This case has been cited 2 times or more.
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2010-07-09 |
DEL CASTILLO, J. |
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| A motion for judgment on the pleadings admits the truth of all the material and relevant allegations of the opposing party and the judgment must rest on those allegations taken together with such other allegations as are admitted in the pleadings.[14] It is proper when an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party's pleading.[15] However, when it appears that not all the material allegations of the complaint were admitted in the answer for some of them were either denied or disputed, and the defendant has set up certain special defenses which, if proven, would have the effect of nullifying plaintiff's main cause of action, judgment on the pleadings cannot be rendered.[16] | |||||
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2010-02-02 |
CARPIO, J. |
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| Petitioner, in moving for a judgment on the pleadings without offering proof as to the truth of her own allegations and without giving respondent the opportunity to introduce evidence, is deemed to have admitted the material and relevant averments of the complaint, and to rest her motion for judgment based on the pleadings of the parties.[10] As held in Tropical Homes, Inc. v. CA:[11] | |||||