The CA held that the trial court cannot treat Adolfo’s motion for judgment on the pleadings as one for summary judgment. Her appeal was favourably acted upon by the CA. She also asks the court to submit to the findings of the CA in Civil Case 2683 finding the property to be paraphernal. Going back to Civil Case MAN-4821 Fe appealed to the CA saying that the TC was wrong in treating his motion for judgment on the pleadings as one for summary judgment. MAN-2683 The Gingoyon’s appeal to the CA, was resolved in their favour, the CA ruling that the property is paraphernal property as established by the records and the evidence. With Fe’s failure to provide a verified answer or denial under oath to the request for admission of the documents, she is deemed to have admitted the genuineness of the same. MAN-2683 that the property is conjugal property. It ruled that judicial separation was proper, taking judicial notice of its decision in Civil Case No. The RTC granted the motion by Teofilo, treating it as a motion for summary judgment. Fe opposed the motion, arguing that the decision, was the subject of an appeal, had not yet become final. Fe failed to answer the Request for Admission, hence, Teoflio filed a motion to render judgment on the pleadings, alleging that since Fe failed to answer the request for admission, the matters included in the request are deemed admitted pursuant to Rule 26, Section 2 of the Rules of Court, he is now entitled to judgment on the pleading based on Rule 34. MAN-4821 Teofilo filed a Request for Admission of (among others) respondent’s declaration in said Answer that the subject property constituted conjugal property of the marriage and the trial court’s pronouncement in said case that the subject property forms part of the conjugal estate. The RTC ruled in favour of Fe and declared it conjugal property, hence, the Gingoyons appealed to the CA. This time, Fe alleged that the property was conjugal, and the sale was made without the signature of Teofilo, hence it was null and void. CIVIL CASE MAN-2683 Fe’s sister Florencia and her husband Juanito (Gingoyons) filed a civil case for partition with damages, alleging that in 1988, Fe sold a 300-square meter lot portion of the lot to the spouses Gingoyon, but that the former refused to subdivide it. In her answer, Fe alleged that the property is not conjugal, but paraphernal property belonging to her. ADOLFO SUMMARY:ĬIVIL CASE MAN-8241 Teofilo Adolfo filed a petition for judicial separation of property against his wife, Fe, alleging that they bought with conjugal funds because they have been separated in fact and reunion is now an impossibility due to irreconcilable differences.
| Motion for Judgment on the Pleadings | Clyde Tan PETITIONERS:
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