3. How Rendered (Rule 36)

d) AFFIDAVITS AND ATTACHMENTS

4. RENDITION OF JUDGMENTS AND FINAL ORDERS (Rule 36)

Rendition of a judgment

The filing of the signed decision with the clerk of court. (Riano, 2014, p. 583)

NOTE: It is not the writing or signing of the judgment which constitutes rendition of the judgment. (Castro v. Malazo, A.M. No. 1237-CAR, 1980)

A case is deemed SUBMITTED FOR RESOLUTION upon the filing of the last pleading, brief or memorandum required by the Rules of Court or by the court.

Even if the judgment has already been put in writing and signed, it is STILL subject to amendment if it has not yet been filed with the Clerk of Court.

A judgment is considered RENDERED upon the FILING of the signed decision with the Clerk of Court. This includes an amended decision because an amended decision is a distinct and separate judgment and must follow the established procedural rule.

JUDGMENT ON THE MERITS

Judgment rendered after consideration of the evidence submitted by the parties during the trial of the case.

SEVERAL JUDGMENTS

Judgment rendered by a court, when proper, against one or more defendants and NOT against all of them leaving the action to proceed against the others. (Rule 36, Sec. 4)

SEPARATE JUDGMENT

Judgment rendered to dispose of one of the several claims for relief presented in an action. (Rule 36, Sec. 5)

Exceptions:

Despite an answer being filed, a JUDGMENT BY DEFAULT may still be rendered in the following circumstances:

• If a party refuses to obey an order requiring him to comply with the various modes of discovery; or
• If a party or officer or managing agent of a party willfully fails to appear before the officer who is to take his deposition.
• If a defendant fails to appear at the pre-trial, the plaintiff is allowed to present his evidence ex parte and the court shall render judgment on the basis thereof.
• The failure of a defendant to file the pre-trial brief warrants the same effect as failure to appear at pre-trial.