) PARTE because upon particular facts thus presented, the movant is
entitled to judgment.

WHEN ANSWER FAILS TO TENDER AN ISSUE

An answer fails to tender an issue if it does not comply with the requirements of a
specific denial as set out in Sections 8 (actionable document denial under oath)
and 10 (specific denial) [of Rule 8]. Failure to deny such would result in the
admission of the material allegations of the adverse party’s pleadings

(BAR) In an action for recovery of a sum of money,the plaintiff averred in the

complaint that on Jan 15,1990, the defendant obtained a loan from the plaintiff in
the sum of P100,000 which he promised to pay to the latter on or before July CASES WHERE JUDGMENT ON THE PLEADINGS DO NOT APPLY
15,1990plus interest at rate of 18% per annum from Jan 15,1990 until fully paid
and that ―the aforesaid loan has long been overdue but despite repeated demands ,
the defendant failed and refused to pay the aforesaid sum and interest. Answering a. Declaration of nullity of marriage;
the complaint, the defendant denied the aforequoted averments and gave reason b. Annulment of marriage; and
for the denial his lack of knowledge or info sufficient to form a belief as to the c. Legal separation;
truth of said averment. What is the effect of such denial? With such form of
denial, what course of action maybe availed of by the plaintiff? (BAR)A brought an action against her husband B for annulment of
marriage on ground of psychological incapacity. B filed his answer
The denial of the averments of the complaints is not a sufficient specific denial. to the complaint admitting all the allegations. May A move for
The allegation in the complaint that defendant obtained a loan from plaintiff and judgment on the pleadings?No, material facts must always be proved
failed and refused to pay the same is so plainly and necessarily within the (Sec1) and that the court shall order the prosecutor to investigate
defendant’s knowledge that his claim of ignorance must be palpably not true. whether or not a collusion between parties exist and if there is
Since the answer tenders no issue or otherwise admits the material allegations of none,to intervene for the State in order to see to it that the evidence
the complain, the plaintiff may properly file a motion for judgment on the submitted is not fabricated (Sec3,Rule 9). Evidence must have to be
pleadings. presented in accordance with the requirements set down by the SC in
Republic v. CA and Molina (268 SCRA198)

WHEN ANSWER OTHERWISE ADMITS MATERIAL ALLEGATIONS For letters a to c, the material facts alleged in the complaint shall ALWAYS
OF A PLEADING BE PROVEN. The purpose is to prevent collusion between the parties. (Sec.
1, Rule 34, see Articles 48 and 60 of the Family Code)
The answer admits the material allegations of the adverse party’s pleading by:

a. Expressly admitting the truth of such allegations;

b. Failing to make a specific denial of the material allegations; or
c. Omitting to deal with the material allegations at all. (Medical Enterprises, d. Cases involving unliquidated damages;
Inc. v. Wesleyan University Philippines, G.R. No. 207970, January 20, 2016;
RIANO, 2019, p. 544) 4blue95. By moving for judgment on the pleading, plaintiff waives
his claim for UNLIQUIDATED DAMAGES. Claim for such
Normally, it is the plaintiff who files a judgment on pleadings. But in one case, the damages must be alleged and proved. (see Sec. 11, Rule 8)
defendant was the one who moved for judgment on pleadings without offering
proof as to the truth of her allegations and without giving the plaintiff opportunity
to introduce evidence. The Court ruled that the defendant is deemed to have e. Cases where a pleading contains a conclusion of law since it is the court which
admitted the material and relevant matters of the complaint. (Sunbanun v. Go, makes such conclusions; and
G.R. No. 163280, 2010).
f. Cases where the pleading contains nonmaterial averments or allegations.

(BAR)X filed w/ RTC a complaint against Y for the collection of P20,000

attaching therewith the corresponding promissory note executed by ZY in his For letters d to f, there can be NO DEEMED ADMISSION for failure to
favor. Y filed his answer denying all material allegations of complaint for the make a specific denial in the answer.
reason that he does not have knowledge sufficient to constitute a belief as to the
truth of allegations therein contained. Y likewise interposed the defense that he
was unable to pay his indebtedness to X because of a typhoon w/c reduces his
income.
HELD:As counsel for X, I would file a motion for judgment on pleadings
,inasmuch as the answer tenders no issue or otherwise admits material allegations
of complaint. B’s answer denying all material allegations of complaint for lack of
sufficient knowledge is not specific denial inasmuch as rule authorizing an answer
to that effect does not apply where fact as to which want of knowledge is asserted
is so plainly and necessarily within the defendant’s knowledge that his averment
of ignorance must be palpably untrue.
 4

BAR: A is indebted to B in the amount of Php500,000.00 covered by a Promissory Note

(PN). The PN is due and demandable on March 1, 2017. On March 1, 2017, A failed
to pay his obligation. B sent a Demand Letter to A. Despite receipt of the same, A did
not pay. B filed a complaint for sum of money against A. B attached to hiscomplaint, the
Promissory Note executed by A, the demand letter, and a letter from A purportedly
acknowledging his indebtedness to B. A filed an answer denying the material
allegation in B’s Complaint in a general manner. If you are B’s counsel, what will
you do to protect the interest of your client,B?

HELD: I will file a motion for judgment on the pleadings.By not specifically denying
the material allegation in the complaint, A impliedly admitted the allegation in the
Complaint. Material averment in the complaint, other than those as tothe amount of
unliquidated damages, shall be deemed admitted
whennotspecificallydenied(Sec.11,Rule8).

4BLUE95 Note: When party failed to specifically denied under oath an actionable
document, judgment on the pleadings is proper.

Comglasco Corp. vs.Santos Car Check Center, GRNo.202989,March 25,2015

Petitioner entered into 5year lease contract with respondent. Petitioner,

after one year, pre-terminated the contract. Respondent filed answer
interposes the defense of
1.) rebus sic stantibus under Article 1267 of the civil code invoking the
Asian Financial crisis;
2)legal impossibility of performance under Article 1266. Because of
these defenses, the respondent filed a motion for judgment on the
pleadings. Should the motion be granted?
A: YES. As there was no issue of fact, the Court should grant the
motion. By interposing such defenses, the defendant admitted the
material allegation in the complaint.Hence,judgment on the pleading
may be availed.

4BLUE95. The new Rules allows the court to motu propio render judgment on the
pleadings if it apparent that the answer fails to tender an issue,or otherwise admits the
material allegations of the adverse party’s pleadings.
If it is by motion from the party,then the procedure in Rule15 shall apply.

BAR: Can you file a MR on the courts action on motion for judgment onthe
pleading?NO because resolution shall not be subject of anappeal or petitionfor
certiorari,prohibition or mandamus

4BLUE95. But take note that this only refer to the order of the court denying the motion
for judgment on the pleadings or the orde of the court submitting the case for judgment
on the pleadings BUT not to the judgment on the pleadings itself which is appealable
under Section1, Rule 41.

BAR MATTER 2022

2022 notes: VERY IMPORTANT!!! For summary judgment and judgment on the
pleadings to operate, there must be a Motion for summary judgment or judgment
on the pleadings that must be filed (Cadirao v Estenzo).
WHEN ISSUES ARE JOINED

Issues are joined because the responsive pleadings filed. However, the allegations in the
SUMMARY JUDGMENT ON THE JUDGMENT BY responsive pleading do not establish a real and genuine factual issue, because, for one,
JUDGMENT PLEADINGS DEFAULT the issue tendered is sham, fictitious, and patently unsubstantial.
Based on the Based SOLELY on Based on COMPLAINT BAR: A is indebted to B in the amount of Php500,000.00 covered by a Promissory
pleadings,depositions, pleadings and EVIDENCE (if latter Note (PN). The PN is due and demandable on March1, 2017. O nMarch1,2017, A
admissions and affidavits is required) failed to pay his obligation. B sent a Demand Letter to A. Despite receipt of the
Available to both Available only to Available only to same, A did not pay. B filed a complaint for sum of money against A. In B
PLAINTIFF and PLAINTIFF, UNLESS PLAINTIFF attached to his complaint, the Promissory Note executed by A, and the demand
DEFENDANT. DEFENDANT presents a letter. A denied the allegations in B’s Complaint. A further allegedin his answer
counterclaim that B already condoned his debt. However, said allegation is totally false.
Resolve.

I will file a motion for summary judgment because there is no genuine issue.

4blue95. A GENUINE ISSUE is an issue of fact which requires the presentation of

evidence as distinguished from a sham, fictitious, contrived or false claim .When the WHEN THERE IS NO GENUINE ISSUE AS TO ANY MATERIAL FACT?
facts as pleaded appear uncontested or undisputed, then there is no real or genuine issue
or question as to the facts, and summary judgment is called for(Yap When there is no factual issue which will require a full- dress evidentiary hearing
vs.Siao,GRNo.212493,June 1,2016). involving presentation of witnesses for regular examination. The absence of a genuine
material factual issue may be established by affidavits , depositions or admissions.

Example: A files an action to collect on a promissory note. Defendant files an answer to

which he attaches a receipt showing payment. A may move for a summary judgment by
attaching a document signed by the parties showing that the payment in the receipt was
for another loan which is not subject of the complaint.

4BLUE95 NOTE: The party who moves for summary judgment has the burden of
demonstrating clearly the absence of any genuine issue of fact, or that the issue posed in
the complaint is patently unsubstantial so as not to constitute a genuine issue for trial.

Trial courts have limited authority to render summary judgments and may do so only
when there is clearly no genuine issue as to any material fact.When the facts as pleaded
by the parties are disputed or contested, proceedings for summary judgment cannot take
the place of trial.
 5

SUMMARY JUDGMENT (RULE 56) MOTIONS AND PROCEEDINGS FOR SUMMARY JUDGMENT

also called accelerated judgment, is proper where, upon a motion filed after the To invoke the rule on summary judgments, a motion must be filed. Such
issues had been joined and on the basis of the pleadings and papers filed, the court motion must cite the supporting affidavits, depositions, admissions, and
finds that there is no genuine issue as to any material fact except as to the amount of specific law relied upon.
damages. Within a non-extendible period of 5 calendar days from receipt of the motion,
the adverse party may file a comment and serve opposing affidavits,
It may be availed when a responsive pleading has been filed (ANY TIME after the
depositions, or admissions.
pleading in answer have been served),however, the same did not establish a genuine
issue.
Unless the court otherwise orders the conduct of a hearing, the court shall
Any time – means at any stage of litigation. Meaning this motion may be availed of even render the summary judgment sought should:
before trial/after trial so long as it is evident that no triable issues exists or the defenses
raised are sham/ frivolous. 1. The supporting affidavits, depositions, admissions show that there
is no genuine issue as to any material fact, except as to the amount of
When it is proper?In all actions where a claim or cause of action is pleaded by or against damages; and
a party.( actions to recover debt, liquidated sum of money, declaratory relief, personal
injury cases) 2. The moving party, as a matter of law, is entitled to judgment.

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.
What triggers a summary judgment is the absence of a genuine factual issue. It is
(Sec. 3, Rule 35)
not proper where there are factual issues to be resolved by the presentation of
evidence. Even if there is a complicated question of law, if there is no issue as to the A motion for summary judgment is a litigious motion. (Sec. 5, Rule 15)
facts, a summary judgment is not barred. (Velasco v. CA, G.R. No. 121517, 2000)
The trial court cannot motu proprio decide that summary judgment on an action is
in order. The defending party or claimant, as the case may be, must invoke the rule
Meaning of Genuine Issue on summary judgment by filling a motion. The adverse party must be notified of
the motion for summary judgment and furnished with supporting, affidavits,
A genuine issue is an issue of fact which requires the presentation of depositions or admissions before hearing is conducted. (Pineda v. Heirs of Eliseo
evidence as distinguished from a sham, fictitious, contrived or false claim. Guevara, G.R. No. 143188, February 14, 2007)
An issue of material fact exists if the answer or responsive pleading filed
Under Section 3, Rule 35 of the Rules of Court, a summary judgment may not be
specifically denies the material allegations of fact set forth in the
complaint or pleading. If the issue of fact requires the presentation of
rendered on the amount of damages, although such judgment may be rendered on
evidence, it is a genuine issue of fact. However, if the issue could be the issue relating to the existence of the right to damages. (Ybiernas v.
resolved judiciously by plain resort to the pleadings, affidavits, TancoGabaldon, G.R. No. 178925, 2011)
depositions, and other papers on file, the issue of fact raised is sham, and
the trial court may resolve the action through summary judgment.
(Olivares Realty v. Castillo GR 196251, 2014)
a. For The Claimant
Burden of Proving Genuine Issue of Fact
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain
The party who moves for summary judgment has the burden of demonstrating clearly the a declaratory relief may, at any time AFTER the pleading in answer thereto has
absence of any genuine issue of fact, or that the issue posed in the complaint is patently been served, move with supporting affidavits, depositions or admissions for
unsubstantial so as not to constitute a genuine issue for trial. (Philippine Bank of
summary judgment in his favor upon all or any part thereof. (Sec. 1, Rule 35).
Communications v. Go, G.R. No. 175514, 2011)
The phrase "anytime after the pleading in answer thereto has been served" in
Section 1, Rule 35 means "at any stage of the litigation." Whenever it becomes
SUBJECT MATTER OF SUMMARY JUDGMENT evident at any stage of the litigation that no triable issue exists, or that the defenses
raised by the defendants are sham or frivolous, plaintiff may move for summary
A summary judgment may cover matters involving: judgment. (Republic v. Sandiganbayan, G.R. No. 152154, Jul. 15, 2003).
a. Recovery based on a claim, counterclaim, or cross-claim; or
b. Obtaining a declaratory relief.
b. For The Defendant
An action for annulment of marriage cannot be decided by summary judgment
proceeding (Roque v. Encarnacion, G.R. No. L-6505, 1954). 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 summary judgment in his favor upon all or any part
thereof. (Sec. 2, Rule 35).
REQUISITES FOR SUMMARY JUDGMENT

For a summary judgment to be proper, the movant must establish two requisites:
BASES OF SUMMARY JUDGMENT
1. There must be no genuine issue as to any material fact, except for the amount of
damages; and a. Affidavits supporting the motion (Rule 35, Sec. 5);
2. The party presenting the motion for summary judgment must be entitled to a judgment
as a matter of law. b. Depositions of the adverse party or a third party (Rule 23);
4BLUE95. The new Rules specifies that the motion for summary judgment must be
c. Admissions of the adverse party (Rule 26); or
accompanied by supporting affidavits, depositions or admissions, and the specific law
relied upon.
d. Answers to interrogatories under (Rule 25).

All the above must show that:

Motion shall be served at least 10 days before the time specified for the hearing.
1. There is no genuine issue as to any material fact, EXCEPT damages which must
always be proved; and
Although Rule does not specifically provide, also unavailable in actions for annulment of 2. The movant is entitled to a judgment as a matter of law. (see Sec. 3, Rule 35).
and declaration of nullity of marriage, and for legal separation since Sec. 1 refers to
actions ―to recover upon a claim‖, or to recover a debt or a liquidated demand for money, Even if the answer does tender an issue, and therefore a judgment on the pleadings
or ―to obtain declaratory relief.‖ is not proper, a summary judgment may still be rendered if the issues tendered are
not genuine, are sham, fictitious, contrived, set up in bad faith, and patently
unsubstantial. (Vergara v. Suelto, G.R. No. L-74766, 1987).
2022 notes: The test in granting summary judgment is whether the pleadings,
affidavits and exhibits in support of the motion are sufficient to overcome the
opposing papers and to justify a finding as a matter of law that there is no defense to
the action or the claim is clearly meritorious (Galicia v Polo).
 6

WHEN THE CASE NOT FULLY ADJUDICATED ON MOTION When there is an issue of fact joined by parties , neither of them can pray for
summary judgment (Archipelago Builders v IAC)

Partial Summary Judgment

(BAR) A filed a complaint for sum of money vs B for P414182.46 representing
If based on the motion, a trial is necessary because judgment was not rendered on the value of steel bars delivered to B. the latter filed an answer stating that he
the whole case or for all reliefs sought, the court may: owes A the amount of P380T representing the value of steel bars given for free as
per oral agreement, to make up for the deficiencies in weight and stress of the
1. Ascertain what material facts exist without substantial controversy, defective steel bars delivered. A filed a motion for summary judgment which court
including the extent to which the amount of damages or other relief is not in granted. Was court’s action proper?
controversy; and
HELD:NO, since the answer raised substantial and triable issues of fact, like the
2. Direct further proceedings in the action as are just. total amount of steel bars delivered. The genuine triable issues must be ventilated
to determine w/c allegations of fact are correct, and not by a perfunctory resolution
which in effect deprives a litigant his day in court.
In ascertaining the material facts, the court can:

1. Examine the pleadings and evidence before it; and

(BAR) X filed a complaint for ejectment against Y who filed an answer alleging
2. Interrogate the parties' counsel. that X’s title over the land is void. May X file a motion for summary judgment?
The facts so ascertained shall be deemed established, and the trial shall be HELD:NO, In action for ejectment ,where one of the defenses is that the title of
conducted on the controverted facts accordingly. (Sec. 4, Rule 35) The test is the plaintiff is void, summary judgment is not proper. There is an issue of fact
whether or not the pleadings, affidavits and exhibits in support of the motion are (w/c is a genuine issue)
sufficient to overcome the opposing papers and to justify the finding that, as a
matter of law, there is no defense to the action or claim clearly meritorious.
(Estrada v. Consolacion, G.R. No. L-40948, 1976)
A partial summary judgment is an interlocutory order, because it does not (BAR) PAGCOR filed a complaint for recovery of personal properties vs Marcelo
completely and finally dispose of a litigation. and others. Answer was filed .After plaintiff presented evidence, the defendants
filed a demurrer to evidence on the grounds of :
1.RTC’s non jurisdiction over the case inasmuch as the subject properties
2022 notes: There can be partial judgment, such is merely interlocutory and were brought under sequestration and
not a final judgment. It does not dispose of the case totally since the case can
2.PAGCOR’s failure to prove its ownership ,
still be tried on the basis of the remaining issues.
RTC granted the motion stating that the Sandiganbayan has exclusive
jurisdiction w/c was affirmed by the CA. Is CA’s ruling proper?
2022 notes: Partial summary judgment is final and appealable without
awaiting the judgment in remaining causes of action, if the following HELD: NO, since the mere fact that the properties were under sequestration
requisites are present: does not divest the RTC of its jurisdiction. Furthermore, it could have been
more prudent for the CA to remand the case to the RTC in order that the
-2 causes of action are separate and independent causes of action and the defendants may be given the opportunity to present evidence w/c by having
defendant’s counterclaim does not arise out of the transaction or occurrence which opted to file a demurrer that was subsequently granted, they were not able to
is the subject matter of said cause of action. In such case, judgment may be do so.
rendered pursuant to the rule of judgments at various stages.
What is contemplated by the Rules on Demurrer to Evidence pertains to the
merits of the case. In the case at bar, the demurrer was focused principally on
the RTC’s lack of jurisdiction (PAGCOR v CA).
No summary judgment can be had if a statement of account is not denied
since proof is necessary in so far as amount of damages is concerned.
(BAR) X filed a complaint against Y.After the answer was filed, X filed a
motion for summary judgment attaching thereto affidavits etc…Y did not file CONTENTS OF A JUDGMENT
opposing affidavits. Give effect of Y’s inaction.
Parts of a Judgment The Constitution and the Rules of Court apparently delineate two
HELD: Rule is that Y should have filed opposing affidavits otherwise main essential parts of a judgment, namely:
summary judgment would be rendered. The rule is not absolute since if there
1. The body (ratio decidendi); and
are factual issues ,failure to file counter-affidavits is not fatal (Consunji v
Jamandre) 2. The decretal or dispositive portion (fallo). (University of the Philippines v. Dizon, G.R.
No. 171182, Aug. 23, 2012)

The general rule is that where there is a conflict between the fallo, or the dispositive part,
(BAR) Ness filed a complaint for sum of money against Pinky for P1M who and the body of the decision or order, the fallo prevails on the theory that the fallo is the
filed an answer admitting liability but she is still checking the correctness of final order and becomes the subject of execution, while the body of the decision merely
the same. Ness filed a motion for summary judgment .If you were the judge, contains the reasons or conclusions of the court ordering nothing. However, where one
would you grant the motion? can clearly and unquestionably conclude from the body of the decision that there was a
mistake in the dispositive portion, the body of the decision will prevail. (Cobarrubias v.
HELD:YES, answer does not tender a genuine issue. A suit for recovery of People, G.R. No. 160610, Aug.14, 2009).
sum of money where defendants admitted in their answer , plaintiff’s
averments except as to the amount due, the correctness of which they are still According to Article VIII, Section 14 of the Constitution and Rule 36, Section 1 of the
checking , summary judgment may be rendered (PNB v Leather Co). Rules of Court, a court must state the factual and legal basis for its decisions. Faithful
adherence to this is a paramount component of due process and fair play
A decision that does not clearly and distinctly state the facts and the law on which it is
based leaves the parties in the dark as to how it was reached and is precisely prejudicial
When court renders summary judgment ,the remedy of the aggrieved party to the losing party, who is unable to pinpoint the possible errors of the court for review by
is Appeal ( Aqualyre v CA) a higher tribunal. (Philippine National Bank v. Heirs of Entapa, G.R. No. 215072, 2016)
in a situation where writ of execution had already been issued and there is
In a civil case as well as in a special civil action, the disposition should state whether the
absolutely no legal basis for rendition of summary judgment, CERTIORARI is the
complaint or petition is granted or denied, the specific relief granted, and the costs
remedy.

(BAR) X filed a complaint. Y ,the defendant filed an answer w/ counterclaim

larger in amount than the main claim by the plaintiff. May Y file a motion
ENTRY OF JUDGMENT
for summary judgment?
HELD: YES, Summary judgment may be rendered if the counterclaim is for If no appeal or motion for new trial or reconsideration is filed within the reglementary
a sum of money larger than that demanded in the complaint provided that the period, the judgment or final order shall be entered by the Clerk in the Book of Entries of
counterclaim is valid (Sugay v IAC) if counterclaim is a sham, then Judgment.
,summary judgment may not be rendered. The date of the finality of the judgment or final order shall be deemed to be the DATE
OF ITS ENTRY. (Sec. 2, Rule 36)
 7

FINALITY OF JUDGMENT RES JUDICATA EFFECT OF FINAL JUDGMENTS

The term “final” when used to describe a judgment may be used in two Res judicata is defined as a matter adjudged; a thing judicially acted upon or
senses: decided; a thing or matter settled by judgment. (Oropeza Marketing Corp. v.
Allied Banking Corp., G.R. No. 129788, Dec. 3, 2002)
First, judgment is deemed final when it disposes of a case in a
manner that leaves nothing more to be done by the court in Res judicata aims to accord stability to judgments. Without it, multiplicity of
respect thereto. action would be the order of the day. Do away with the principle and there shall be
no end to litigation. (San Pedro v. Binalay, G.R. 126207, Aug. 25, 2005)
Second, the judgment is also deemed FINAL when it is no longer
appealable and is already capable of being executed because the According to the doctrine of res judicata, an existing final judgment or decree
period of appeal has already lapsed. rendered on the merits, and without fraud or collusion, by a court of competent
jurisdiction, upon any matter within its jurisdiction, is conclusive of the rights of
the parties or their privies, in all other actions or suits in the same or any other
DOCTRINE OF IMMUTABILITY OF JUDGMENTS judicial tribunal of concurrent jurisdiction on the points and matters in issue in the
first suit. (Agustin v. Spouses
General Rule: 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 2 Aspects of Res Judicata:
whether it be made by the court that rendered it or by the Highest Court of the
land. Any act which violates this principle must immediately be struck down.
(Sps. Valarao v. MSC and Co., G.R. No. 185331, Jun. 8, 2016). Res Judicata – Bar by Prior Judgment

To be an absolute bar to the subsequent action, the following requisites must

Exceptions: The exceptions to the immutability of final judgments are: concur:
1. There must be a final judgment or order;
a. Correction of clerical errors;
2. the court rendering it must have jurisdiction over the subject matter and the
b. Nunc pro tunc entries which cause no prejudice to any party; parties;
3. It must be a judgment or order on the merits; and
c. Void judgments; and
4. There must be between the two cases identity of parties, subject matter and
d. Whenever circumstances transpire after the finality of the decision rendering its
execution unjust and inequitable. (Ocampo v. RPN9/Radio Philippines Network, causes of action. (Id.)
Inc., G.R. No. 192947, 2015)
In one case, the plaintiff filed a case for specific performance to deliver to him the
title and necessarily the ownership of a parcel of land he allegedly purchased from
The immutability of final judgments is not a hard and fast rule as the Court has the the defendant, but subsequently, he filed a Motion to Withdraw Complaint
power and prerogative to relax the same in order to serve the demands of resulting to its dismissal. Subsequently, the same plaintiff filed an accion
substantial justice considering: reivindicatoria against the same defendant covering the same parcel of land. The
Court held that the requirements of res judicata were met and thereby bars the
(a) matters of life, liberty, honor, or property; same by prior judgment. The net effect of the two actions is to peremptorily secure
(b) the existence of special or compelling circumstances; title, possession and ownership of the same piece of land. (Id.)
(c) the merits of the case;
(d) a cause not entirely attributable to the fault or negligence of the party favored
by the suspension of the rules; Res Judicata – Conclusiveness of Judgment
(e) the lack of any showing that the review sought is merely frivolous and dilatory;
and The general rule precluding the relitigation of material facts or questions which
(f) that the other party will not be unjustly prejudiced thereby. (People v. Santiago were in issue and adjudicated in former action are commonly applied to all matters
y Magtuloy, G.R. No. 228819, Jul. 24, 2019). essentially connected with the subject matter of the litigation.

When a supervening event renders the execution of a judgment impossible or Thus, it extends to questions necessarily involved in an issue, and necessarily
unjust, the interested party can petition the court to modify the judgment to adjudicated, or necessarily implied in the final judgment, although no specific
harmonize it with justice and the facts. A supervening event is a fact which finding may have been made in reference thereto, and although such matters were
transpires or a new circumstance which develops after a judgment has become directly referred to in the pleadings and were not actually or formally presented.
final and executory. This includes matters which the parties were unaware of prior
to or during trial because they were not yet in existence at that time. (Dy v. Bibat- In one case, an accident involving two ships occurred, and two cases were filed by
Palamos, G.R. No. 196200, Sep. 11, 2013). two different sets of cargo owners. The two cases were filed in different trial
courts but both held that Ship 1 is negligent and that it must pay damages to the
owners of the cargoes in Ship 2. The first case was appealed and reviewed by the
STARE DECISIS CA and the SC, respectively, and both courts affirmed the ruling of the trial court.
This case became final and executory. However, upon appeal in the CA of the
The rule of stare decisis is entrenched in Article 8 of the Civil Code which states second case, the latter reversed the trial court ruling and held that Ship 2 and not
that judicial decisions applying and interpreting the laws shall form part of the Ship 1 was negligent. Applying the rule of conclusiveness of judgment, the
legal system. (Castillo v. Sandiganbayan, G.R. No. 138231, February 21, 2002) question of which vessel had been negligent in the collision had long been settled
by this Court and could no longer be relitigated
The doctrine enjoins adherence to judicial precedents and requires courts in a
country to follow the rule established in a decision of the Supreme Court thereof.
(Umali v. Judicial and Bar Council, G.R. No. 228628, Jul. 25, 2017).

4blue95. DECISION of lower courts or other divisions of the same court are not
binding on others.

DOCTRINE OF LAW OF THE CASE

Law of the case has been defined as the opinion delivered on a former appeal. It
means that whatever is once irrevocably established as the controlling legal rule of
decision between the same parties in the same case continues to be the law of the
case whether correct on general principles or not, so long as the facts on which
such decision was predicated continue to be the facts of the case before the court.
(Radio Communications of the Philippines v. CA, G.R. No. 139762, Apr. 26,
2006) The rationale behind this rule is to enable an appellate court to perform its
duties satisfactorily and efficiently, which would be impossible if a question, once
considered and decided by it, were to be litigated anew in the same case upon any
and every subsequent appeal. (Spouses Sy v. Young, G.R. No. 169214, June 19,
2013)
 8

SEVERAL JUDGMENTS IMMUTABILITY OF JUDGMENT:

1. The liability of each party is clearly separable and distinct from his co-parties
such that the claims against each of them could have been the subject of separate Final judgment cannot be modified even if the purpose is to correct perceived
suits, and erroneous conclusions of the facts or law.

2. The judgment for or against one of them will not necessarily affect the other.
(Fernandez v. Sta. Maria, G.R. No. 160730, 2004) Exceptions:

It is NOT proper in actions against solidary debtors. (Id.) a.correction of clerical errors
b.making of nunc pro tunc entries which cause no prejudice to any party
Where a common cause of action exists against the defendants, as in actions against
solidary debtors, a several judgment is not proper. (De Leon v. Court of Appeals, G.R. c.where judgment is void
No. 138884, June 6, 2002)

When justice so demands, the court may require the parties on each side to file adversary 4blue95 notes: Court may clarify its judgment even if it has already become final, it does
pleadings as between themselves and determine their ultimate rights and obligations. not modify it but only interprets the same for purpose of clarifying an ambiguity.
(Rule 36, Sec. 3)
(BAR) A judge tried the case. After his retirement,he penned the decision. Is decision
2022 notes: If judgment is rendered against an association, the judgment shall set out valid?
their individual or proper names if known (sec6) HELD: NO,since he has no more authority to do so (Pp v Labao)

BAR: May an appeal be taken from a separate/ several judgment? No. unless the court
allows the appeal ( S1(f), Rule 41) the remedy is to file a special civil action under R65
but an appeal is allowed, the same shall be taken by filing a notice of appeal and a
record on appeal within 30 days from notice of the order allowing the appeal.
4BLUE95. What is an incomplete judgment? An incomplete judgment is one which
leaves certain matters to be settled in a subsequent proceeding. (Ignacio vs. Hilario, 76
Phil.605) There is a decision but there are still other matters to be incorporated later in
SEPARATE JUDGMENT such decision.

Judgment rendered to dispose of one of the several claims for relief presented in an
action. Such judgment terminates the claim, leaving the action to proceed as to the
remaining claims. (Sec. 5, Rule 36).

When Can Court Render Separate Judgment

PROMULGATION
The court may render a separate judgment when the following are present:

1. There is more than one claim for relief presented in the action; and Process by which a decision/judgment is published ,officially announced ,made known to
the public or delivered to the clerk of court for filing ,coupled with notice to the parties or
2. There is a determination of the issues material to a particular claim and all their counsel.
counterclaims arising out of the transaction, or occurrence which is the subject matter of 2022 notes: there is a need of notice of judgment to the parties since no judgment or order
the claim; (Id.) is binding on parties unless notice is duly served on them by any of the modes prescribed
by law.
The court may render a separate judgment at any stage of the trial. (Id.)

In case of a separate judgment, the court may stay its enforcement until rendition of the
General rule: After judgment has become final and executor the court cannot amend the
subsequent judgment/s. The court may likewise prescribe conditions to secure the benefit
same.
thereof to the party in whose favor the judgment is rendered.
Exceptions:
4BLUE95. Distinguish Partial Summary Judgment from a separate judgment.
Note that partial summary judgement and separate judgment are similar in 1) to make corrections of clerical error, not substantial amendments,as by an
that both may be executed after rendition of judgment in the entire or main amendment nunc pro tunc;
case, under the same terms and conditions as execution of a judgment or final
order pending appeal. 2) toclarify an ambiguity which is borne out by and justifiable in the context
of the decision; or
3) in judgments for support,which can always be amended from time to
time.
2022 notes: A minute resolution is not a decision ,hence, it need not comply with the
Rule:The validity of a judgment or order of a court cannot be collaterally attacked.
requirements of the Constitution.
2022 notes: Judgment holding a person liable for atty’s fees must state the reason for the Except:
award. Article 2208 of CC requires a factual, legal and equitable justification for such
award. Without such justification, the award is a conclusion w/o a premise, its basis being 1) for lack of jurisdiction; or
improperly left to the discretion of the court (mirasol v dela cruz) since atty’s fees cannot
be recovered as a matter of right. 2) irregularity of its entry apparent from the face of the record.

4blue95 notes: If the reason for the award is not stated in the body of the decision, it may
be disallowed on appeal (Abrogar v IAC) 4blue95: judgment must be in writing,personally and directly prepared by the judge
which must state clearly and distinctly the facts and law on which it is based and it
4blue95 notes: The requirements that decisions must contain statements of facts and of should contain dispositive part and should be signed by the judge and filed with the
law is not applicable to decisions of DOLE, since it applies only to courts of record. clerk of court.
DOLE and NLRC are non-litigous and summary in nature w/o regard to legal
technicalities.
4blue95:the 30 days is used if the records from the lower court is also being included
in the appeal (aka RECORD on APPEAL)
What is a CONDITIONAL judgment? A conditional judgment is one which h is
subject to the performance of a condition precedent and is not final until the
2022 notes: An incomplete judgment is one that does not dispose of all issues of a
condition is performed.(Jaucianvs.Querol,38Phil.707) case validly raised. It is not final until it is completed. Ex: A judgment of foreclosure
Is one wherein the effectivity of which depends upon the occurrence or non-occurrence of mortgage that does not state how much is the obligation.
of an event.

Is a conditional judgment valid? 2022 notes: If judgment is void ,no rights are vested/obtained which neither builds
It is not valid. In truth, such judgment contains no disposition at all and is a mere nor bars anyone and under which all acts are performed and all claims flowing out
anticipated statement of what the court shall do in the future when a particular event are void
should happen. For this reason,as a general rule, judgments of such kind, conditioned
upon a contingency, are held to be NULL and VOID. (Cu Unjieng y Hijos
vs.MabalacatSugarCo.,70Phil.380)
 9

DIRECT ATTACK OF JUDGMENT

AFFIDAVIT OF MERIT
One which recites the nature and character of FAME on which the motion for new trial is
MOTION FOR NEW TRIAL OR RECONSIDERATION (RULE 37 & 52) based. It must state the movant’s good and substantial cause of action or defense and the
evidence he/she intends to present if the motion is granted which evidence should be such
as to warrant reasonable belief that the result of the case would probably be otherwise.
Order denying motion for new trial (Nuguid & Nuguid v. Cariño, G.R. No. L-12379, 1958).
The allegations contained in an affidavit of merit required to be attached to a motion for a
new trial need not be embodied in a separate document but may be incorporated in the
petition itself. (Capuz vs. CA, G.R. No. 112795, 1994)

Second motion for new trial based on 2022 notes: The absence of affidavit of merits shall make the motion a mere pro forma.
grounds not existing or available
when 1st motion was filed

(BAR) A decision was rendered. A motion for new trial was granted. A new judgment
was rendered. What is the effect of the rendition of such new judgment?
Appeal from the judgment or final HELD: Period of appeal shall commence to run again from service of the new judgment.
order and assign as one of the errors This is true even if the new judgment merely restated the old one.
the denial of the motion for new trial
(BAR) Xfiled a complaint against Y. Judgment was rendered against Y, who filed a
4blue95: an order denying a motion for new trial is not appeallable. The aggrieved party motion for new trial which was granted . On certiorari to the CA, the latter granted the
has a ―FRESH PERIOD‖ within which to file his appeal (Neypes v CA, September petition and set aside the order of the lower court granting the new trial . The CA
14,2005) rendered the judgment .
HELD: The new decision had the effect of re-promulgating the lower court’s decision.
2022 notes: Effect of MR/MNT is it suspends or tolls the running of the Defendant has another 15 days to appeal from the original decision from reinstatement of
reglementary period to appeal the same.

PRO FORMA MOTION

A pro forma motion is a motion that does NOT comply with Rule 37, i.e., that the
PRO FORMA motion DID NOT:

a. Point out specifically the findings or conclusions of the judgment as

are contrary to law;
Motion for new trial shall be in writing, and supported by affidavits of merit if the
ground is FAME; b. Fails to make express reference to the testimonial or documentary
evidence or to the provisions of law alleged to be contrary to such
for NEWLY-DISCOVERED EVIDENCE, it must be supported by affidavits of findings or conclusions;
witnesses by whom such evidence is expected to be given, or by duly authenticated
documents to be introduced. c. Merely intended to delay the proceedings; or

1. Evidencemustbediscoveredaftertrial. d. There is no affidavit of merit. (Marikina Valley Development Corp.

2. Suchevidencecouldnothavebeenproducedduringtrialeven v. Flojo, G.R. No. 110801, 1995).
with exerciseofreasonablediligence
3. Evidenceismaterialnotmerelycollateral,cumulative,corr A pro forma motion will NOT STAY OR SUSPEND the reglementary period.
oborative orimpeaching
4. Theevidencewouldhavechangetheresultofthecase[Ybierna A motion for reconsideration is NOT pro forma just because it reiterated the arguments
svs.Tanco-Gobaldon,June1,2011]. earlier passed upon and rejected by the appellate court. This is because a movant may
raise the same arguments precisely to convince the court that its ruling was erroneous.
These standards, also known as the"Berry"rule,trace their (Security Bank v. Cuenca, GR No. 151914, 2002)
origin 1851case of Berry vs. State of Georgia.
Moreover, the rule (that a motion is pro forma if it only repeats the arguments in the
Newly discovered evidence need not be newly created previous pleadings) will NOT apply if said arguments were not squarely passed upon and
evidence.It may and does commonly refer to evidence answered in the decision sought to be reconsidered. (Ong Yong v. Tiu, GR No. 144476,
already in existenceprior or during trial but which could not 2003)
have been secured andpresented during the trial despite
reasonable diligence on the partofthelitigant. (Tumangvs. Where the circumstances of a case do not show an intent on the part of the pleader to
CAGRNo.82346-47, April 17, 1989). merely delay the proceedings, and his motion reveals a bona fide effort to present
additional matters or to reiterate his arguments in a different light, the courts should be
slow to declare the same outright as pro forma. (Philippine National Bank v. Paneda,
G.R. No. 149236, 2007)
2022 notes: Motion for new trial may be filed w/in the period for perfecting an appeal,
hence be filed before finality of judgment.
2022 notes: Motion for reconsideration shall specifically point out the findings or
conclusions of the judgment which are unsupported by evidence or contrary to law, with
express reference to the testimonial or documentary evidence or the provisions of law
alleged to be contrary to such findings
 10

MOTION FOR NEW TRIAL: (RULE 53)

Court renders decision
EFFECT OF GRANTING OF A MOTION FOR NEW TRIAL:

The original judgment shall be vacated, and the action shall stand for trial de
novo; but the recorded evidence taken upon the former trial so far as the Losing party Filing appeal
same is material and competent to establish the issues, shall be used at the w/in 15/30 days
new trial without retaking the same (sec6) from notice of
Motion for new trial shall be resolve within 30 days from the time it is
judgment
submitted for resolution (sec4) Accepts decision
without further
Motion shall include all grounds then available or those available at time of contest
filing of the same. If party does not allege all grounds for new trial available Within 15/30 days
at time of filing, it shall be deemed waived (sec5) from notice of
judgment: avail of
2022 notes: If motion for new trial does not served upon the adverse party with Motion for
notice, then , it cannot be acted upon by the court (Manila Surety v Fidelity)
reconsideration or
2022 notes: Filing and service of a motion for new trial shall suspend the period of motion for new trial
appeal if the motion is subsequently denied, for as long as it was duly served and
there was notice.

2022 notes: Motion for new trial may be filed before the SC provided that it is
filed before the judgment becomes executory.
Court maintains
decision

(BAR)Regional Trial court rendered a judgment for the plaintiff Mr. Santos and
against defendant Mr. Carandang. Defendant received the decision on July
15,1988 . On July 25,1988 defendant filed a motion for extension of time for 10
days from July 30,1988,w/in w/c to file a motion for reconsideration. The court Court grants
failed to act on the motion for extension but defendant filed on Aug 5,1988 his motion, thereby
motion for reconsideration w/in the 10 day extension pd prayed. Plaintiff on Aug it either modifies
15,filed a motion for the issuance of a Writ of Execution alleging that the decision or
judgment had already become final and executory. Rule on motion.
HELD: Motion for execution is granted. A motion for extension of time w/in grants new trial
which to file a motion for reconsideration is not allowed, except in the Supreme If no appeal is
Court. taken or did not
avail of
(BAR)In a case falling w/in the original exclusive jurisdiction of the municipal remedies,
court, judgment was rendered in favor of plaintiff A and pursuant to the
provisions of RA 6031, said decision was appealed by defendant B to the RTC judgment Losing party may appeal
w/c thereafter reversed the decision of the municipal court and dismissed A’s becomes final within a FRESH PERIOD of
complaint. Is there any remedy in law still available to A w/c may allow him to and executory 15 DAYS
challenge the decision of the RTC? Yes, A may file a petition for review w/ the
CA w/in the reglementary period (read the grounds for new trial)

Forgotten evidence is not a ground for new trial (Pp v Ducay)

A party shall have a FRESH PERIOD of 15 days to file a notice of appeal to

the RTC from receipt of the order denying a motion for new trial or motion
for reconsideration. (Neypes v. CA, G.R. No. 141524, 2005)

This rule shall apply to Rules 40, 41, 42, 43 and 45 and in criminal cases
under Section 6 of Rule 122 of the Revised Rules of Criminal Procedure. (Yu
vs. Tatad, G.R. No. 170979, 2011)

4BLUE95 Note:

1. Rule 40 – Appeals from MTC to RTC

2. Rule 41 – Appeals from RTC to CA from decisions rendered by the RTC in the
exercise of its original jurisdiction

3. Rule 42 – Petitions for review from RTC to CA from decisions of the RTC in
the exercise of its appellate jurisdiction

4. Rule 43 – Appeals from Quasi-Judicial Agencies to CA

5. Rule 45 – Appeals by petition for review on certiorari to SC

PARTIAL NEW TRIAL:

If grounds for a motion for new trial appear to the court to affect the issues only as
to a part, or less than all of the matters in controversy, or only one ,or less than all,
of the parties to it, the court may order a new trial as to such issues if severable
w/o interfering w/ the judgment upon the rest(sec7)

Effect:When less than all of the issues are ordered retried, the court may either
enter a final judgment as to the rest or stay the entry of final judgment until after
the new trial (sec8)
 11

MOTION FOR NEW TRIAL IN THE COURT OF APPEALS .

DIFFERENT FORMS OF ATTACKING A JUDGMENT
Rule 53 (Motion for New Trial in the Court of Appeals) has its own rules:

1. It may be filed anytime after an appeal has been perfected and before the Court
of Appeals loses jurisdiction over the case; A. COLLATERAL ATTACK
Made when there is another action to obtain a different relief. An attack on judgment
2. The only ground is newly discovered evidence. (Sec. 1, Rule 53). made as an incident in said action when the judgment on its face is null and void as where
it is patent that the court which rendered said judgment has no jurisdiction.

B. DIRECT ATTACK
MOTION FOR NEW TRIAL IN THE SUPREME COURT
Attack of a judgment in an action or proceeding to annul judgment, this being the main
objective
As a general rule, the judgment of the Court of Appeals is conclusive as to the
facts, and cannot be reviewed by the Supreme Court Accordingly, in an appeal by
certiorari to the Supreme Court, as the latter has no jurisdiction to entertain a Examples:
motion for new trial on the ground of newly-discovered evidence, for only
questions of fact are involved therein. Nonetheless, the rule now appears to have i. Before Finality:
been relaxed, if not abandoned, in subsequent cases, as the Court, opting to brush
aside technicalities, granted new trials to the convicted accused concerned on the -Motion for new trial or reconsideration (37)
basis of proposed testimonies or affidavits of persons which the Court considered If motion for reconsideration is denied, party should appeal since 2 nd motion for recon is
as newly discovered and probably sufficient evidence to reverse the judgment of prohibited.
conviction. (Cuenca v. Court of Appeals, G.R. No. 109870, 1995)
-Appeal
Reckoning pt is not from rendition but from notice of judgment
If an accused has been the victim of an unfair and partial trial, the Supreme Court
will not hesitate to order a new trial in the interest of justice. (Martinez v.
Gironella, G.R. No. L-37635, Jul. 22, 1975)

ii. After Finality:

MOTIONS FOR EXTENSION OF TIME
-Petition for relief from judgment (38)
Motions for extension of time to file a motion for reconsideration may be filed Must be filed within 60 days after petitioner learns of the judgment and not more than 6
only in connection with cases pending before the SUPREME COURT, which months from entry of judgment or proceeding taken
may in its sound discretion either grant or deny the extension requested.
(Habaluyas Enterprises v Japson, GR No. 70895, 1986; see also Sec. 2, Rule 40; -Annulment of Judgment (47)
Filed within 4 yrs from discovery of EXTRINSIC fraud, lack of jurisdiction, denial of
Sec. 3, Rule 41) The Habaluyas ruling applies even if the motion is filed before
due process or before the right to question jurisdiction is barred by laches or estoppel
the expiration of the reglementary period. (Fernandez v. CA, GR No. 131094,
2005) -Certiorari (65)
Filed within 60 days from notice of the judgment ,order or resolution sought to be
assailed. Whenever there is grave abuse of discretion or that the judgment is void upon its
face
MOTION FOR NEW TRIAL MOTION FOR REOPENING OF
THE TRIAL -Quo Warranto (66)
File within 1 year from usurpation
Specifically mentioned in the rules Not mentioned in the Rules but is
nevertheless a recognized procedural
recourse or device deriving validity
and acceptance from long established
usage
4blue95: it is actually mentioned in the
Rules of CrimPro (RULE 119 sec24)
Proper only after promulgation of May properly be presented only after DIRECT ATTACK VS. COLLATERAL ATTACK
judgment either or both the parties have formally
offered and closed their evidence A DIRECT ATTACK against a judgment is made through an action or proceeding
before judgment. the main object of which is to annul set aside, or enjoin the enforcement of such
Based upon specific grounds set forth Controlled by no other rule that the judgment, if not yet carried into effect; or, if the property has been disposed of, the
paramount interest of justice ,resting aggrieved party may sue for recovery.
entirely on the sound discretion of a
trial court, the exercise of which A COLLATERAL ATTACK is made when, in another action to obtain a different
discretion will not be reviewed on relief, an attack on the judgment is made as an incident in said action. This is
appeal unless a clear abuse thereof is proper only when the judgment, on its face, is null and void, as where it is patent
shown. that the court which rendered said judgment has no jurisdiction. (Co vs. CA, G.R.
No. 93687, 1991)

4BLUE95 Note: In the case of Sps. Benatiro, the CFI (RTC)'s order being null and
4blue95:For fraud to be extrinsic, the losing party must never have had a chance to
void, it may be assailed anytime, collaterally or in a direct action or by resisting
controvert the adverse party’s evidence.
such judgment or final order in any action or proceeding whenever it is invoked,
unless barred by laches. Consequently, the compromise agreement and the Order
approving it must be declared null and void and set aside. (Sps. Benatiro vs. Heirs
4BLUE95: MNT & MR SHOULD BE FILED WITH THE COURT WHICH RENDERED THE of Cuyos, G.R. No. 161220, 2008)
JUDGMENT OR FINAL ORDER QUESTIONED OR SOUGHT TO BE RECONSIDERED.

4BLUE95: The purpose of a motion for reconsideration is for the moving

party to point to purported errors in the assailed judgment or final order
which that party views as unsupported by law or evidence. It grants an
opportunity for the court to correct any actual or perceived error attributed
to it by reexamination of the legal and factual circumstances of the case.
(Gotesco Properties, Inc. v. International Exchange Bank, G.R. No. 212262,
2020)
 12

RULE 38 (BAR) RELIEF FROM JUDGMENTS, ORDERS, OR OTHER PROCEEDINGS TWO HEARINGS UNDER RULE 38

1. Hearing to determine whether the judgment should be set aside and

This is available only when a judgment or order is final (Pan Asiatic v CA) 2. If in the affirmative , then , another hearing on the merits of the case.

--if not final , the remedy is motion for reconsideration or new trial.
--suppose there was erroneous interpretation of rules w/o FAME, the
remedy is mandamus Where the denial of an appeal is set aside, the lower court shall be required to give due
--NOT ALLOWED in Summary Proceedings and Small Claims cases,nor course to the appeal and to elevate the record of the appealed case as if a timely and
is it available in CA & SC. proper appeal had been made(sec7).

4blue95: the two periods fixed by Rule 38 for the filing of a petition are not extendible
RULE 37 (MNT/MR) RULE 38 and are never interrupted.
Available BEFORE judgment becomes Available AFTER judgment becomes 4blue95:a party who has filed a timely motion for new trial and/or reconsideration cannot
final and executory final and executory file a petition for relief after his motion has been denied. These remedies are exclusive of
each other. It is only in appropriate cases where a party aggrieved by the judgment has
Applies to judgments or final order only Applies to judgments, final orders and
not been able to file a motion for new trial and/or reconsideration that a petition for relief
other proceedings like land proceedings,
can be filed.
special proceedings and order of
execution
2022 Note: A motion to dismiss the petition for relief may be filed on the ground of
GROUNDS: FAME and Newly A Petition for Relief may be filed when lack of jurisdiction, when the latter is filed beyond the reglementary period. (Pacific
discovered evidence through fraud, accident, mistake, or Importing v. Tinio, G.R. No. L2634, 1949)
excusable negligence (FAME):
If declared in default, the remedy of part after finality aside from petition for relief
a. A judgment or final order is entered or new trial is that the party may move for annulment of judgment under Rule 47
into, or any other proceeding is thereafter for extrinsic fraud or lack of jurisdiction.
taken against the petitioner; or
b. When the petitioner has been prevented
from taking an appeal. PROCEEDINGS AFTER THE ANSWER IS FILED

It is availed within time to appeal It is availed within 60 days from After the filing of the answer or the expiration of the period to file the answer, the court
knowledge of the judgment and within 6 shall hear the petition.
months from entry of judgment
Thereafter, the court may either:
Both periods are NOT extendible and
never interrupted. These two periods must a. Dismiss the petition if it finds that the allegations thereof are not true; or
CONCUR. (Quelnan v. VHF Philippines,
G.R. No. 138500, 2005) b. Set aside the judgment or final order or other proceeding if it finds the allegations to be
If denied, order of denial is not appealable If denied, the order denying a petition for true. The case shall then stand as if such judgment, final order or other proceeding had
,hence, remedy is appeal from the relief is not appealable,the remedy is never been rendered, issued, or taken. The court shall hear and determine the case as if a
judgment appropriate civil action under Rule 65. timely motion for a new trial or reconsideration had been granted by it. (Sec. 6, Rule 38)

Legal remedy Equitable remedy IMPORTANT: An order GRANTING the petition for relief is interlocutory hence not
immediately appealable. (Sec. 1(b), Rule 41).
Motion need not be verified Petition must be verified
An order DENYING the petition for relief is now subject only to certiorari under Rule
65. (Id.). Procedure Where the Denial of an Appeal is Set Aside The lower court shall be
required to give due course to the appeal and to elevate the record of the appealed case as
WHO MAY FILE if a timely and proper appeal had been made. (Sec. 7, Rule 38)

A motion for new trial or reconsideration and a petition for relief from judgment are
remedies available only to parties in the proceedings where the assailed judgment is (BAR)A decision of the RTC adverse to Delia was received by her counsel on Jan
rendered. In fact, it has been held that a person who was never a party to the case, or even 13,1994. As Delia was leaving for Canada she forthwith instructed her counsel to appeal
summoned to appear therein, cannot avail of a petition for relief from judgment. (Alaban because she was prevented from fully presenting her case in court through fraudulent acts
v. Court of Appeals, G.R. No. 156021, Sep,23, 2005) of the prevailing party. When she returned abroad on Aug 1,1994, she discovered that
her case was not appealed as her counsel had died a day after she left. Moreover, the
2022 NOTES. Petition for relief cannot be availed of when the party availing thereof is other party has filed a motion for issuance or a writ of execution which remains pending
not a party / was not impleaded in the lower court. in court. As new counsel, what course will you pursue?
I would file a petition for relief under Rule 38 on the ground that my client’s failure to
appeal on time was due to the death of her lawyer one day after she left for Canada (
BAR. P filed a case against D. D filed an answer. P bribed the court staff to send a look also on Rule 47).
fake notice of dismissal to D. D thus no longer appeared. The court proceeded to Or I would file an action for annulment of the judgment with the CA on ground of
render judgment in favor of P which became final and executory. D learned of the extrinsic collateral fraud since my client was prevented from fully presenting her case in
judgment only after 1 year from its entry. Does D still have a remedy? court through fraudulent acts of the prevailing party (Sec 9,BP129—2005 notes)
Yes D can still file an action to annul the judgment under R47 on the ground of
extrinsic fraud. He should file the action within 4 years from his discovery of the
fraud. D may still avail R47 since the remedy of new trial or petition for relief was
no longer available through no fault of his. ORDER TO FILE ANSWER

Is a petition for relief under Rule 38 available against a judgment of the CA? If the petition is sufficient in form and substance to justify relief, the court in which it is
No. Any court in S1 and 2 R38 does not include the CA but refers only to the trial filed, shall issue an order requiring the adverse parties to answer the same within fifteen
courts (15) days thereof. The order shall be served in such manner as the court may direct,
together with copies of the petition and the accompanying affidavits. (Sec. 4, Rule 38)
Within what time should a petition for relief be answered?
Note: If the petition is insufficient, as for example, no affidavit of merit is attached, the
Within 15 days from receipt of the court order requiring the adverse parties to court may dismiss the petition outright. (Omandam v. Director of Lands, G.R. No. L-
answer the petition. The court issues the order if it finds that the petition is 4301, 1954)
sufficient in form and substance to justify relief.
Failure to file answer does not warrant declaration of default.

WHERE TO FILE; PRAYER

PRELIMINARY INJUNCTION PENDING PROCEEDINGS
a. When the petition involves a relief from a judgment, order, or proceeding – the
Because a final and executory judgment is the subject of a petition for relief, the
petitioner shall pray that the judgment, order, or proceeding be set aside;
judgment may be subject to execution. A person who files a petition under Rule 38 may
file a preliminary injunction to preserve the rights of the parties upon filing of a bond.
b. When the petition involves a relief from being prevented from taking an appeal – the
The bond is conditioned upon the payment to the adverse party of all damages and costs
petitioner shall pray that the appeal be given due course. (RIANO, 2019, p. 633).
that may be awarded to such adverse party by reason of the issuance of the preliminary
injunction.
In both cases, the petition shall be filed in the same court and in the same case.
(Redena v. CA, G.R. No. 146611, 2007)
 13

ANNULMENT OF JUDGMENT (RULE 47) :

an action for annulment of judgment may be availed of even if the judgment to be

annulled had already been fully executed or implemented. (Bulawan v. Aquende, Action by the Court
G.R. No. 182819, 2011; Diona v. Balangue, G.R. No. 173559, 2013)
The court may:
This Rule shall govern the annulment by the Court of Appeals of judgments or
final orders and resolutions in civil actions of Regional Trial Courts for which the a. Dismiss the petition outright, if it finds no substantial merit in the petition,
ordinary remedies of new trial, appeal, petition for relief or other appropriate with specific reasons for such dismissal; or
remedies are no longer available through no fault of the petitioner. (Sec. 1, Rule
47) b. Give due course if the court finds prima facie merit in the petition, in
This Rule also covers actions to annul a judgment or final order of a Municipal which case summons shall be served on the respondent. (Rule 47, Sec. 5)
Trial Court which shall be filed in the Regional Trial Court having jurisdiction
over the former. It shall be treated as an ordinary civil action and Sections 2, 3, 4,
7, 8 and 9 of this Rule shall be applicable thereto. (Sec. 10, Rule 47)

The purpose is to set aside a final and executory judgment, so that there would be
a renewal of litigation. This remedy is NOT available to decisions of quasi-judicial Effects Of Judgment Of Annulment
bodies. Rule 47 limits its application to REGIONAL TRIAL COURTS AND
MUNICIPAL TRIAL courts. A judgment of annulment shall set aside the questioned judgment or final order or
resolution and render the same null and void, without prejudice to the original
action being re-filed in the proper court.

However, where the judgment or final order or resolution is set aside on the
ground of extrinsic fraud, the court may, on motion, order the trial court to try the
case as if a timely motion for new trial had been granted therein. (Rule 47, Sec. 7)

Suspension of Prescriptive Period

The prescriptive period for the re-filing of the aforesaid original action shall be
deemed suspended from the filing of such original action until the finality of the
judgment of annulment.
However, the prescriptive period shall not be suspended where the extrinsic fraud
is attributable to the plaintiff in the original action. (Sec. 8, Rule 47)

Relief available

The judgment of annulment may include: a. Award of damages; b. Attorney’s

fees; and c. Other relief. (Sec. 9, Rule 47)

If the questioned judgment or final order or resolution had already been executed,
the court may issue:
a. Orders of restitution or
Period To File Action b. Other relief as justice and equity may warrant under the circumstances.
Annulment of Judgments or Final Orders of MTC.
a. If based on EXTRINSIC FRAUD – the action must be filed within four (4)
years from its discovery

availability of MR/MNT/Petition for relief will be a bar to Rule 47

b. If based on LACK OF JURISDICTION – the action DOES NOT PRESCRIBE

since the judgment is void. But note that laches or estoppel can set in as an
equitable bar to the action (Sec. 3, Rule 47)
Remedies from Rule 47
availability of an MR/MNT/Petition for relief will not be a bar to a
Rule 47 a. If petition is denied – file a Rule 45 petition to SC (if questions of law are
involved);
c. If based on DENIAL OF DUE PROCESS – the action DOES NOT
PRESCRIBE. Lack of due process renders the judgment void. An action to declare b. If question of fact – no remedy left;
the nullity of a void judgment does not prescribe
c. If petition was merely given due course (i.e., it is only interlocutory) – file a
Rule 65 petition to the SC

Where Filed

CA – over decisions of the RTC; or

A petition for annulment of judgment filed in the Court of Appeals

shall observe the procedure in ordinary civil actions. Should a trial
be necessary, the reception of the evidence may be referred to a
member of the Court or a Regional Trial Court judge.

RTC – over decisions of the MTC (Sec. 1 and 10, Rule 47)
 14

PROCEEDINGS WHERE PROPERTY IS CLAIMED BY THIRD Effect of Terceria

PERSONS; IN RELATION TO THIRD PARTY CLAIM IN
ATTACHMENT AND REPLEVIN The officer shall not be bound to keep the property, UNLESS the judgment
obligee, on demand the officer files an INDEMNITY BOND approved by the
Who May File Third Party-Claims court to indemnify the third party claimant in a sum not less than the value of the
Any other person other than the judgment obligor or his agent, i.e., the third- property levied on.
part claimant. (Sec. 16, Rule 39) In case of disagreement as to the value of the property, the court issuing the writ
shall determine the same.
The officer shall not be liable for damages to any third-party claimant if such bond
is filed by the judgment obligee for the taking or keeping of the property.

Remedies of a Third-Party Claimant Under Sec. 16, Rule 39 Nothing herein contained shall prevent such claimant or any third person from
vindicating his claim to the property in a SEPARATE action.
Based on this section, a third-party claimant has the following cumulative
remedies: However, the judgment obligee can claim damages against a third-party claimant
who filed a frivolous or plainly spurious claim, and such judgment obligee can
a. He may avail of ―terceria‖ by serving on the levying officer an affidavit of his institute proceedings therefor in the SAME or SEPARATE action.
title or right of possession over the levied property, and serving also a copy to the
judgment creditor; When the writ of attachment is issued in favor of the Republic of the Philippines,
or any officer duly representing it, the filing of such bond shall NOT be required,
Note: Terceria is a remedy available to a third person other than the and in case the sheriff is sued for damages as a result of the attachment, he shall be
judgment obligor or his agent who claims a property levied on. represented by the Solicitor General, and if held liable therefor, the actual damages
(Fermin v. Esteves, G.R. No. 147977, 2008) adjudged by the court shall be paid by the National Treasurer out of the funds to
be appropriated for the purpose. (Sec. 16, Rule 39)
b. He may file a case for damages against the bond issued by the judgment debtor
within 120 days from the date of the filing of the bond;

Note: By availing of terceria, the officer served with the affidavit of ATTACHMENT (RULE 57)
the third-party claimant shall not be bound to keep the property
claimed, unless the judgment creditor files an indemnity bond. It is To keep the property in the possession of the sheriff, the ATTACHING PARTY or
such bond which the third-party claimant can enforce against. It shall his AGENT, on demand of the sheriff, shall file a BOND approved by the court to
be in a sum not less than the value of the levied property. (Sec. 16, indemnify the third-party claimant in a sum not less than the value of the property
Rule 39). levied upon. (Sec. 14, Rule 57)

c. He may file "any proper action" to vindicate his claim to the property. (Id.) Remedy: Nothing shall prevent a claimant or any third person from vindicating his
claim to the property, or prevent the attaching party from claiming damages
Note: A "proper action" is entirely distinct and separate from that in against a third-party claimant who filed a frivolous or plainly spurious claim, in
which the judgment is being enforced, filed with the court of the SAME or a SEPARATE action.
competent jurisdiction. Such a "proper action" may have for its
object the recovery of ownership or possession of the property
seized by the sheriff, as well as damages from the allegedly
wrongful seizure and detention of the property.
Replevin

The availment of the remedy of terceria is not a condition sine qua non to the
filing of a "proper action." An independent action may be resorted to even before To keep the property in the possession of the sheriff or to have the latter deliver
or without need of filing a claim in the court which issued the writ. (Naguit v. the property to the applicant, the APPLICANT or his AGENT, on demand of said
Court of Appeals, G.R. No. 137675, 2000) sheriff, shall file a bond approved by the court to indemnify the third-party
claimant in a sum not less than double the value of the property as stated in the
A terceria may be filed at any time, so as long as the sheriff has the possession of applicant’s affidavit. (Sec. 7, Rule 60)
the property levied upon, or before the property is sold under execution.
Remedy: Nothing shall prevent claimant or any 3 rd person from vindicating his
claim to the property, or prevent the applicant from claiming damages against a 3
rd -party claimant who filed a frivolous or plainly spurious claim, in the SAME or
a SEPARATE action

Procedure in Making a Terceria Third (3rd) Party Claimant should:

1. Make an affidavit of his/her title thereto, or right of possession thereof, stating There are three (3) important stages in a civil action.
the grounds of such right or title; and

2. Serve such affidavit upon the sheriff and a copy thereof upon the judgment First stage: Issue Formulation Stage
obligee.
It is the stage in which we are trying to find out what are the issues
we are quarreling about. This is the stage of formulation of issues.
After the last pleading is filed, we go to pre-trial where we will
discuss the simplification of issues, advisability of amending the
pleadings, etc. Therefore, during pre-trial we are still formulating
In Relation to Third-Party Claim in Attachment and Replevin issues to be tackled.

Proceedings where property is claimed by a third person are the same as to a

judgment obligee (final and executory judgments), an attaching party Second stage: Stage of Proof ( Rule30 on Trial) It is called the stage of proof.
(attachment), and an applicant praying for recovery of possession of personal
property (replevin), EXCEPT that the amount of the INDEMNITY BOND they
file differs. Third stage: Judgment Stage(Rule36)

This is the stage where the court will now decide and render judgment.