PARTIES’ REMEDIES AFTER ANSWER IS FILED
The following are the remedies available to the parties after an answer is filed:
1. File a Motion for Judgment Based on Pleadings;
2. File a Motion for Summary Judgment; or
3. (Defendant) to file Motion for Preliminary Hearing on his affirmative defense asserted in the answer (under Section 6, Rule 16, 1997 Revised Rules of Civil Procedure).
I. FILE A MOTION FOR JUDGMENT BASED ON PLEADINGS
A. The rule
Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading, the court may, on motion of that party, direct judgment on such pleading. xxx xxx xxx (Section 1, Rule 34, 1997 Revised Rules of Civil Procedure).
B. Concept
Judgment on the pleadings is improper when the answer to the complaint tenders several issues. It is proper when the answer admits all the material averments of the complaint. But where several issues are properly
tendered by the answer, a trial on the merits must be resorted to in order to afford each party his day in court (Municipality of Tiwi, vs. Betito, ).
Where a motion for judgment on the pleadings is filed, the essential question is whether there are issues generated by the pleadings.
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. The answer would fail to tender an issue, of course, if it does not deny the material allegations in the complaint or admits said material allegations of the adverse party’s pleadings by confessing the truthfulness thereof and/or omitting to deal with them at all (Tan v. De la Vega,).
When what is left are not genuinely issues requiring trial but questions concerning the proper interpretation of the provisions of some written contract attached to the pleadings, judgment on the pleadings is proper (Philippine National Bank vs. Utility Assurance & Surety Co., Inc.,).
A motion for judgment on the pleadings admits the truth of all the material and relevant allegations of the opposing party and the judgment must rest on those allegations taken together with such other allegations as are admitted in the pleadings. It is proper when an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading.
However, when it appears that not all the material allegations of the complaint were admitted in the answer for some of them were either denied or disputed, and the defendant has set up certain special defenses which, if proven, would have the effect of nullifying plaintiff’s main cause of action, judgment on the pleadings cannot be rendered (Municipality of Tiwi, vs. Betito,).
The trial court has the discretion to grant a motion for judgment on the pleadings filed by a party if there is no controverted matter in the case after the answer is filed. A judgment on the pleadings is a judgment on the facts as pleaded, and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes (Sunbanun vs. Go,).
If it is the defendant who moves for a judgment on the pleadings without offering proof as to the truth of her own allegations and without giving plaintiff the opportunity to introduce evidence, defendant is deemed
to have admitted the material and relevant averments of the complaint, and to rest her motion for judgment based on the pleadings of the parties (Rodriguez vs. Llorente,).
If the plaintiff asks the court for judgment on the pleadings and defendant has consented to it, and if judgment is not favorable to the defendant, he can no longer question the validity of the judgment. In Tropical Homes, Inc. vs. CA, , the High Court said:
“As to the amount of damages awarded as a consequence of this violation of plaintiff’s rights, the lower court based its award from the allegations and prayer contained in the complaint. The defendant, however, questions this award for the reason that, according to the defendant, the plaintiff, in moving for judgment on the pleadings, did not offer proof as to the truth of his own allegations with respect to the damages claimed by him, and gave no opportunity for the appellant to introduce evidence to refute his claims. We find this objection without merit. It appears that when the plaintiff moved to have the case decided on the pleadings, the defendant interposed no objection and has practically assented thereto. The defendant, therefore, is deemed to have admitted the allegations of fact of the complaint, so that there was no necessity for plaintiff to submit evidence of his claim.”
If the court can resolve the issues presented by the complaint and the answer can be resolved within the four corners of said pleadings without need to conduct further hearings, and what remains to be done is the proper interpretation of the contracts or documents attached to the pleadings, then judgment on the pleadings is proper (Pacific Rehouse Corporation vs. EIB Securities, Inc.,).
In an action for sum of money and defendants have admitted that they obtained the loan; have admitted the due execution of the loan documents and their receipt of the demand letter made by the plaintiff, and only issue is whether the obligation is matured or not, the High Court held that the case can be decided summarily, because when plaintiff made its
demand, the obligation matured. The matter proferred as a defense could be resolved judiciously by plain resort to the stipulations in the promissory note (Wood Technology vs. Equitable Bank,).
II. FILE A MOTION FOR SUMMARY JUDGMENT