Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
Branch 62, Makati City

RODOLFO V. PUNO
Plaintiff,

-versus- Civil Case No. 17-00841CV

VICTORIA F. GARCIA and All

Other Persons Claiming Rights
under Her
Defendants.

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MOTION FOR JUDGMENT

ON THE PLEADINGS

COMES NOW, RODOLFO V. PUNO, by counsel and unto this

Honorable Court, most respectfully avers:

1. On 15 February 2017, Plaintiff Puno filed a case of forcible

entry against Defendant Victoria F. Garcia.

2. Admittedly, while the case was inadvertently captioned

as Forcible Entry, it was already pointed out in a manifestation dated
11 April 2017 that the allegations in the body of the complaint, which
are more controlling, referred to unlawful detainer.

3. On 24 March 2017, Defendant Garcia filed an Answer to

the Complaint alleging (a) the Complaint was wrongly captioned; (b)
the Parties failed to allege that earnest efforts were exerted towards a
compromise.

4. Pursuant thereto, Sec. 1 of Rule 34 of the Rules of Court

provides:

Section 1. Judgment on the pleadings. 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. However, in
 actions for declaration of nullity or annulment of
marriage or for legal separation, the material facts
alleged in the complaint shall always be
proved. [Emphasis supplied]

5. Here, a careful perusal of the records show that the

Answer failed to tender an issue, considering that no specific denial
of the material allegations in the Complaint were made.

6. Furthermore, as the Answer merely pointed out the

purported failure of the parties to exert earnest efforts towards
compromise between family members, all other defenses and/or
denials are deemed waived.

PRAYER

WHEREFORE, premises considered, Plaintiff prays that for the

failure of Defendants Answer to tender a material issue, this
Honorable Court render a judgment on the pleadings.

LEGASPI BARCELO AND SALAMERA LAW OFFICES

(LEBARSA LAW)
Unit 5E, Future Point 3, 111 Panay Avenue Quezon City 1100
Philippines
Telefax 961-2158 lebarsalaw@gmail.com

by:

RODVICK J. ABARCA
Counsel for the Plaintiff
PTR No. 2868174-C-01/13/17
IBP No. 1006038 Manila Chapter III 01/12/17
Attorneys Roll No. 61036
MCLE Compliance V -0023214 08/04/16 until 4/19/17
09177198677

NOTICE OF HEARING

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THE BRANCH CLERK OF COURT
MeTC-Branch 62
Makati City

ATTY. GOLDA JULIA S. GAPUZ

Counsel for Defendant
Unit 314 Danarra Condominium,
Metropolitan Ave., Brgy. De La Paz,
Makati City

Greetings!
Please take notice that the undersigned counsel shall submit the
foregoing motion for the kind consideration and approval of this
Honorable Court on May 9, 2017 at 8:30 in the morning.

Copy furnished to:

ATTY. GOLDA JULIA S. GAPUZ

Counsel for Defendant
Unit 314 Danarra Condominium,
Metropolitan Ave., Brgy. De La Paz,
Makati City

EXPLANATION

The foregoing Motion is served to the office of herein addressee

via LBC due to time, distance and personnel constraints.

Rodvick J. Abarca

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