RULE 33 A: At any time after the pleading in answer thereto has been
served,
Demurrer to Evidence
Section 1. Demurrer to evidence.
Q: What may the defendant do After the plaintiff has
completed the presentation of his evidence?
A: The defendant may move for dismissal.
Q: On what ground?
A: On the ground that upon the facts and the law the plaintiff
has shown no right to relief.
Q: What If his motion is denied?
A: He shall have the right to present evidence.
Q: What If the motion is granted but on appeal the order of
dismissal is reversed?
A: He shall be deemed to have waived the right to present
evidence.
RULE 34
Judgment on the Pleadings
Section 1. Judgment on the pleadings.
Q: What happens where an answer fails to tender an issue, or
otherwise admit the material allegations of the adverse party's
pleading?
A: Upon motion of that party, he court may direct judgment on
such pleading.
Q: Is that rule absolute?
A: No. 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.
RULE 35
Summary Judgments
Section 1. Summary judgment for claimant.
Q: What must a party seeking to recover upon a claim,
counterclaim, or cross-claim or to obtain a declaratory relief
may do?
A: Such party may move for a summary judgment in his favor
upon all or any part thereof with supporting affidavits,
depositions or admissions.
Q: When may he do such action?
Section 2. Summary judgment for defending party.
Q: What must A defending party (against whom a claim,
counterclaim, or cross-claim is asserted or a declaratory relief
is sought) do to avail of a summary judgment?
A: He may, move with supporting affidavits, depositions or
admissions for a summary judgment in his favor as to all or
any part thereof.
Q: When may he do the such?
A: At any time
Section 3. Motion and proceedings thereon.
Q: When must the motion for summary judgment be served?
A: At least ten (10) days before the time specified for the
hearing.
Q: When must the adverse party serve the opposing
affidavits, depositions, or admissions?
A: At least three (3) days before the hearing.
Q: When will judgment sought be rendered?
A: After the hearing, the judgment sought shall be rendered
forthwith if the pleadings, supporting affidavits, depositions,
and admissions on file show that 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.
Q: Is there an exception?
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)