Monday, July 25, 2011

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 (Section 1, Rule 34 of the Rules of Court).

The trial court has the discretion to grant a motion for judgment on the pleadings filed by a party if there is no controverted matter in the case after the answer is filed (Sps. Hontiveros v. RTC, Br. 25, Iloilo City, 368 Phil. 653 (1999).  A judgment on the pleadings is a judgment on the facts as pleaded (Narra Integrated Corporation v. Court of Appeals, 398 Phil. 733 (2000), and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes (DORIS U. SUNBANUN  vs AURORA B. GO, G.R. No. 163280, February 2, 2010, CARPIO, J.). 

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