We note that the propriety of rendering judgment on the pleadings is one of the matters which must be considered by the court during the pre-trial conference. Any action of the court on a motion for judgment on the pleadings shall not be subject of an appeal or petition for certiorari, prohibition or mandamus.The court motu proprio may also render a judgment on the pleadings.

In such a case, the motion shall be subject to the provisions of Rule 15, including the new provision hearing is discretionary even for litigious motions. The adverse party may file a motion for judgment on the pleadings.Both sections, when read together, provide that: ADDITIONAL PROVISIONSĪ new Section 2 has been added in the 2019 Amendments. An Answer would “fail to tender an issue” 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. The 2019 Amendments does not include an explanation of the phrase “fails to tender an issue”.

In such cases, the material facts alleged in the complaint shall always be proved. Section 1 also provides that there is a judgment on the pleadings is not available in actions for declaration of nullity or annulment of marriage.

otherwise admits the material allegations of the adverse party’s pleading.

Section 1 provides that the court, on motion of the adverse, may direct judgment on the pleadings if the Answer:

Motion for judgment on the pleadings