A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    

RULE 30: TRIAL Section 1. Notice of Trial.

- Upon entry of a case in the trial calendar: ü Clerk shall notify the parties of the date of its trial at

least 5 days before

v Trial is the judicial process of investigating and determining the legal controversies.

v It starts with the production of evidence by the plaintiff and ends w/ his closing arguments.

v Trial is an examination before a competent tribunal of the facts or law put in issue.

v General Rule: when an issue exists = TRIAL is NECESSARY. Decision CANT be made w/o trial.

o EXCEPTIONS: civil cases may be adjudicated w/o trial when:

o Judgment by default if the court doesn't require claimant to submit evidence

o Judgment on the pleading (Rule 34) o Summary Judgment (Rule 35) o Judgment on compromise o Judgment by confession o Dismissal with prejudice (Rule 17) o Judgment under the Rule on Summary Procedure o Stipulation of fact

Trial Hearing - reception of evidence and other processes = the period for the introduction of evidence by both parties.

- Embraces several stages in litigation. - Not confined to trial and presentation of evidence. - Includes pre-trial and the determination of granting or denying a motion. - Does not imply presentation of evidence in open court but the parties are afforded opportunity to be heard.

Section 2. Adjournments and postponements. - A court may adjourn a trial from day to day, and to any stated

time, as the expeditious and convenient transaction of business may require.

- Court has no power to adjourn trial for: - More than 1 month for each adjournment - More than 3 months in all, - Except when authorized in writing by the Court Administrator,

Supreme Court Section 3. Requisites of motion to postpone trial for absence of evidence.

- A motion to postpone a trial on the ground of absence of evidence can be granted only upon:

o Stating the ground relied upon. o Affidavit showing the materiality or relevancy of

such evidence, and that due diligence has been used to procure it.

o But if the adverse party admits the facts to be given in evidence, even if he objects or reserves the right to object to their admissibility, the trial shall not be postponed.

Ø Note: this section DOESN'T apply to criminal cases =

postponement in crim cases is governed by Rule 119, Sec. 2.

Section 4. Requisites of motion to postpone trial for illness of party or counsel.

- A motion to postpone a trial on the ground of illness of a party or counsel may be granted if:

a. It appears upon affidavit or sworn certification that:

§ The presence of such party or counsel at the trial is indispensable and

§ That the character of his illness is such as to render his non-attendance excusable.

Ø Postponements are addressed to the sound discretion of the court in the absence of GADALEJ.

o It CANNOT be controlled by MANDAMUS v Mere medical certificate is not sufficient; it must be under oath and

in the form of an affidavit. o Such requirement may be dispensed w/ in the interest of

justice. Section 5. Order of trial.

- Subject to the provisions of section 2 of Rule 31, and unless the court for special reasons otherwise directs, the trial shall be limited to the issues stated in the pre-trial order and shall proceed as follows:

a) The plaintiff shall adduce evidence in support of his complaint; b) The defendant shall then adduce evidence in support of his

defense, counterclaim, cross-claim and third-party complaints; c) The third-party defendant if any, shall adduce evidence of his

defense, counterclaim, cross-claim and fourth-party complaint; d) The fourth-party, and so forth, if any, shall adduce evidence of

the material facts pleaded by them; e) The parties against whom any counterclaim or cross-claim has

been pleaded, shall adduce evidence in support of their defense, in the order to be prescribed by the court;

f) The parties may then respectively adduce rebutting evidence only, unless the court, for good reasons and in the furtherance of justice, permits them to adduce evidence upon their original case; and

g) Upon admission of the evidence, the case shall be deemed submitted for decision, unless the court directs the parties to argue or to submit their respective memoranda or any further pleadings.

h) If several defendants or third-party defendants, and so forth, having separate defenses appear by different counsel, the court shall determine the relative order of presentation of their evidence.

Ø Trial is required only if there are triable issues. If there

are no triable issues, the court will RENDER JUDGMENT.

Ø The trial shall be limited to the issues stated in the pre-trial order

v Subject to Rule 31, Sec 2 and other special reasons. o For purposes of fixing the date of submission of the case

for decision vis-à-vis the constitutional period for deciding the same = paragraph G declares that it shall be upon the admission of evidence of the parties.

v However, if trial court allows oral argument or submission of memoranda, the period shall be extended after such proceedings have be conducted or after the memoranda is submitted.

o Why? Because there is a possibility that memoranda is not simultaneously received, the court should specify in advance or declare after actual submission of memoranda the date when the case is deemed submitted for decision.

v Order of trial provided in sec 5 applies to regularly controverted claim.

o Hence if in the answer, defendant’s obligation is admitted but he invokes a special defense = plaintiff doesn't have to present evidence since judicial admission doesn't require proof. It is the defendant who needs to present evidence for his special defense.

v Additional evidence may be offered in rebuttal stage (subject to discretion of court) if it is:

o Newly discovered o Omitted through mistake/inadvertence o Purpose is to correct evidence previously offered

v Evidence offered in rebuttal is not automatically excluded just because it would be more properly admitted in the case in chief.

o The fact that the testimony might have been useful in the case in chief DOESNT necessarily preclude its use in the rebuttal.

Section 6. Agreed statement of facts

- The parties to any action may agree, in writing, upon the facts involved in the litigation, and submit the case for judgment on the facts agreed upon, without the introduction of evidence.

- If the parties agree only on some of the facts in issue, the trial shall be held as to the disputed facts in such order as the court shall prescribe.

A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    v Known as stipulation of fact as is among the purposes of a pre-

trial in civil cases. v The parties may stipulate verbally in open court. v Such stipulation is binding unless relief is permitted by the court

on good cause (ex. error or fraud). v Counsel CANNOT stipulate on what their respective evidence

consists of and that judgment be rendered on the basis of such stipulation.

v Stipulation of facts are not permitted in o Annulment of marriage o Legal separation

Section 7. Statement of judge - During the hearing or trial of a case any statement made by

the judge with reference to the case, or to any of the parties, witnesses or counsel, shall be made of record in the stenographic notes.

Section 8. Suspension of actions

- The suspension of actions shall be governed by the provisions of the Civil Code.

v ART 2030 provides that civil action or proceeding shall be

suspended if: o One or both parties are willing to discuss possible

compromise o One of the parties offered for compromise BEFORE the

commencement of the action or proceeding but other party refused such offer.

v Duration of the terms of suspension of the civil action/proceeding shall be governed by the rules of court. Said Rules shall provide for appointment and duties of amicable compounders.

Section 9. Judge to receive evidence; delegation to clerk of court

- The judge of the court where the case is pending shall personally receive the evidence to be adduced by the parties.

- Court may delegate the reception of evidence to its clerk of court who is a member of the bar: o In case of default o Ex parte hearings, o In any case where the parties agree in writing,

- The clerk of court shall have no power to rule on objections to any question or to the admission of exhibits,

- Objections shall be resolved by the court upon submission of clerk’s report and the transcripts within 10 days from termination of the hearing.

v When defendant is declared in default, the trial judge himself

should take down the evidence. v Judgment based on evidence received by deputy clerk of court as

commissioner is VALID when: o Not impaired by extrinsic fraud or lack of due process o Judgment debtors mate partial payment o Parties had agreed to the appointment of commissioner.

v Practice of allowing clerk of court to receive evidence = to relieve judge of burdens however judge must STILL RESOLVE evidence by himself.

o Delegation to clerk to be valid = he must be member of the bar

RULE 31 CONSOLIDATION OR SEVERANCE Section 1. Consolidation

- When actions involving a common question of law or fact are pending before the court:

ü it may order a joint hearing or trial of any or all the matters in issue in the actions;

ü it may order all the actions consolidated ü and it may make such orders concerning proceedings

therein as may tend to avoid unnecessary costs or delay.

- Rationale of joint hearing/consolidation o Avoid multiplicity of suits o Guard against oppression/abuse o Prevent delay o Clear congested dockets o Simplify work of trial court o Save cost and expenses

- Consolidation seeks to attain justice with least expense and vexation to litigants

- General rule: permit consolidation whenever possible and IRRESPECTIVE of the diversity of the issues involved.

- The rule on consolidation applies only to cases pending the SAME judge and NOT to cases pending in different branches or different courts. It also applies to special proceedings

o HOWEVER: in the interest of justice, consolidation of cases in different branches of the same court or different court can be effected.

o Consolidation of cases on appeal and assigned to diff division of the SC or CA is also AUTHORIZED. § Case w/c was appealed later or w/ higher docket

numbers is consolidate with case having the lower docket number.

- Consolidation of several cases involving the SAME PARTIES and the SAME SUBJ MATTER is discretionary.

o This becomes a matter of duty: § if 2 or more cases are tied before the same judge § if filed w/ different branches of the same CFI/RTC § one of such case has not been partially tried.

- No time beyond w/c no consolidation of cases can be effected is still valid.

- 3 ways of consolidating cases: o recasting the cases already instituted, conducting only

1 hearing and rendering only 1 decision o consolidating the existing cases and holding only 1

hearing and rendering only 1 decision o hearing only the principal case and suspending the

hearing on the others until judgment has been rendered.

- Cases can be consolidated for purposes of a SINGLE APPEAL and a single decision can be rendered thereon.

- SC can order consolidation for judicial economy and convenience of the parties.

o Same parties o Same issues o File in different courts of equal jurisdiction

- Ex: vehicular collision, bus company A filed damages against bus company B in QC, then heirs of the decease filed damages for breach of contract in Cavite, SC ordered consolidation of both cases in Cavite court instead of requiring the heirs to intervene in QC.

Section 2. Separate trials

- The court for convenience or to avoid prejudice, may order a separate trial of any claim, cross-claim, counterclaim, or third-party complaint, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party complaints or issues.

v When separate trial is conducted by a court, it may render a separate judgment on each claim.

v Provision permitting separate trials presupposes that the claims involved are w/in jurisdiction of the court.

o When 1 of the claims is not w/in its jurisdiction = it should be dismissed so that it may be filed in the proper court.

A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    

RULE 32: TRIAL BY COMMISSIONER Section 1. Reference by consent.

- By written consent of both parties - The court may order any or all of the issues in a case to be

referred to a commissioner to be agreed upon by the parties or to be appointed by the court.

- As used in these Rules, the word "commissioner" includes a referee, an auditor and an examiner.

Section 2. Reference ordered on motion.

- When the parties do not consent, the court may, upon the application of either or of its own motion, direct a reference to a commissioner in the following cases:

Ø When the trial of an issue of fact requires the examination of a long account on either side,

o The commissioner may be directed to hear and report upon the whole issue or any specific question involved therein;

Ø When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect.

Ø When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of a case, or for carrying a judgment or order into effect.

v Commissioner may rule on the admissibility of evidence UNLESS

otherwise provided in the order for reference v In reception of evidence, clerk doesn’t have the power to rule on

the evidence or the objections. The objections shall be resolved by the court after the clerk submits his report.

Section 3. Order of reference; powers of the commissioner.

- When a reference is made, the clerk shall furnish the commissioner with a copy of the order of reference.

- The order may specify or limit the powers of the commissioner, and may direct him to report only upon particular issues, or to do or perform particular acts, or to receive and report evidence only and may fix the date for beginning and closing the hearings and for the filing of his report.

- Subject to other specifications and limitations stated in the order, the commissioner has and shall exercise the power to regulate the proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. o He may issue subpoenas and subpoenas duces tecum,

swear witnesses, and unless otherwise provided in the order of reference, he may rule upon the admissibility of evidence.

o The trial or hearing before him shall proceed in all respects as it would if held before the court.

- What sec 3 authorizes to be limited is the SCOPE of the

proceeding before the commissioner NOT the modality. - The order of reference may direct the commissioner to perform

different acts in and for the purposes of the proceeding, o BUT the requirement for him to hold hearing CANNOT

be dispensed with as this is the essence of due process.

- When the commissioner did NOT hold a hearing in violation of Sec 3, is ERROR for the trial court to issues an order approving the said commissioner’s report over the objection of the aggrieved party.

Section 4. Oath of commissioner.

- Before entering upon his duties the commissioner shall be sworn to a faithful and honest performance thereof.

Section 5. Proceedings before commissioner.

- Upon receipt of the order of reference and unless otherwise provided therein, the commissioner shall forthwith set a time and place for the first meeting of the parties or their counsel to be held within 10 days after the date of the order of reference and shall notify the parties or their counsel.

Section 6. Failure of parties to appear before commissioner. - If a party fails to appear at the time and place appointed, the

commissioner may: o Proceed ex parte or, o In his discretion, adjourn the proceedings to a future day,

giving notice to the absent party or his counsel of the adjournment.

- The refusal of a witness to obey a subpoena issued by the

commissioner or to give evidence before him, shall be deemed a contempt of the court which appointed the commissioner.

Section 8. Commissioner shall avoid delays.

- It is the duty of the commissioner to proceed with all reasonable diligence.

- Either party, on notice to the parties and commissioner, may apply to the court for an order requiring the commissioner to expedite the proceedings and to make his report.

Section 9. Report of commissioner.

- Upon the completion of the trial or hearing or proceeding before the commissioner, he shall file with the court his report in writing upon the matters submitted to him by the order of reference.

- When his powers are not specified or limited, he shall set forth his findings of fact and conclusions of law in his report.

- He shall attach thereto all exhibits, affidavits, depositions, papers and the transcript, if any, of the testimonial evidence presented before him.

Section 10. Notice to parties of the filing of report.

- Upon the filing of the report, the parties shall be notified by the clerk, and they shall be allowed 10 days within which to signify grounds of objections to the findings of the report, if they so desire.

- Objections to the report based upon grounds which were available to the parties during the proceedings before the commissioner, other than objections to the findings and conclusions therein, set forth, shall not be considered by the court unless they were made before the commissioner.

Section 11. Hearing upon report.

- Upon the expiration of the period of 10 days referred to in the preceding section, the report shall be set for hearing, after which the court shall issue an order adopting, modifying, or rejecting the report in whole or in part, or recommitting it with instructions, or requiring the parties to present further evidence before the commissioner or the court.

Section 12. Stipulations as to findings.

- When the parties stipulate that a commissioner's findings of fact shall be final, only questions of law shall thereafter be considered.

Section 13. Compensation of commissioner. - The court shall allow the commissioner such reasonable

compensation as the circumstances of the case warrant, to be taxed as costs against the defeated party, or apportioned, as justice requires.

- Former Rule 32 w/c provided for trial with assessors has not been reproduced in the present rules.

A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    

RULE 33: DEMURRER TO EVIDENCE Section 1. Demurrer to evidence.

- After the plaintiff has completed the presentation of his evidence o the defendant may move for dismissal on the ground that

upon the facts and the law the plaintiff has shown no right to relief.

§ If his motion is denied he shall have the right to present evidence.

§ If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence.

v Demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence.

o It is presented AFTER the plaintiff rests his case. v Differs from motion to dismiss under Rule 16 = motion to dismiss

is grounded on preliminary objections and is presented at the outset of the case (generally before responsive pleading is filed).

v It may be issued where upon the facts or law, plaintiff is unable to show right of relief.

o Where the plaintiff’s evidence together with conclusion as may be drawn therefrom doesn't warrant recovery.

v It is sustained when even after admitting every proof and indulging all conclusions in favor of the plaintiff = plaintiff still failed to make out one or more of the material elements of his case.

o That there is no evidence to support plaintiff’s allegation. o That plaintiff’s evidence if prima facie insufficient for a

recovery. v Defendants who present a demurrer to plaintiff’s evidence retains

right to present their own evidence if trial court DENIES the demurrer.

o If the trial court grants it but on appeal, appellate court disagrees and reverses the dismissal order = defendant loses the right to present his own evidence.

§ Appellate court cannot remand the case for further proceedings. Appellate court must render judgment upon the merits to discourage prolonged litigations.

v If an order of dismissal is reversed on appeal = the decision of the appellate court will only be based on the evidence of plaintiff as the defendant loses his right to have the case remanded for reception of his evidence.

v When defendant’s motion is sustained and the case is dismissed under Rule 33 = the order will be an adjudication on the merits.

o Sec 1, Rule 36 should be complied with. o Judgment should state clearly and distinctly the facts and

the law on which the judgment is based. v However, if demurrer is denied, the denial order = interlocutory

hence Sec 1, Rule 36 is not applicable. o Denial order is not controllable by certiorari absent

GADALEJ.

RULE 34: JUDGMENT ON THE PLEADINGS Section 1. Judgment on the pleadings.

- Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may; on motion of that party, direct judgment on such pleading.

- However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved.

v Judgment on the pleadings presupposes that there is no

controverted issue between the parties. v Plaintiff is also assumed to have admitted all relevant allegations

of fact of the defendant in his answer. v The judgment is therefore based exclusively upon the allegations

appearing in the pleadings of the parties and the annexes, w/o consideration of any evidence aliunde.

v In moving for judgment on the pleadings, plaintiff is not deemed to have admitted irrelevant allegations in the defendant’s answer.

v Defendant also is not deemed to have admitted allegations of damages in the complaint.

o Hence there can be no award of damages in said judgment absent PROOF.

v Judgment on the pleadings = upon motion of the claimant. o However, if at pre-trial court finds that judgment upon the

pleadings is proper, it may render such judgment motu proprio.

v Distinction bet Judgment on the pleadings vs summary judgment:

Judgment on the pleadings Summary judgment - proper when there Is no

genuine issue between the parties

- based exclusively upon the pleadings w/o introduction of evidence

- available in any action except:

o declaration of nullity of marriage

o annulment of marriage

o legal separation - subject to the 3-day notice

rule and where all material averments of the complaint are admitted such motion may even be made ex-parte

- proper even if there is an issue of damages recoverable

- based not only on the pleadings but also upon affidavits, depositions, admissions of the parties

- proper only in: o actions to recover

a debt o for unliquidated

sum of money o declaratory relief

- requires prior 10-day notice

v Judgment on the pleadings is also different from DEFAULT

JUDGMENT. In default judgment: o Genuine issues of fact/law are normally involved o Evidence must be introduced on the material allegations

(albeit ex parte) except in cases covered by rule on summary procedure.

o All cases may be subject of judgment by default except: § Nullity of marriage § Legal separation § Annulment of marriage

o Motion of default may be filed ex parte except in summary procedure wherein failure of defendant to answer will lead to the court rendering judgment motu proprio or upon motion of plaintiff.

RULE 35: SUMMARY JUDGMENTS Section 1. Summary judgment for claimant.

- A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affidavits, depositions or admissions for a summary judgment in his favor upon all or any part thereof.

Section 2. Summary judgment for defending party. - A party against whom a claim, counterclaim, or cross-claim is

asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment in his favor as to all or any part thereof.

v Not proper for:

o Annulment o Nullity of marriage o Legal separation

v Provisions of this rule was amended to allow parties to submit not only affidavits but also depositions or admissions in support of their contentions.

Section 3. Motion and proceedings thereon.

- The motion shall be served at least 10 days before the time specified for the hearing.

- The adverse party may serve opposing affidavits, depositions, or admissions at least 3 days before the hearing.

- After the hearing, the judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions, and admissions on file, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

v Summary judgment is proper only when there is no genuine issue

as to any material fact. If there is a question or controversy upon any question of fact there should be TRIAL on the merits.

A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    v In a motion of summary judgment the crucial question is whether

issues raised in the pleadings are either genuine or fictitious, as shown by the affidavits, depositions or admissions accompanying the motion.

o Genuine issue means an issue of fact w/c calls for presentation of evidence.

v Summary judgment is NOT proper where defendant presents defenses tendering factual issues w/c call for presentation of evidence.

o Ex: when defendant specifically denied material allegations in the complaint.

v There must be a motion for summary judgment and a hearing of said motions, the non-observance of w/c procedural requirements warrants the setting aside of the summary judgment.

v The test for the propriety of a motion for summary judgment is whether the pleadings/affidavits/exhibits in support of the motion are 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 the claim is clearly meritorious.

v When the motion for summary judgment is duly verified and is based on facts admitted by the adverse party (express or implied), affidavits on such matters need not be submitted.

v Under sec 3. Summary judgment may NOT be rendered on the AMOUNT of damages. Although such judgment may be entered on the issue of the RIGHT to damages.

o The court cannot impose atty’s fees in a summary judgment absent proof as the amount thereof.

v In case of doubt as to the propriety of a motion for summary judgment = the doubt shall be resolved against the moving party.

v Where all the facts are w/in judicial knowledge of the court = summary judgment may be granted as a matter of right.

Section 4. Case not fully adjudicated on motion. - If on motion under this Rule, judgment is not rendered upon

the whole case or for all the reliefs sought and a trial is necessary:

ü The court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted.

§ It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just.

ü The facts so specified shall be deemed established, and the trial shall be conducted on the controverted facts accordingly.

v While sec 4 of this rule authorizes the rendition of partial summary

judgment, such judgment is INTERLOCUTORY in nature and is NOT final and appealable.

v The appeal from the partial and appealable judgment should be taken together with the judgment of the entire case after the trial have been conducted on the material facts on w/c a substantial controversy exists.

Section 5. Form of affidavits and supporting papers.

- Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.

- Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith. (5a, R34)

Section 6. Affidavits in bad faith.

- Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of delay:

ü the court shall forthwith order the offending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur including attorney's fees, it may, after hearing further adjudge the offending party or counsel guilty of contempt.  

 v Sanctions for violations of the provisions of these actions shall be

imposed not only on the offending party but also upon his counsel.  v The contumacious conduct contemplates are in the nature of

indirect or constructive contempt = hence the same shall be punished only after hearing pursuant to Sec 3 Rule 71.  

RULE 36: JUDGMENTS, FINAL ORDERS AND ENTRY THEREOF

Section 1. Rendition of judgments and final orders.

- A judgment or final order determining the merits of the case shall be in writing personally and directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based, signed by him, and filed with the clerk of the court.

v The decision of the court is the entire document prepared and

promulgated by it, adjudicating and determining the rights of the parties to the case.

o It contains the findings of fact and law, the reasons and evidence to support such findings and the discussion of issues leading to the determination.

o The dispositive portion is what actually constituted judgment or resolution, which can be the subject of execution.

v Where there is conflict between the dispositive portion of the decision and the body = dispositive portion controls irrespective of what appears in the body.

o EXCEPT: when findings of fact in the opinion is so clear as to show that there was a mistake in the dispositive portion

o Or where explicit discussion and settlement of the issue is found in the body.

v But when the dispositive part of a final order is definite and clear and can be given effect w/o the need for interpretation or construction = body should be excluded.

v Special forms of judgments: o Judgment by default o Judgment on the pleadings o Summary judgment o Separate judgment o Judgment on specific acts o Special judgment o Judgment upon confession o Judgment upon compromise o Clarificatory judgment o Judgment nunc pro tunc

v Judgment upon confession or compromise cannot be entered into by counsel without knowledge of client or SPA.

o Both are immediately executory. o Compromises entered into by parents, guardians,

representatives, administrators and executors REQUIRE court approval.

§ Why? Because 3rd persons cannot bind another to a compromise agreement unless such 3rd person has obtained SPA.

v Judgment on consent is not fully equated w/ judgment by confession.

By Consent By Confession - Provisions and terms are

settled and agreed upon by parties

- Entered in the record by consent of court

- There must be unqualified agreement between among the parties to be bound by judgment on consent.

- Court doesn't have the

- Not a plea but an affirmative and voluntary act of the defendant himself and the court exercises a certain amount of supervision.

A.  PORTA  ~  REGALADO  CIV  PRO  REVIEWER  (Judge  DE  LA  ROSA  SY  2014-­‐2015)    

power to supply terms, provisions and essential details not previously agreed upon by the parties.

v Judgment upon compromise is immediately executory in the

absence of fraud/mistake. o If such motion is made and denied = appeal may be

taken from that order of denial. o SC held that to be entitled to appeal from judgment of

compromise = party must not only move to set aside the judgment but must also move to set aside or ANNUL the COMPROMISE AGREEMENT itself.

o Judgment rendered pursuant to a compromise is not appealable and has the effect of res judicata. (?)

§ Why does regalado say appeal can be taken from order of denial and why did SC say that to appeal one must also annul the compromise agreement if judgment on compromise is NOT appealable???

v When a judgment is based on compromise and it is sought to be enforced against a person not a party, he may file an original petition for certiorari to quash the writ of execution.

v Compromise agreement once approved by the court has the force of res judicata.

o It will not be disturbed unless there is vice in consent or forgery.

v No decree of legal separation or annulment of marriage can be granted if based exclusively on confession.

v Judgment nunc pro tunc o Only function is to record an act which was done at a

former time but was not recorded, in order to make the record speak the truth w/o any changes in substance or material

o Object is not the rendition of a new judgment but to place proper form on the record of judgment to make it speak the truth and thereby show what the judicial action really was.

o It cannot be availed to correct judicial errors

o It cannot supply non-action of the court however erroneous the judgment is.

Section 2. Entry of judgments and final orders

- If no appeal or motion for new trial or reconsideration is filed within the time provided in these Rules, the judgment or final order shall forthwith be entered by the clerk in the book of entries of judgments.

- The date of finality of the judgment or final order shall be deemed to be the date of its entry.

- The record shall contain the dispositive part of the judgment or final order and shall be signed by the clerk, within a certificate that such judgment or final order has become final and executory.

Section 3. Judgment for or against one or more of several parties.

- Judgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants.

- When justice so demands, the court may require the parties on each side to file adversary pleadings as between themselves and determine their ultimate rights and obligations.

Section 4. Several judgments.

- In an action against several defendants, the court may, when a several judgment is proper, render judgment against one or more of them, leaving the action to proceed against the others.

Section 5. Separate judgments. - When more than one claim for relief is presented in an action,

the court, at any stage, upon a determination of the issues material to a particular claim and all counterclaims arising out of the transaction or occurrence which is the subject matter of the claim, may render a separate judgment disposing of such claim.

- The judgment shall terminate the action with respect to the claim so disposed of and the action shall proceed as to the remaining claims.

- In case a separate judgment is rendered the court by order may stay its enforcement until the rendition of a subsequent

judgment or judgments and may prescribe such conditions as may be necessary to secure the benefit thereof to the party in whose favor the judgment is rendered.

Section 6. Judgment against entity without juridical personality.

- When judgment is rendered against two or more persons sued as an entity without juridical personality, the judgment shall set out their individual or proper names, if known.