RULE 33

Demurrer to Evidence

Section 1. Demurrer to evidence. — After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal
on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied he shall have the right to present
evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present
evidence. (1a, R35)

RULE 34

Judgment on the Pleadings

Section 1. 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. (1a, R19)

RULE 35

Summary Judgments

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

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

Section 3. Motion and proceedings thereon. — The motion shall be served at least ten (10) days before the time specified for the hearing. The
adverse party may serve opposing affidavits, depositions, or admissions at least three (3) days before the hearing. After the hearing, the
judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions, and admissions on file, show that, except as to
the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
(3a, R34)

Section 4. Case not fully adjudicated on motion. — If on motion under this Rule, judgment is not rendered upon the whole case or for all the
reliefs sought and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by
interrogating counsel shall ascertain what material facts exist without substantial controversy and what are actually and in good faith
controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which
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. (4a, R34)

Section 5. Form of affidavits and supporting papers. — Supporting and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and 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 6. Affidavits in bad faith. — Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are
presented in bad faith, or solely for the purpose of delay, the court shall forthwith order the offending party or counsel to pay to the other party
the amount of the reasonable expenses which the filing of the affidavits caused him to incur including attorney's fees, it may, after hearing
further adjudge the offending party or counsel guilty of contempt. (6a, R34)

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)

RULE 37

New Trial or Reconsiderations

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.

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)

RULE 38