Province of Pangasinan v. Court of Appeals
REITERATIONFacts
1. The Antecedents: Private respondent Rogelio R. Coquial filed a complaint against petitioners Province of Pangasinan and Provincial Governor Rafael M. Colet for the payment of outstanding balances on a contract for road improvement. Coquial alleged that Phase I of the project was 100% complete and accepted, with a remaining unpaid balance of P1,854,083.20. He also claimed 60% completion of Phase II, with a cost of P1,000,000.00, for which payment was refused as petitioners decided not to pursue the project further. Coquial sought payment of these amounts, plus damages and attorney's fees. 2. Procedural History: Private respondent Coquial filed a motion for partial summary judgment for the P1,854,083.20 balance of Phase I, which the trial court granted on April 24, 1991. Petitioners sought reconsideration, filing a motion on May 27, 1991, after several extensions. The trial court denied this motion on July 15, 1991. Subsequently, the trial court granted Coquial's motion for execution of the partial summary judgment and denied petitioners' notice of appeal, deeming the April 24, 1991 resolution final and executory. This led to a writ of execution and garnishment of petitioners' bank account. Petitioners then filed a petition for certiorari and mandamus with the Court of Appeals, seeking to nullify the trial court's orders and compel the appeal to be given due course. The Court of Appeals denied this petition, ruling that the motion for extension to file a motion for reconsideration was void and did not interrupt the appeal period. 3. The Petition: Petitioners seek review of the Court of Appeals' decision and resolution, arguing that the trial court's April 24, 1991 resolution granting partial summary judgment was merely interlocutory and not a final judgment. They contend that, as per Section 4 of Rule 34 of the Rules of Court, such a judgment does not finally dispose of the action and therefore cannot be executed. They further argue that an appeal from a partial summary judgment should be taken together with the judgment rendered after a trial on the merits, and that the lower courts erred in relying on Section 5 of Rule 36. Petitioners invoke the ruling in Guevarra, et al. v. Court of Appeals, et al. to support their claim that the partial summary judgment was not final and executory, and thus the writ of execution and garnishment were void.
Issue(s)
Whether the partial summary judgment rendered by the trial court is a final and appealable judgment; and whether execution of the partial summary judgment was proper. Whether the trial court and the Court of Appeals erred in denying due course to the notice of appeal.
Ruling
The petition is granted. The questioned decision and resolution of the Court of Appeals are set aside. The trial court's orders dated September 3, 10, and 30, 1991 are likewise set aside.
Ratio Decidendi
On the nature and appealability of partial summary judgment, and its execution: The Court reiterated its stance that a partial summary judgment is merely interlocutory and not a final judgment, as provided in Section 4 of Rule 34. An appeal from a partial summary judgment shall be taken together with the judgment rendered after a trial on the merits of the entire case. Since a partial summary judgment does not finally dispose of the action, execution thereof shall not issue, in conformity with Section 1 of Rule 39. The issuance of a writ of execution and the garnishment of petitioners' bank account were therefore improper. On the denial of due course to the notice of appeal: The Court clarified that Rule 34 contemplates that an appeal from a partial summary judgment shall be taken together with the judgment rendered after a trial on the merits of the entire case. The trial court and the Court of Appeals erred in relying on Section 5 of Rule 36, which pertains to judgments in general, instead of the specific provisions governing partial summary judgments.
Main Doctrine
A partial summary judgment is merely interlocutory and not a final judgment. An appeal from a partial summary judgment must be taken together with the judgment rendered after a trial on the merits of the entire case. Execution cannot issue on a partial summary judgment as it does not finally dispose of the action.