I.

Distinguish between Motion for Judgment on the pleadings and Motion for Summary
Judgment on the basis of the following:

a) Period to file
b) Who will file
c) Grounds for filing
d) Requisites for filing
II. Distinguish between
a) Motion to dismiss under Rule 16 and Dismissal of Actions under Section 3, Rule
17 of the 1997 Rules of Civil Procedure.
b) Motion for Judgment on the Pleadings and Motion for Summary Judgment.
 A Motion for Judgment on the Pleadings is proper when it appears that
there is no genuine connection between the parties, while a Motion For
Summary Judgment is proper even if there is an issue as to the amount of
damages recoverable;
 A motion for Judgment on the Pleadings is based exclusively upon the
pleadings without the introduction of evidence, while a Motion For
Summary Judgment is based not only on the pleadings but also upon the
affidavits, depositions, and admissions of the parties showing that, except
as to the amount of damages, there is no genuine issue; and
 In a proper case for judgment on the pleadings, there is no ostensible issue
at all because of the failure of the defending party’s answer to raise an
issue. On the other hand, in the case of a summary judgement, issues
apparently exist—i.e., facts are asserted in the complaint regarding which
as there is no admission, disavowal or qualification; or specific denials or
affirmative defenses are in truth set out in the answer—but the issues thus
arising from the pleadings are sham, fictitious, or not genuine, as shown
by the affidavits, depositions, or admissions.
c) Motion for New Trial and Motion for Reconsideration.
 Motions for New Trial and Reconsideration differ primarily in the
grounds, on the basis of which, the motions are filed. The grounds for a
Motion for New Trial as provided by the Rules are:
( 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 or produced at the trial, and which if presented would probably
alter the result. On the other hand, the Grounds for a Motion for
Reconsideration are the following: (1)that the damages awarded are
excessive; (2) that the evidence is insufficient to justify the decision or
final order; or (3) that the final order is contrary to law.
d) Petition for Relief from Judgement under Rule 38 and Petition for Annulment of
Judgment under Rule 47.
 PETITION FOR ANNULMENT OF
RELIEF FROM JUDGMENTS OR
JUDGMENT FINAL ORDERS AND
(RULE 38) RESOLUTIONS
(RULE 47)
As to time for filing filed within 60 days after Filed within 4 years from
the petitioner learns of the discovery of the fraud,
the judgment, final order, or if based on lack of
or other proceeding to be jurisdiction, the action
set aside, and not more may be filed before it is
than 6 months after such barred by estoppel or
judgment or final order laches.
was entered, or such
proceeding was taken.
As to ground Fraud, accident, mistake Lack of jurisdiction or
or excusable negligence. extrinsic fraud.
As to where filed Filed with the court that Filed with the appellate
rendered the judgment. court.
As to effect of grant of The judgment shall be Where the petition is
the petition set aside and the case grounded on lack of
shall stand as if such jurisdiction, the judgment
judgment has never been shall be set aside and the
rendered. original action may be
refiled in the proper court.

e) Petition for Review under Rule 42 and Petition for Review under Rule 43 of the
1997 Rules of Civil Procedure.
III. What are the requisites of a valid judgment? What is meant by “Fresh Period Rule”?
 The judgment should be: (a) in writing; (b) personally and directly
prepared and signed by the judge; and (c) contain clearly and distinctly a
statement of the facts and the law upon which it is based.
 Fresh Period Rule
IV. Distinguish a final order and Interlocutory order and give 2 examples for each.
V. Distinguish between Execution as provided under Section 1 and Section 2 of Rule 39,
Rules of Court on the basis of the following:
EXECUTION IN EXECUTION IN
SECTION 1, RULE 39 SECTION 2, RULE 39
As to nature As matter of right.
When to file After the lapse of the
appeal period.
Where to file
Ground for filing
Requisites for filing
 a) As to nature
VI. Distinguish the following from each other:
a) Attachment
b) Levy
c) Garnishment
VII. Distinguish between a third-party complaint and third-party claim
VIII. Distinguish between a Sheriff’s Certificate of Sale and Final certificate of Sale.
IX. Explain the effects of the judgments or final orders in the following:
a) Judgments or final order against a specific thing, or actions in rem;
b) Judgment or final order in matters directly adjudged or in actions in personam;
c) In any other litigation between the same parties or their successors in interest or
conclusiveness of judgment.
X. State the mode of appeal in the following:
a) Decision of the Regional Trial Court in the exercise of its appellate jurisdiction
b) Decision of the Regional Trial Court in the exercise of its original jurisdiction
c) Cecision of the Regional Trial Court on pure questions of law