Civil Procedure Rule 34

Judgment on the Pleadings

Rule 34
JUDGMENT ON THE PLEADINGS
SEC. 1. Judgment on the pleadings.-
Where an an!er "a#l $% $en&er an
#ue' %r %$her!#e a&(#$ $he
(a$er#al alle)a$#%n %" $he a&*ere
+ar$,- +lea&#n)' $he .%ur$ (a,' %n
(%$#%n %" $ha$ +ar$,' &#re.$ /u&)(en$
%n u.h +lea&#n). H%!e*er' #n a.$#%n
"%r &e.lara$#%n %" null#$, %r annul(en$
%" (arr#a)e %r "%r le)al e+ara$#%n'
$he (a$er#al "a.$ alle)e& #n $he
.%(+la#n$ hall al!a, 0e +r%*e&. 11a'
R123
Judgment on the pleadings is an expeditious way of
terminating a civil action. There is no more trial and
judgment will be rendered based on what the plainti says in
his pleadings.
Illustration:
PR!"#$%& Plainti 'les a complaint. (efendant 'les
an answer. The answer contains what you call defenses
) negative* a+rmative defenses. ,ow* after the
defendant 'les the answer* his issues are joined. ,ext
step is pre-trial. .f the case is not terminated in pre-trial*
next step is trial. That/s the procedure.
"ut suppose . will 'le a complaint against you and
you 'le your answer where you admitted everything that
. said in my complaint. 0ll the allegations in the
complaint are admitted and no defense was interposed
by the defendant. 1o* meaning* the defendant 'led an
answer which contains no defense at all. $verything is
admitted. 1hould the case go to trial2 1hould the
plainti prove his cause of action2 3hat is there to
prove when you admitted everything2 1o* there is no
more trial because everything is admitted by the
defendant.
4& .n the above case* what should the plainti do2
0& The plainti will now apply Rule 34. 5e will 'le a
motion in court which is 6nown as Judgment on the
Pleadings. 5e will as6 the court to render judgment
based on what the complaint says and what the answer
says. ,o more evidence. $to ang sabi ng complaint*
Oh! You borrowed money, and you did not pay. 1abi
ng answer* admit! admit! admit! !h* ano pa2 3hat is
there to be tried2 7ou admitted everything* so the court
will now decide8 7ou can render a decision based on
what the complaint says and what the answer says and
the court will immediately render judgment for the
plainti. 1o wala ng trial.
Rule 34 is one of the procedures or remedies under the
Rules of 9ourt for the prompt expeditious resolutions of civil
actions ) one of the fastest ways of resolving a civil dispute
because plainti 'les the complaint* defendant 'les his
answer* plainti as6s for judgment and the case is decided.
,o more pre-trial* no more trial. 3hy2 There is nothing to
try 6asi wala 6a mang depensa. $verything that . say in my
complaint you admit.
4& :nder Rule 34* what are the grounds for Judgment on
the Pleadings2
0& The following are the grounds&
1. 3hen an answer !ails to tender an issue; or
". 3hen an answer otherwise admits all the
material allegations of the adverse party/s
pleading.
4& 3hen does an answer fails to tender an issue2
0& 0n answer fails to tender an issue&
<.= when it neither admits nor denies the
allegations in the complaint;
.t neither admits nor denies. 1o* you
cannot do that. $ither you admit or you
deny the allegations in the complaint. 7ou
cannot say* #e!endant does not admit, he
does not also deny the allegation.
%eaning you are trying to be evasive. That
is not allowed.
>.= when all the denials in the answer are general
denials and not speci'c.
0 denial is general if the pleader does
not state the facts relied upon in support of
his denial ) #e!endant denies the
allegations in paragraphs 1, ", $, %, &, ', (
and ). That is an answer which does not
tender an issue because all the denials are
general* or no 6nowledge or information
su+cient to form a belief. Just li6e what
happened in the case of *+PI,O- .O,O/0
1s. Y+23,.
1o if an answer contains evasive allegations* denials
which are general* it does not also tender any issue aside
from the fact that it also admits the law. 9onsider it as an
admission of the material allegations of the complaint.
Therefore plainti will now move for an immediate judgment
in his favor. That is why it is called judgment on the
pleadings.
,ow* judgment on the pleadings has already been
mentioned in the previous rule that we too6 up. #et/s go bac6
to pre-trial in Rule <? because there is a mention there on
judgment on the pleadings. 1ection >* Rule <?&
SEC. 4. 4ature and purpose. -
The +re-$r#al # (an&a$%r,. The .%ur$
hall .%n#&er5
666
)3 The +r%+r#e$, %" ren&er#n)
/u&)(en$ %n $he +lea&#n)' %r
u((ar, /u&)(en$' %r %" &#(##n)
$he a.$#%n h%ul& a *al#& )r%un&
$here"%r 0e "%un& $% e6#$.
666
><3
Civil Procedure Rule 34
Judgment on the Pleadings
.n other words* during the pre-trial* the defendant there
and based on his pleadings* meron siyang defense. "ut
during the pre-trial* he ma6es now an admission, +5tually,
your honor, wala a6ong depensa ba. I ha1e no de!ense.
9ourt& +h, wala 6a ba7 O6ay. Judgment on the pleadings! )
tapos8
!r* another example& 9ollection case. 0ccording to the
defendant in his answer the obligation is paid. 0nd then
during the trial* the court as6s the defendant, +re you
serious that the obligation is paid7 (efendant& +5tually
your honor, wala pa. 8indi pa bayad. 9ourt: 9anoon ba7 O
plainti:, what do you say7 Plainti& I mo1e !or ;udgment on
the pleadings. Tapos8 The case is 'nished because the
admission is made in the course of the pre-trial that he has
no valid defense.
$@9$PT.!,1 T! T5$ R:#$ !, J:(A%$,T !, T5$
P#$0(.,A1
4& Aive the exceptions to the rule on judgment on the
pleadings.
0& Judgment on the pleadings does not apply&
1. in actions for declaration of nullity or annulment
of marriage; or
". in actions for legal separation;
$. when the issue is the amount of unliBuidated
damages because there must always be
evidence to prove such amount CRule ?* 1ection
<<=;
%. when only conclusions of law are being alleged.
1o* judgment on the pleading is not allowed on actions
for nullity of marriage or for legal separation. .t cannot be
resolved based only on what the complaint and what the
answer says. !therwise* if we will allow Rule 34 in that 6ind
of action* then it is very easy for husbands and wives to have
their marriages annulled or in obtaining a legal separation.
1o* the husband and the wife* they Buarrel and they decide&
O, sige. I<admit mo lahat para ;udgment on the pleadings
na! =h, di tapos!
%y golly8 The court will never allow that to succeed
simply because the other party admitted everything. That
would be a license for collusion. .t/s not as easy as that.
3alang judgment on the pleading sa marriage. .n other
words* no allegation is deemed admitted even if the other
party admits. 7ou still have to prove or disprove.
1o* the premise is similar to Rule D on (efaults. There is
no default judgment in actions for legal separation based on
the same principle eh8 .t is a one-sided story and collusion or
connivance between the parties is possible.
-o!o-
><4