Philippine Bar review · Topic
Judgment on the Pleadings (Rule 34)
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- If the answer raises an ostensible issue whose alleged sham character must be established through supporting materials,…
- The pleadings contain no ostensible factual issue and otherwise satisfy Rule 34. The defendant demands pretrial solely …
- An answer raises an affirmative defense. The claimant relies on supporting material to show that defense is sham and se…
- Counsel cites Laqui as holding that the actual lower-court judgment was correctly characterized as judgment on the plea…
- A defendant genuinely lacks sufficient knowledge of an allegation and makes a denial in the manner Rule 8 authorizes. T…
- Distinguish no ostensible issue in the pleadings from an ostensible issue shown to be sham.
- Explain Laqui’s actual correction of the lower courts’ judgment category.
- Why does absence of pretrial not necessarily invalidate a proper judgment on the pleadings?