S.

Judgments and final orders

1. Judgment on the pleadings (Rule 34) re-numbered as Rule 33

NOTE1: Rule on JUDGMENT ON THE PLEADINGS should now be RE-NUMBERED as Rule 33 (not Rule
34).

NOTE2: No amendment in Sec. 1 (Judgment on the pleadings)

SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS

Section 1. Judgment on Where an answer fails to [No amendment]
the pleadings. — 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. (1a, R19)

Section 2. Action on NO ORIGINAL The court may motu ❑ This is a new section.

motion for judgment on PROVISION proprio or on motion The amendment provides
the pleadings.  render judgment on the that the court may motu
pleadings if it is proprio or on motion
apparent that the render judgment on the
answer fails to tender an pleadings if it is apparent
issue, or otherwise that the answer fails to
admits the material tender an issue or
allegations of the otherwise admits the
adverse party's material allegations of the
pleadings. Otherwise, adverse party’s pleadings.
the motion shall be ❑ If the above grounds
subject to the provisions are not present, the
of Rule 15 of these motion is subject to Rule
Rules. 15 on Motions.
❑ Also, any action on a
Any action of the court motion for judgment on
on a motion for the pleadings is not
judgment on the subject to appeal or
pleadings shall not be petition for certiorari,
subject of an appeal or prohibition or mandamus.
petition for certiorari,
prohibition or
mandamus. (n)
2. Summary judgments (Rule 35) re-numbered as Rule 34

NOTE1: Rule on SUMMARY JUDGMENTS should now be RE-NUMBERED as Rule 34 (not Rule 35).

NOTE2: No amendment in Sec. 5 (Form of affidavits and supporting papers)

NOTE3: The amendments in Sec. 1 (Summary judgment for claimant), Sec. 2 (Summary judgment for defending
party) and Sec. 6 (Affidavits in bad faith)

SECTION ORIGINAL PROVISION AMENDED PROVISION REMARKS

Section A party seeking to recover  A party seeking to recover upon a
1. Summar upon a claim, counterclaim, or claim, counterclaim, or cross-claim
y judgment cross-claim or to obtain a or to obtain a declaratory relief
for declaratory relief may, at any may, at any time after the pleading
claimant. time after the pleading in in answer thereto has been served,
answer thereto has been served, move with supporting affidavits,
move with supporting depositions or admissions for a
affidavits, depositions or summary judgment in his or
admissions for a summary her favor upon all or any part
judgment in his favor upon all thereof.
or any part thereof. (1a, R34)

Section A party against whom a claim, A party against whom a claim,

2. Summar counterclaim, or cross-claim is counterclaim, or cross-claim is
y judgment asserted or a declaratory relief asserted or a declaratory relief is
for is sought may, at any time, sought may, at any time, move
defending move with supporting with supporting affidavits,
party.  affidavits, depositions or depositions or admissions for a
admissions for a summary summary judgment in his or
judgment in his favor as to all her favor as to all or any part
or any part thereof. (2a, R34) thereof.

Sec. 3. The motion shall be served at The motion shall cite the ❑ The amendment in Sec.
Motion and least ten (10) days before the supporting affidavits, 3 requires that the motion
proceeding time specified for the hearing. depositions or admissions, and for summary judgment
s thereon The adverse party may serve the specific law relied upon. The should cite the supporting
opposing affidavits, adverse party may file a affidavits, depositions or
depositions, or admissions at comment and serve opposing admissions, and the
least three (3) days before the affidavits, depositions or specific law relied upon
hearing. After the hearing, the admissions within a non- ❑ Also, the adverse party
judgment sought shall be extendible period of five (5) may file a comment
rendered forthwith if the calendar days from receipt of the thereto within a non-
pleadings, supporting motion. Unless the court orders extendible period of 5
affidavits, depositions, and the conduct of a hearing, calendar days from
admissions on file, show that, judgment sought shall be rendered receipt of the motion
except as to the amount of forthwith if the pleadings, ❑ Judgment may be
damages, there is no genuine supporting affidavits, depositions
rendered on the motion,
issue as to any material fact and and admissions on file, show that,
unless the court requires a
that the moving party is entitled except as to the amount of
hearing
to a judgment as a matter of damages, there is no genuine issue
law. as to any material fact and that the
moving party is entitled to
 judgment as a matter of law.
❑ In addition, any action
Any action of the court on a on a motion for summary
motion for summary judgment judgment is not subject to
shall not be subject of an appeal appeal or petition for
or petition for certiorari, certiorari, prohibition or
prohibition or mandamus. mandamus.

Sec. 4. If on motion under this Rule, If on motion under this Rule, ❑ The amendment in Sec.
Case not judgment is not rendered upon judgment is not rendered upon the 4 allows the court to
fully the whole case or for all the whole case or for all the reliefs ascertain what material
adjudicated reliefs sought and a trial is sought and a trial is necessary, the facts exist without
on motion necessary, the court at the court may, by examining the substantial controversy,
hearing of the motion, by pleadings and the evidence before including the extent to
examining the pleadings and it and by interrogating counsel, which the amount of
the evidence before it and by ascertain what material facts exist damages or other relief
interrogating counsel shall without substantial controversy, that is not in controversy.
ascertain what material facts including the extent to which the ❑ Also, the court need
exist without substantial amount of damages or other relief not ascertain what facts
controversy and what are is not in controversy, and directing are actually and in good
actually and in good faith such further proceedings in the faith controverted.
controverted. It shall thereupon action as are just. The facts so ❑ Further, the facts
make an order specifying the ascertained shall be deemed
ascertained as without
facts that appear without established, and the trial shall be
controversy are deemed
substantial controversy, conducted on the controverted
established
including the extent to which facts accordingly.
the amount of damages or other
relief is not in controversy, and
directing such further
proceedings in the action as are
just. The facts so specified shall
be deemed established, and the
trial shall be conducted on the
controverted facts accordingly.

Section  Supporting and opposing [No amendment]

5. Form of affidavits shall be made on
affidavits personal knowledge, shall set
and forth such facts as would be
supporting admissible in evidence, and
papers. —  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 Should it appear to its Should it appear to its satisfaction

6. Affidavit satisfaction at any time that any at any time that any of the
s in bad of the affidavits presented affidavits presented pursuant to
faith. pursuant to this Rule are this Rule are presented in bad
presented in bad faith, or solely faith, or solely for the purpose of
for the purpose of delay, the delay, the court shall forthwith
court shall forthwith order the order the offending party or
offending party or counsel to counsel to pay to the other party
pay to the other party the the amount of the reasonable
amount of the reasonable expenses which the filing of the
expenses which the filing of the affidavits caused him or her to
affidavits caused him to incur incur, including attorney's fees, it
including attorney's fees, it may, after hearing further adjudge
may, after hearing further the offending party or counsel
adjudge the offending party or guilty of contempt.
counsel guilty of contempt. (6a, x x x           x x x          x x x
R34)
3. Rendition and entry of judgments and final orders (Rule 36)

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. (1a)

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. (2a, 10, R51)

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. (3)

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. (4)

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. (5a)

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. (6a)