Rules 33-36

• demurrer to evidence


  A motion to dismiss on the ground of insufficiency of the evidence
• Demurrer to evidence

  • Available to the defendant after the plaintiff has completed the presentation of their evidence
  • Defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief
• The denial of demurrer to evidence does not deprive the defendant of the opportunity to present evidence
• If demurrer to evidence is granted, the case shall be dismissed
• If demurrer to evidence is denied, the defendant may proceed to present their evidence
• In a criminal case, the accused can only present evidence if the mirror is filed with leave of court
• Judgment on the pleadings


  A judgment that is exclusively based on the submitted pleadings without the introduction of any evidence
• Judgment on the pleadings

  • Grounds: 1) Answer fails to tender an issue 2) Answer admits the material allegations of the adverse party's pleading
• Judgment on the pleadings cannot be rendered by the court motu proprio, it requires a prior motion by the claiming party
• Judgment on the pleadings shall not apply in actions for declaration of nullity of marriage, annulment of marriage, and legal separation
• Summary judgment

  An accelerated judgment where the court finds that there is no genuine issue as to any material fact
• Summary judgment

  • Proper where there is absence of a genuine factual issue
  • Not proper where there are factual issues to be resolved by presentation of evidence
• The party moving for summary judgment has the burden of demonstrating the absence of any genuine issue of fact
• Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for certiorari, prohibition or mandamus
• Judgment on the pleadings

  Based on the pleadings alone
• Summary judgment

  Based on supporting affidavits, depositions or admissions
• A judgment is the final ruling by a court of competent jurisdiction regarding the rights or other matters submitted to it in an action or proceeding
• Courts can only consider facts and issues pleaded by the parties, they cannot substitute their own personal knowledge for evidence
• All cases filed must be decided or resolved by the Supreme Court within 24 months from the date of their submission for decision, and by lower courts within 12 months for lower collegiate courts and 3 months for all other lower courts
• Supreme Court

  Cases must be decided or resolved within 24 months from the date of their submission for decision
• Lower Collegiate courts

  Cases must be decided or resolved within 12 months
• Other lower courts

  Cases must be decided or resolved within 3 months
• Case submission for resolution

  Upon the filing of the last leading brief or memorandum required by the rules of court or by the court in cases where the court allows the filing of memoranda
• No further orders announcing the submission of the case per decision is necessary before they are submitted for decision
• Extension of period to render decision

  May be set by the Supreme Court upon the request by the judge on account of heavy case load or by other reasonable excuse
• Without an extension granted by the Supreme Court, a delay in the disposition of cases amounts to gross inefficiency on the part of the judge
• Judgment or final order

  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 the judge, and filed with the clerk of court
• Judge who did not hear the evidence

  As a rule, it is not necessary that the judge who heard the evidence be the same judge who shall pen the decision
• A decision penned by a judge after his retirement cannot be validly promulgated and cannot acquire legal effect
• A decision penned by a judge during his incumbency cannot be validly promulgated after his retirement
• Conflict between dispositive portion and body of the decision

  As a rule, the dispositive portion (the final order) controls, but there are exceptions where the body of the decision will prevail
• Resolutions of the Supreme Court denying petitions for review of decisions of the Court of Appeals are not decisions within the purview of the Constitution
• A petition to review the decision of the Court of Appeals is not a matter of right but of sound judicial discretion
• A minute resolution issued by the Supreme Court in denying or dismissing a petition or motion for reconsideration for lack of merit means the challenged decision or order, together with all its findings of fact and legal conclusions, are deemed sustained
• The court has ample discretion to formulate terse, extended resolutions or even minute resolutions, as long as a legal basis exists
• Interlocutory order


  An order that does not finally dispose of the case and does not end the court's task of adjudicating the parties' contentions and determining their rights and liabilities
• The proper remedy to question an improvident interlocutory order is a petition for certiorari under Rule 65, not an appeal under Rule 45
• Memorandum decision

  A decision rendered by the Appellate Court that incorporates by reference the findings of fact and conclusions of law of the lower court, with a statement attached that provides direct access to the facts and law being adopted
• Rendition of judgment

  The filing of the signed decision with the clerk of court, not the mere pronouncement of the judgment in open court
• Entry of judgment and final orders

  If no appeal or motion for a new trial or reconsideration is filed within the time provided, the judgment or final order shall be entered by the clerk in the book of entries of judgment, and the date of finality shall be deemed the date of its entry