G.R. No. 104266 - Province of Pangasi vs. Court of Appeals

A partial summary judgment is classified as merely interlocutory and not a final judgment.
This classification is supported by Section 4 of Rule 34 of the Rules of Court, which outlines the procedure for cases not fully adjudicated on motion.
The court is required to ascertain material facts that are undisputed and those that are genuinely contested, leading to an order that specifies these facts for further proceedings.
The established facts from the partial summary judgment are deemed established for the subsequent trial.

Appeals from partial summary judgments must be taken together with the final judgment rendered after a full trial on the merits.
The trial court and the Court of Appeals incorrectly relied on Section 5 of Rule 36, which pertains to general judgments, rather than the specific provisions for partial summary judgments.
Execution of a partial summary judgment is not permissible as it does not dispose of the action, in accordance with Section 1 of Rule 39 of the Rules of Court.

Private respondent Rogelio R. Coquial filed a complaint against the Province of Pangasinan and Governor Rafael M. Colet for unpaid contract amounts related to road improvement.
The complaint detailed the completion of Phase I of the project and the outstanding balance owed, as well as the partial completion of Phase II.
Coquial sought payment for the remaining balance, damages, and attorney's fees.

Coquial filed a motion for partial summary judgment for the unpaid balance, which the trial court granted.
Petitioners sought extensions to file a motion for reconsideration, which were granted, but ultimately their motion was denied.
The trial court issued a writ of execution and garnished petitioners' bank accounts, leading to a petition for certiorari before the Court of Appeals.

The Court of Appeals denied the petition for certiorari and mandamus, stating that the motion for extension did not interrupt the appeal period.
The court ruled that the partial summary judgment had become final and executory due to the failure to file a timely motion for reconsideration.
Petitioners filed a motion for reconsiderati...continue reading