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Ceballos Bar Trends’

One–Sentence Answer Mentoring
(OSAM)
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answers

YOUR FREE EXERCISE

Spouses Dondon and Donna Dumdum owned a residential lot in Dapitan
City. Doy Dogan bought said lot and took possession thereof with the
promise to pay the purchase price of PhP 2 million within a period of six
(6) months. After receiving only PhP 500,000.00, Spouses Dumdum
executed the deed of absolute sale and transferred the title to Doy
Dogan. The balance was not paid at all. Spouses Dumdum, through
counsel, sent a demand letter to Doy Dogan for him to pay the balance of
PhP 1.5 million plus interest of PhP150,000.00 Doy Dogan responded in a
letter by saying that "while the remaining balance is admitted, the
interest charged is excessive.” There being no payment, Spouses
Dumdum filed with the RTC of Dapitan City a complaint for reconveyance
with damages against Doy Dogan.

2018 – QUESTION NO. 8

In his answer, Doy Dogan raised, by way of affirmative defense, that the
purchase price had been fully paid and for this reason the complaint
should have been dismissed. Spouses Dumdum then filed a motion for
judgment on the pleadings which was granted by the RTC of Dapitan City.
The Court awarded PhP1.5 million actual damages representing the
balance of the purchase price, PhP 200,000.00 as moral damages, PhP
200,00.00 as exemplary damages, PhP 90,000.00 as interest, PhP
50,000.00 as attorney's fees, and PhP 5,000.00 as cost of suit.

Was it proper for the RTC of Dapitan City to grant the motion for
judgment on the pleadings?

2018 – QUESTION NO. 8

IRRELEVANT FACTS
IRRELEVANT FACTS
RELEVANT FACTS
RELEVANT FACTS
Pertinent Issue(s) as per
Question
Re-stated Issue(s)
Magic Words/Phrases
Legal Basis as per UPLC’s
Suggested Answer
No, it was improper for the RTC of Dapitan City to
grant the motion for judgment of the pleadings.
Rule 34 of the Rules of Court states that a
judgment on the pleadings is proper where an
answer failed to tender an issue or otherwise
admits the material allegations of the adverse
party’s pleading.

UPLC Suggested Answer

In this case, Doy Dogan alleged that he paid the
purchase price in full, contrary to Spouses Dumdum’s
allegation that Doy Dogan did not pay the balance of
Php1.5 Million.
He tendered an issue in his answer as to whether or
not he has an outstanding unpaid balance with
Spouses Dumdum. The answer claims that the
purchase price has been fully paid; hence, a
judgment on the pleadings was improper.

UPLC Suggested Answer

Your One–Sentence
Answer
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