Exceptions1.

If it is clear and indubitable from the findings of fact in

RULE 36: JUDGMENTS, FINAL ORDERS, & ENTRY

THEREFOF

the opinion that there was a mistake in the fallo.

2. There is an explicit discussion and settlement of the

RENDITION OF JUDGMENTS, AND FINAL ORDERS:

1. Must be in writing.

issue found in the body which is different from that in the fallo.
Special Forms of Judgments:

2. Personally and directly prepared by the judge.

3. Stating clearly and distinctly the facts and law on which it is based.
4. Signed by the judge.
5. Filed with the clerk of court.

Fallo:
Dispositive portion which actually constitutes the judgment or
order, which can subject of execution.

1. J. by default (rule 9 sec. 3)

2. J. on the pleadings (rule 34)
3. Summary J.(rule 35)
4. Several J. (rule 36 sec. 4)
5. Separate J. (rule 36 sec. 5)
6. J. for specific acts (rule 39 sec. 10)
7. Special J. (rule 39 sec. 11)
8. J. upon confession
9. J. upon compromise, or on consent or agreement
10. Clarificatory J.
11. J. nunc pro tunc
Judgment nunc pro tunc (now for then): rendered to enter or record such

Ratio Decidendi:

judgment as had been formerly rendered but has not been entered

Reason for the decision or order.

as thus rendered.
Rendition of Judgement:

filing of the signed decision with the clerk of court.

Conflict between fallo and ratio decidendi:

General rule- the latter is controlling irrespective of what appears
in the body.

If decision is sent by the judge through registered mailconsidered filed

at date of receipt.

Judgment outside the issues of the case and adjudicating on something

3. Entry must contain the fallo of the judgment and signed by the clerk with
certificate that such judgment has become final and executory.

which the parties were not heard is invalid.

Judgment contrary to express provision of law is erroneous but not void.

For once it becomes final and executory it is binding and effective and be
enforced as valid judgment.

Clarificatory Judgement:

SEVERAL JUDGMENTS
Court may render judgment against one or more of them, leaving the
action to proceed against others.

when judgment is ambiguous and difficult to

comply with, filing motion for clarificatory judgment is the

SEPARATE JUDGMENTS
Court may render separate judgment disposing a claim and terminates the

remedy.

action with respect to such claim. The action will proceed as to remaining claims.
The court may also order the stay of its enforcement until rendition of subsequent
judgments.
Exceptions to the rule that final judgments may no longer be modified:

ENTRY OF JUDGEMENT AND FINAL ORDERS:

1. No appeal, motion for new trial or reconsideration is filed within the time
provided.
2. Entered in the book of entries of judgments by the clerk of court. Date of
finality is the date of entry.

1.
2.
3.
4.

Correction of clerical errors.

Nunc pro tunc
Void judgments.
Circumstances transpire after finality which will make the execution
unjust and inequitable.