Counsel A objected to a question posed by opposing Counsel B on the grounds that it was hearsay and it assumed a fact not yet established. The judge banged his gavel and ruled by saying “Objection Sustained”. Can Counsel 8 ask for a reconsideration of the ruling? Why? (5%)
Plaintiff files a request for admission and serves the same on Defendant who fails, within the time prescribed by the rules, to answer the request. Suppose the request for admission asked for the admission of the entire material allegations stated in the complaint, what should plaintiff do? (5%)
Suggested answer only. Not an official answer and not legal advice.
Counsel B may ask for reconsideration of the ruling; while the plaintiff should file a Motion for Judgment on the Pleadings. Under Sec. 38, Rule 132 of the Rules of Court, a ruling sustaining an objection based on two or more grounds must
Unlock the full Remedial Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the legal duty of a trial judge under Rule 132 when an objection is based on multiple grounds?
Section 38 of Rule 132 requires the trial judge to specify the particular ground relied upon when ruling on multi-ground objections.
What is the procedural effect when a party fails to answer a Request for Admission within the period prescribed by Rule 26?
Under Rule 26, failure to respond to a request for admission within the prescribed period results in an implied admission of the requested facts.
What motion should a plaintiff file when a defendant's implied admission under Rule 26 covers all material allegations of the complaint?
When all material allegations are admitted via implied admission under Rule 26, the proper remedy is a Motion for Judgment on the Pleadings under Rule 34.
Why may opposing counsel move for reconsideration when a judge merely rules 'Objection Sustained' on a two-ground objection?
Choices available with full access.
Under Rule 34 of the Rules of Court, when is a Motion for Judgment on the Pleadings proper?
Choices available with full access.
Learn more about these topics
1. Ruling on Objections
Under Section 38, Rule 132 of the Rules of Court, when an objection is made on two or more grounds, the trial judge in ruling upon the objection must specify the particular ground or grounds relied upon. A generic ruling stating only 'Objection Sustained' fails to clarify which objection ground was sustained by the court. Consequently, opposing counsel is entitled to ask the court for clarification and move for a reconsideration of the ruling to determine how to properly proceed with the examination of the witness.
2. Request for Admission
Under Rule 26 of the Rules of Court, each of the matters of which an admission is requested is deemed admitted unless the party to whom the request is directed serves a sworn statement denying the matters or setting forth reasons why he cannot admit or deny them within the period specified. Implied admission automatically occurs upon the expiration of the designated period without a response, effectively removing those factual matters from the realm of contested issues in the litigation.
3. Judgment on Pleadings
Where a request for admission served by the plaintiff covers all the material allegations of the complaint, the defendant's failure to respond within the prescribed period results in an implied admission of the entire cause of action. Because all material allegations of the complaint are deemed admitted and no factual issues remain to be tried, the plaintiff may properly file a Motion for Judgment on the Pleadings under Rule 34 of the Rules of Court to obtain a final judgment based on the admitted pleadings.