3.

It must have been rendered by a court having jurisdiction over

RULE 36
JUDGEMENTS, FINAL ORDERS AND ENTRY THEREOF
Section 1. Rendition of judgment and final orders
7. Conclusiveness of Judgment
JUDGMENT – judicial act which settles the issues, fixes the rights and
liabilities of the parties, and determines the proceedings, and it is regarded as
the sentence of the law pronounced by the court on the action or question
before it.
- It is the court’s final determination of the rights and obligations of the
parties in a case.
DOCTRINE AND PRINCIPLES RELATED TO JUDGMENT AND FINAL
ORDERS
1. Doctrine of Immutability of Judgment
A judgment that lapses into finality becomes immutable and unalterable.
XPN:
the subject matter and the parties; and
4. There must be between the first and second actions, identity of
parties, of subject matter and of cause of action.
Any right, fact, or manner in issue directly adjudicated or necessarily
involved in the determination of an action before a competent court in
which judgment therein and cannot again be litigated between the
parties and their privies whether or not the claims, demands,
purposes, or subject matters of the two actions are the same.
Requisites:
1. Where the between the first case wherein judgment is rendered
and the second case wherein such judgment is invoked, there is
identity of parties,
2. But there is no identity of cause of action,
3. The judgment is conclusive in the second case, only as to those
matters actually and directly controverted and determined and
4. Not as to matters merely involved therein.

1. Correction of clerical errors 8. Law of the Case – opinion delivered on a former appeal, when an
2. The making of nunc tune entries which causes no prejudice to any appellate court passes on a question and the question there is settled
party becomes the law of the case upon subsequent appeal.
3. Void Judgments

9. Stare Decisis Et Non Quieta Movere – means to adhere to

2. Correction of Clerical Errors precedents, and not to unsettle things which are established.
Clerical errors cover all errors, mistakes or omissions which are not the result
of the exercise of the judicial function.
REQUISITES OF A VALID JUDGMENT
3. Judgement NUNC PRO TUNC “Now for then”
1. The court or tribunal must be clothed with judicial authority to hear
Placing in proper form on the record of the judgment that had been previously and determine the matter before it;
rendered. 2. It must have jurisdiction over the person of the party nor over the
property subject of the controversy;
4. Void Judgments – no legal effect no judgment
3. The parties thereto must have been given an opportunity to adduce
5. Res Judicata – thing is judicially acted upon or decided.
evidence in their behalf,
6. Barred by Prior Judgment
4. Such evidence must be considered by the tribunal in deciding the
- Pertains to res judicata in concept as “bar by prior judgment” or “estoppel
case and
by verdict”.
5. It shall be writing personally and directly prepared by the judge stating
- Requisites:
clearly and distinctly the facts and the law on which it is based, signed
1. The former judgment or order must be final
by him.
2. It must be a judgment or order on the merits
CONSTITUTIONAL REQUIREMENTS FOR JUDGMENT
Section 14 Article VIII of the 1987 Constitution
- No decision shall be rendered by any court without expressing therein
clearly and distinctly the facts and law on which it is based.
- No petition for review or motion for reconsideration of a decision of the
court shall be denied without stating the legal basis therefore.
Rendition of Judgements
A judgement or final order determining the merits if the case shall:
1. Be in writing
2. Personally and directly prepared by the judge
3. Stating clearly and distinctly the facts and the law on which it is
based;
4. Signed by the judge, and
5. Filed with the clerk of the court.
Section 2. Entry of judgements and final orders
ENTRY OF JUDGEMENT AND FINAL ORDERS
1. 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 be
forthwith be entered by the clerk in the book of entries of judgments.
2. The date of finality of the judgment or final order shall be deemed to
be the DATE OF ITS ENTRY.
3. The record shall contain the dispositive part of the judgment or final
order and shall be signed by the clerk, with a certificate that such
judgment or final order has become final and executory
Section 3. Judgment for or against one or more several parties.
JUDGMENT FOR OR AGAINST ONE OR MORE OF SEVERAL
PLAINTIFFS
Judgment may be given for or against one or more of the several plaintiffs or
one or more of the several defendants.
- The court may require such parties on each side to file adversary
pleadings as between themselves and determine their ultimate rights and
obligations.
Section 4. Several Judgment
- It is a judgment rendered by a court, when proper, against one or more
defendants and NOT against all of them leaving the action to proceed
against the others.
SEVERAL JUDGMENTS IS NOT PROPER IN ACTIONS AGAINST
SOLIDARY DEBTORS
A several judgment is proper only when the liability of each party is clearly
separable and distinct from that of his co-parties, such that the claims against
each of them could have been the subject of separate suits, and judgment for
or against one of them will not necessarily affect the other.
Section 5. Separate Judgments
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
2. There is 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.
The court may render a separate judgment at any stage of the trial.
Section 6. Judgment against entity without juridical personality.
- A judgment against an entity without juridical personality should be
related to Sec. 15 of Rule 3
- The judgment shall be actually against the persons who form the entity
without a juridical personality and the judgment shall set out their
individual or proper names.

RULE 37
NEW TRIAL OR RECONSIDERATION
Section 1. Grounds of and period for filing motion for new trial or
reconsideration. — Within the period for taking an appeal, the aggrieved party
may move the trial court to set aside the judgment or final order and grant a
new trial for one or more of the following causes materially affecting the
substantial rights of said party:
(a) Fraud, accident, mistake or excusable negligence which ordinary
prudence could not have guarded against and by reason of which
such aggrieved party has probably been impaired in his rights; or
(b) Newly discovered evidence, which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if
presented would probably alter the result.
Motion for New Trial
- a remedy described as a “new invention to temper the severity of a
judgment or prevent the failure of justice.
- The grant of a new trial is generally speaking, addressed to the sound
discretion of the court
Within the same period, the aggrieved party may also move for
reconsideration upon the grounds that the damages awarded are excessive,
that the evidence is insufficient to justify the decision or final order, or that the
decision or final order is contrary to law. (1a)
Section 2. Contents of motion for new trial or reconsideration and notice
thereof. — The motion shall be made in writing stating the ground or grounds
therefor, a written notice of which shall be served by the movant on the
adverse party.
A motion for new trial shall be proved in the manner provided for proof of
motion. A motion for the cause mentioned in paragraph (a) of the preceding
section shall be supported by affidavits of merits which may be rebutted by
affidavits. A motion for the cause mentioned in paragraph (b) shall be
supported by affidavits of the witnesses by whom such evidence is expected
to be given, or by duly authenticated documents which are proposed to be
introduced in evidence.
A motion for reconsideration shall point out a specifically the findings or
conclusions of the judgment or final order which are not supported by the
evidence or which are contrary to law making express reference to the
testimonial or documentary evidence or to the provisions of law alleged to be
contrary to such findings or conclusions.
A pro forma motion for new trial or reconsideration shall not toll the
reglementary period of appeal. (2a)
Section 3. Action upon motion for new trial or reconsideration. — The trial
court may set aside the judgment or final order and grant a new trial, upon
such terms as may be just, or may deny the motion. If the court finds that
excessive damages have been awarded or that the judgment or final order is
contrary to the evidence or law, it may amend such judgment or final order
accordingly. (3a)
Section 4. Resolution of motion. — A motion for new trial or reconsideration
shall be resolved within thirty (30) days from the time it is submitted for
resolution. (n)
Section 5. Second motion for new trial. — A motion for new trial shall include
all grounds then available and those not so included shall be deemed waived.
A second motion for new trial, based on a ground not existing nor available
when the first motion was made, may be filed within the time herein provided
excluding the time during which the first motion had been pending.
No party shall be allowed a second motion for reconsideration of a judgment
or final order (4a, 4, IRG)
Section 6. Effect of granting of motion for new trial. — If a new trial is granted
in accordance with the provisions of this Rules the original judgment or final
order shall be vacated, and the action shall stand for trial de novo; but the
recorded evidence taken upon the former trial, insofar as the same is material
and competent to establish the issues, shall be used at the new trial without
retaking the same. (5a)
Section 7. Partial new trial or reconsideration. — If the grounds for a motion
under this Rule appear to the court to affect the issues as to only a part, or
less than an of the matter in controversy, or only one, or less than all, of the
parties to it, the court may order a new trial or grant reconsideration as to
such issues if severable without interfering with the judgment or final order
upon the rest. (6a)
Section 8. Effect of order for partial new trial. — When less than all of the
issues are ordered retried, the court may either enter a judgment or final order
as to the rest, or stay the enforcement of such judgment or final order until
after the new trial. (7a)
Section 9. Remedy against order denying a motion for new trial or
reconsideration. — An order denying a motion for new trial or reconsideration
is not appealed, the remedy being an appeal from the judgment or final order.
(n)