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Judgment Without Trial

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Zuleira Parra
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48 views2 pages

Judgment Without Trial

Uploaded by

Zuleira Parra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Judgment Without Trial

Trial is not necessary in the following instances:

a. Judgment on the Pleadings [Rule 34]


b. Summary Judgment [Rule 35]
c. Upon compromise or amicable settlement, either during pre-trial or during trial [Rule 18; Art.
2028, Civil Code]
d. Dismissal with prejudice [Sec. 5, Rule 16; Sec. 3, Rule 17; Sec. 5, last par., Rule 7]
e. Under the Rules on Summary Procedure
f. Agreed statement of facts [Sec. 6, Rule 30]

Instances when there can be a Judgment without a trial

1. Where the pleadings of the parties tender no issue at all, a judgment on the pleadings may be
directed by the court (Rule 34);

2. Where from the pleadings, affidavits, depositions and other papers, there is actually no genuine issue,
the court may render a summary judgment (Rule 35);

3. Where the parties have entered into a compromise or an amicable settlement either during the pre-
trial or while the trial is in progress (Rule 18; Art. 2028, NCC);

4. Where the parties agree in writing, upon the facts involved in the litigation, and submit the case for
judgment on the facts agreed upon, without the introduction of evidence. If however, there is no
agreement as to all the facts in the case, trial may be held only as to the disputed facts (Sec. 6, Rule 30);

5. Where the complaint has been dismissed with prejudice (Sec. 5, Rule 16; Sec. 3, Rule 17; last. par.;
Sec. 5, Rule 7);

6. Where the civil case falls under the operation of the Rules on Summary Procedure (Rule 17);

7. When the case falls under the Rule on Small Claims.

Requisites of a valid judgment

1. The court or tribunal must be clothed with authority to hear and determine the matter before it;

2. The court must have jurisdiction over the parties and the subject matter;

3. The parties must have been given an opportunity to adduce evidence in their behalf;

4. The evidence must have been considered by the tribunal in deciding the case;

5. The judgment must be in writing, personally and directly prepared by the judge; and

NOTE: A verbal judgment is, in contemplation of law, not in esse, therefore, ineffective (Corpuz
v. Sandiganbayan, G.R. No. 162214, November 11, 2004).
6. The judgment must state clearly the facts and the law on which it is based, signed by the judge and
filed with the clerk of court (Sec. 1, Rule 36).

NOTE: This requirement refers to decisions and final orders on the merits not to those resolving
incidental matters (Pablo-Gualberto v. Gualberto, G.R. No. 154994, June 28, 2005).

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