JUDGEMENT

POST JUDGEMENT AND EXECUTION OF JUDGEMENT

 RULE : JUDGEMENT ON THE
PLEADINGS
DEFINITION GROUNDS GENERAL EXCEPTION WHEN NOT
RULE Otherwise, the ALLOWED
Rendered by a court 1. The answer fails to
without trial if the tender an issue. The court may motu motion shall be 1. Declaration of
answer fails to tenders an 2. The answer proprio or on subject to the Nullity of
motion render provisions of Rule Marriage
issue, or otherwise otherwise admits the 15 of these Rules. 2. Annulment of
admits the material mineral allegations judgement on the
pleadings if it Marriage
allegations of the of the adverse party’s apparent that the Any action of the 3. Legal
adverse party’s pleading. pleading. answer fails to court on a motion Separation
tender an issue, or for judgement on 4. When the issue
otherwise admits the pleadings shall is the amount of
the material not be subject of an unliquidated
allegations of the appeal or petition damages
adverse party’s for certiorari, 5. When only
pleadings. prohibition, or conclusions of
mandamus. law are being
alleged.
 RULE 35: SUMMARY JUDGEMENT
DEFINITION WHO CAN FILE? OUTLINE SANCTIONS
Rendered by a court Plantiff- may file the Moving party files a motion for 1. Pay to the other
without trial if it is motion at any time summary judgememt with party the amount of
clear that there exist after the answer has supporting affidavits, the reasonable
been served, and depositions, or admissions.
no genuine issue or expenses which the
controversy as to therefore, must wait Service of motion at any time filing of the
any material fact until the issue have after the pleading in answer affidavits caused
except as to the been joined. thereto has been served. him or her to incur,
amount of damages. including attorney’s
Defendant- can The adverse party may serve fees.
move for summary opposing affidavits, depositions,
or admissions within 5 days after
judgement at any receipt of the motion. 2. After hearing
time. further adjudge the
offending party or
HEARING counsel guilty of
contempt.
Judgement
There is no genuine issue as to
any material fact and the
moving party is entitled to a
judgement as a matter of law.
JUDGEMENT ON THE PLEADINGS VS SUMMARY JUDGEMENT
Summary Judgement Judgement on the Pleadings
As to basis Based on the pleadings, depositions, admissions Based solely on the pleadings
and affidavits
As to whom available Available to both plaintiff and defendant Generally available only to the
plaintiff, unless the defendant presents
a counterclaim

As to the issue tendered There is no genuine issue between the parties The answer fails tender an issue of
otherwise admits the material
allegations of the adverse party’s
pleadings
As to the notice required 10 day notice required 3 day notice required

As to being a judgement May be interlocutory { as in the case of partial On the merits

on the merits summary judgement| or on the merits

As to filing of an answer If filed by plaintiff, it must be filed at any time There is already an answer filed
after an answer is served;
If filed by defendant, it must be filed at any time
even before there is an answer.
 RULE 36: JUDGEMENTS, FINAL
ORDERS AND ENTRY
THEREOF
KINDS OF JUDGEMENT
JUDGEMENT UPON COMPROMISE
DEFINITION
It is one rendered by the court on the basis of a compromise
agreement entered into between parties
JUDGEMENT UPON CONFESSION It is one rendered by the court when a party expressly agrees to
the other party’s claim or acknowledges the validity of the
claim against him
JUDGEMENT UPON THE MERITS One that is rendered after consideration of the evidence
submitted by the parties during the trial of the case

CLARIFICATORY JUDGEMENT One rendered to clarify an ambiguous judgement or one

difficult to comply with
JUDGEMENT NUNC PRO TUNC The office of a judgement nunc pro tunc is to record some act
of the court done at a former 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 actually taken.
KINDS OF JUDGEMENT DEFINITION
JUDGEMENT SIN PERJUICO It is one which contains only the dipositive portion of the
decision and reserves the making of findings of fact and
conclusions of law in a subsequent judgement. Since it does
not state the facts and the law upon which it is based, it is a
void judgement
JUDGEMENT BY DEFAULT One rendered by a court granting the claimant such relief as his
pleading may warrant when the defendant was declared to be
in default
JUDGEMENT ON THE PLEADINGS One that is rendered by a court without trial if the answer fails
to tenders an issue, or otherwise admits the material allegations
of the adverse party’s pleading
SUMMARY JUDGEMENT One that is rendered by a court without trial if it is clear that
there exist no genuine issue or controversy as to any material
fact except as to the amount of damages
SEVERAL JUDGEMENT One rendered by court against one or more defendants and not
against all of them leaving the action to proceed against the
others
SEPARATE JUDGEMENT One rendered by court disposing of a particular claim among
several others, presented in a case after determination of the
issues material to such claim and all counterclaims arising out
of a transaction or occurrence, which is the subject matter of
said claim.
KINDS OF JUDGEMENT
SPECIAL JUDGEMENT
JUDGEMENT FOR SPECIFIC ACTS
JUDGEMENT ON DEMURRER TO EVIDENCE
CONDITIONAL JUDGEMENT
FINAL AND EXECUTORY JUDGEMENT
DEFINITION
One which requires the performance of any act, other than
payment of money or the sale or delivery of real or personal
property, which party must personally do because his personal
qualifications and circumstances have been taken into
consideration
One which requires the performance of a specific act such as
conveyance, delivery of deeds, or other specific acts; vesting
title; sale of real or personal property; delivery or restitution of
real property; removal of improvements on property subject of
execution; and delivery of personal property.
One which authorizes on the merits of the case without the
defendant having to submit evidence on his part as he would
ordinarily have to do, if plaintiff’s evidence shows that he is
not entitled to the relief sought
One wherein the effectivity if which depends upon the
occurrence or non-occurrence of an event. As a general rule,
judgement of such kinds, conditioned upon a contingency, are
held to be nulled and void.
One which is final and executory if no appeal or motion for
new trial and reconsideration is filed within the time provided
by the Rules.
 POST-JUDGEMENT REMEDIES
BEFORE FINALITY OF JUDGEMENT

MOTION FOR RECONSIDERATION

DEFINITION GROUNDS REQUISITES SINGLE MOTION

One that is directed 1. Damages awarded 1. It must be in writing RULE
against a judgement or are excessive; 2. A written notice must A party shall not be
final order, not of an 2. That the evidence is be served on the allowed to file a second
interlocutory order insufficient to justify adverse party; and motion for
which for instance, the decision or final 3. It must state the reconsideration of
precedes a petition for order; or grounds thereof judgement or a final
certiorari 3. That the decision or order.
final order is
contrary to law
 MOTION FOR NEW TRIAL

DEFINITION GROUNDS REQUISITES BERRY RULE

The rehearing of a case 1. Fraud, accident, 1. Must be in writing 1. Must have been
already decided by the mistake, or excusable 2. A written notice must discovered after the trial
court but before negligence be served on the 2. It could not have been
discovered and
judgement rendered 2. Newly discovered adverse party
produced at the trial
thereon becomes final evidence which 3. It must state the even with the exercise
and executory, whereby could not, with grounds thereof of reasonable diligence
errors of law or reasonable diligence, 3. It must be material and
irregularities are have been discovered not merely collateral,
expunged from the and produced at the cumulative,
record or new evidence trial, and which, if corroborative, or
is introduced or both presented would impeaching
steps are taken probably alter the 4. The evidence is of such
weight that if admitted,
result would probably alter the
result of the action
 BEFORE FINALITY OF JUDGEMENT

APPEAL

ORDINARY APPEAL

NOTICE OF APPEAL RECORD ON APPEAL

1. File a notice of appeal with the Required in cases where multiple of
RTC that rendered the judgement appeals are allowed:
or final order appealed from 1. Special proceedings such as
2. The notice of appeal must probate
indicate: a. name of the parties; b. 2. Actions for recovery of property
judgement or final order appealed with accounting
from; c. material date showing 3. Actions for partition of property
timeliness of appeal with accounting
3. A copy served on the adverse 4. Special civil actions of eminent
party domain {expropriation}
4. Payment in full docket fees and 5. Special civil actions for
other lawful fees foreclosure of mortgage
 AFTER FINALITY OF JUDGEMENT

RULE 38: PETITION FOR RELIEF FROM

JUDGEMENT

DEFINITION GROUNDS WHERE TO FILE TIME FOR FILING

Remedy provided by law 1. Where a judgement May be filed before the PETITION
to any person against or final order is court which rendered 60 days after knowledge
whom a decision or entered or any other judgement, ordered the if the judgement and 6
order is entered into proceeding is proceeding, or denied his months after entry of
through Fraud, Accident, thereafter taken appeal, in the same case, such judgement
Mistake, or Excusable against petitioner praying that the
Negligence through FAMEN judgement or proceeding The double period
2. When petitioner has be set aside or that his required is jurisdictional
been prevented from appeal be given due and should be strictly
taking an appeal by course. complied with
FAMEN
 RULE 47: ANNULMENT OF JUDGEMENT

DEFINITION GROUNDS PERIOD FOR FILING WHO MAY FILE THE

Remedy in law Extrinsic fraud- 4 years ACTION?
1. Extrinsic fraud
independent of the case 2. Lack of jurisdiction from discovery The petitioner need not
where judgement sought over the subject be a party to the
to be annulled was matter Lack of jurisdiction- judgement sought to be
rendered before it is barred by annulled. What is
estoppel by laches or essential is that the
estoppel by deed petitioner is one who can
prove his allegation that
the judgement was
obtained and that he was
affected thereby
 RULE 65: PETITION FOR CERTIORARI

REQUISITES GROUNDS WHERE TO FILE MOTION FOR

1. Respondent Tribunal, Entity or person is May be filed in the RECONSIDERATION
board or officer is alleged to have acted: appropriate court having AS A PRE-
excercising: a. jurisdiction over the REQUISITE;
Judicial; b. Quasi- 1. Without jurisdiction lower court, tribunal, EXCEPTIONS
Judicial functions 2. In excess of board, or officer a. Where the order is a
2. Respondent acted: a. jurisdiction patent nullity, as
without jurisdiction; 3. Grave abuse of where a Court quo
b. in excess of its discretion amounting has no jurisdiction
jurisdiction; c. grave to lack or excess of TIME FOR FILING b. Where petitioner was
abuse of discretion jurisdiction PETITION deprived of due
amounting to lack of process
jurisdiction Not later than 60 days
c. Where the issue
3. There must be no from notice of
raised is one purely
appeal or other plain, judgement, order, or
of law or where
speedy and adequate resolution sought to be
public interest is
remedy assailed
involved
RULE 39: EXECUTION OF JUDGEMENT
DEFINITION AGAINST WHOM WRIT OF
Execution is a process ISSUED EXECUTION
provided by law for the Against a party and not A judicial writ issued to
enforcement of a final against one who had never an officer authorizing
and executory judgement had his day in court him to enforce the
judgement of the court in
accordance with this
Rule

AS TO THEIR NATURE
COMPULSORY
EXECUTION
Requisites of Execution as a
Matter of Right
1. Prevailing party must file a
motion for execution with the
court of origin with notice to the
adverse party
2. Upon rendition of a judgement or
order that completely disposes of
the action or proceeding
3. No motion for reconsideration,
new trial or appeal of the
judgment or final order is filed
within the reglementary period
CLASSES OF EXECUTION
AS TO HOW IT IS ENFORCED
DISCRETIONAR EXECUTION BY EXECUTION BY
Y EXECUTION MOTION INDEPENDENT
Procedure
ACTION
1. There must be a motion filed by Within 5 years from date of its After lapse of 5 years from entry
the prevailing party with notice entry and before it is barred by statute
to the adverse party of limitations
2. There must be a hearing of the
motion for discretionary JURISDICTION:
execution JURISDICTION: RTC since it is an action
3. The motion must be filed in the Court of Origin incapable of pecuniary estimation
RTC while it has jurisdiction
over the case and is in possession VENUE:
of either the original record or Rules on venue applies
the record on appeal or with
Appellate Court or RTC has lost
its jurisdiction over the case
4. There must be good reasons to
justify the discretionary
execution
5. The good reasons must be stated
in a special order after due
hearing
 IF AWARD IS FOR PAYMENT OF MONEY

IMMEDIATE PAYMENT SATISFACTION BY LEVY GARNISHMENT OF

ON DEMAND DEBTS AND CREDITS

The judgement obligor shall Levy is an act by which an Garnishment is an act of

pay in cash, or certified officer sets apart or appropriation by the court
bank check payable to the appropriates a part or the when the property of debtor
judgement oblige or any whole property of the is in the hands of a third
order form of payment judgement debtor or purposes person
acceptable to the obligee of the execution
Procedure:
REAL PROPERTY PERSONAL PROPERTY 1. The sheriff will serve a notice
upon the person owing such
By filing with the ROD a copy of If capable of manual delivery, by debts
the order together with the taking and safely keeping it in the 2. The garnishee shall make a
description of the property and a custody of the sheriff after issuing written report to the court
notice as an attachment the corresponding receipt thereof within 5 days stating whether or
not the judgement obligor has
sufficient funds
3. The garnished amount shall be
delivered within 10 days from
service of notice
 EXECUTION OF JUDGEMENTS FOR SPECIFIC
CONVEYANCE,
DELIVERY OF DEEDS,
OTHER SPECIFIC
ACTS; VESTING TITLE
If a judgement directs a party to
execute a conveyance of land or
personal property or to deliver deeds or
other documents, or to perform any
other specific act in connection
therewith, and the party fails to comply
within the time specified, the court may
direct the act to be done at the cost of
the disobedient party by some other
person appointed by the court and the
act when so done shall have like effect
as if done by the party.
If real or personal property is situated
in the Philippines, the court in lieu of
directing a conveyance thereof may by
an order divest the title of any party
and vest it in others, which shall have
the force and effect of a conveyance
executed in due form of law.
ACTS DELIVERY OR
RESTITUTION OF
SALE OF REAL OR REAL PROPERTY
PERSONAL PROPERTY
The officer shall demand of the
person against whom the judgement
If the judgement be for the for the delivery or restitution if real
sale of real or personal property is rendered and all persons
claiming rights under him to
property, to sell such peaceably vacate the property
property, describing it, and within 3 working days, and restore
apply the proceeds in possession thereof to the judgement
conformity with the obligee, otherwise, the officer shall
oust all such persons therefrom with
judgement. the assistance, if necessary, of
appropriate peace officers, and
employing such means as may be
reasonably necessary to retake
possession, and place the judgement
obligee in possession of such
property.
Any costs, damages, rents, or profits
awarded by the judgement shall be
satisfied in the same manner as a
judgement for money.
 EXECUTION OF JUDGEMENTS FOR SPECIFIC
ACTS
REMOVAL OF
IMPROVEMENTS ON DELIVERY OF
PROPERTY SUBJECT PERSONAL PROPERTY
OF EXECUTION

When the property subject of the execution In judgement for the delivery of personal
contains improvements constructed or property, the officer shall take possession
planted by the judgement obligor or his of the same and forthwith deliver it to the
agent, the officer shall not destroy, party entitled thereto and satisfy any
demolish or remove said improvements judgement for money as therein provided.
except upon special order of the court,
issued upon motion of the judgement
obligee after the hearing and after the
former has failed to remove the same
within a reasonable time fixed by the court.
END.
Thank you