a.
Expressly admitting the truth of such allegations,
RULE 34
JUDGEMENT ON THE PLEADINGS
Section 1. Judgment on the Pleadings
JUDGEMENT ON THE PLEADINGS
- A judgment based solely on the allegations and information contained in
the pleadings, and not on any outside matters.
- Without the introduction of evidence as the factual issues remain
uncontroversial
NATURE OF JUDGMENT ON THE PLEADINGS
- Judgment on the pleadings is appropriate when an answer to a claim
fails to tender an issue, or otherwise admits the material allegations of
the adverse party’s pleading.
- Failure to deny such would result in the admission of the material
allegations of the adverse party’s pleadings. (Asian Construction vs.
Senneadle)
- Dictates that an answer fails to tender an issue, if it does not comply with
the requirements of a specific denial as set out in Section 8 and 10 of the
Rules of Court, resulting in the admission of the material allegations of
the adverse party’s pleadings. As such, it is a judgment that is
exclusively based on the submitted pleadings, without the introduction of
evidence as the factual issue remains uncontroverted. (GSIS vs
Prudential Guarantee and Assurance, Inc., G.R. No. 165585,
November 20, 2013)
- The concept of a judgment on the pleadings will not apply when no
answer is filed.
- It will come into an operation when an answer is served and filed but the
same fails to tender an issue or admits the material allegations of the
adverse party’s pleading.
WHEN AN ANSWER OTHERWISE ADMITS MATERIAL ALLEGATIONS OF
THE PLEADING
- The answer admits the material allegations of the adverse party’s
pleading by:
b. Failing to make specific denial of the material allegations, or
c. Omitting to deal with the material allegations at all. (Fernando
Medical Enterprises, Inc. vs Wesleyan University Philippines
Inc., G.R. No. 207970, January 20, 2016)
CASES WHERE JUDGEMENT ON THE PLEADINGS DO NOT APPLY
Judgement on the pleadings will not apply:
1. Declaration of nullity of marriage;
2. Annulment of marriage
3. Legal separation;
4. Cases involving unliquidated damages
5. Cases where a pleading contains a conclusion of law since it is the
court which makes such conclusions; and
6. Cases where the pleading contains non-material averments or
allegations.
Section 2. Action on motion for judgment on the pleadings
ACTION ON MOTION FOR JUDGMENT ON THE PLEADINGS
The court may MOTU PROPRIO OR ON MOTION render judgement on the
pleadings if:
1. It is APPARENT THAT THE ANSWER fails to tender an issue, or
2. Otherwise ADMITS THE MATERIAL ALLEGATION of the adverse
party’s pleadings.
- Any action of the court on a motion for judgment on the pleadings shall
not be subject of an appeal or petition for certiorari, prohibition, or
mandamus.
- The court may motu proprio render judgment on the pleadings if the
parties include in the pre-trial order that the case is being submitted for
judgment on the pleadings or summary judgment.
- It can also be by way of litigious motion.
- If the court denies the motion, the party shall completed his or her
evidence presentation since the main case is still pending then just
assign as error the denial of the motion.
The essential query in resolving a motion for judgment on the pleadings is
whether or not there are issues of fact generated by the pleadings
If the defendant admits all the ultimate facts in the complaint, then such facts,
being undisputed, will no longer require evidence.