PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
4.2 Early Judgment Applications A party may avail of certain modes to resolve all or some issues without a full-blown trial.
• the time spent and the extent of the services rendered; • the novelty or difficulty of the issues involved; • the skill, expertise and experience of the lawyer; • the probability of losing other engagements as a result of accepting the case; and • the quantitative and qualitative value of the client’s interest in the engagement.
The plaintiff may file a motion for: • judgment on the pleadings; or • a motion for summary judgment.
Judgment on the pleadings is proper “where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading.” Summary judgment, mean- while, is granted when “the pleadings, support- ing affidavits, depositions and admissions on file, show that, except as to the amount of dam- ages, there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law”. On the other hand, the defendant may: • file a motion to dismiss the complaint; or • assert affirmative defences in their answer. The defendant may file a motion to dismiss on the following grounds: • that the court has no jurisdiction over the subject matter of the claim; • the pendency of another action between the same parties for the same cause; and • that the cause of action is barred by a prior judgment or by prescription. Another option for the defendant is to assert affirmative defences in their answer, which include (among others): • the same grounds as may be raised in a motion to dismiss;
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
Before trial on the merits, parties may avail of provisional remedies to preserve certain rights or properties and to ensure that the final order of the court will not be rendered nugatory by the actions of the parties in the interim. Among the remedies available are preliminary attachments and preliminary injunctions. A preliminary attachment generally intends to preserve assets of the defendant, to ensure that any favourable monetary judgment or award in favour of the plaintiff will be satisfied. An attach- ment places the assets under the constructive control of the court and cannot be disposed of by the defendant pending litigation. A preliminary injunction ensures that the status quo prior to the start of the dispute is maintained pending litigation, to prevent grave irreparable injury to the applicant. Please see also 4.2 Early Judgment Applica- tions , 5.1 Discovery and Civil Cases , 6.1 Cir- cumstances of Injunctive Relief and 7.2 Case Management Hearings .
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