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    Confession of Judgment

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    Shazna Sendico
    Confession of judgment has two forms under Philippine law: 1) cognotiv actionem, where the defendant authorizes the plaintiff to confess judgment for a claimed sum, and 2) relicta verification, where a not guilty plea is withdrawn and judgment is immediately issued. However, confession of judgments are void under Philippine law. Specifically, the Philippine Supreme Court ruled in PNB v Manila Oil Refining that confession of judgment notes are void as against public policy because they deny a person their right to due process and a day in court.

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    Confession of Judgment

    Uploaded by

    Shazna Sendico
    18 views1 page
    Confession of judgment has two forms under Philippine law: 1) cognotiv actionem, where the defendant authorizes the plaintiff to confess judgment for a claimed sum, and 2) relicta verification, where a not guilty plea is withdrawn and judgment is immediately issued. However, confession of judgments are void under Philippine law. Specifically, the Philippine Supreme Court ruled in PNB v Manila Oil Refining that confession of judgment notes are void as against public policy because they deny a person their right to due process and a day in court.

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    Confession of judgment has two forms under Philippine law: 1) cognotiv actionem, where the defendant authorizes the plaintiff to confess judgment for a claimed sum, and 2) relicta verification, where a not guilty plea is withdrawn and judgment is immediately issued. However, confession of judgments are void under Philippine law. Specifically, the Philippine Supreme Court ruled in PNB v Manila Oil Refining that confession of judgment notes are void as against public policy because they deny a person their right to due process and a day in court.

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    18 views1 page

    Confession of Judgment

    Uploaded by

    Shazna Sendico
    Confession of judgment has two forms under Philippine law: 1) cognotiv actionem, where the defendant authorizes the plaintiff to confess judgment for a claimed sum, and 2) relicta verification, where a not guilty plea is withdrawn and judgment is immediately issued. However, confession of judgments are void under Philippine law. Specifically, the Philippine Supreme Court ruled in PNB v Manila Oil Refining that confession of judgment notes are void as against public policy because they deny a person their right to due process and a day in court.

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    CONFESSION OF JUDGMENT

    Sebastian: Confession of judgment has 2 forms: (this two are valid)


    1) cognotiv actionem "he has confessed action." (– a stipulation whereby defendant authorizes
    plaintiff or his counsel to confess judgment for the sum being claimed by the plaintiff . In this
    case, the decision is rendered by the court immediately because the debtor is empowered to
    confess to a judgment on his behalf.
    2) relicta verification "his pleading being abandoned." – after a plea of not guilty is made, one
    withdraws it and judgment is immediately promulgated.

    Confession of judgments are void under Philippine Law.


    Confession of judgment. — A confession of judgment enables the holder to obtain a judgment
    wiihout the delay usually incident to a law suit, as it eliminates the necessity of a trial. It is a
    written statement signed by the defendant, setting forth the basis of liability and authorizing the
    entry of judgment thereon.
    "For value received, I promise to pay P or order the sum of P10,000.00 with interest at 15% per
    annum and I hereby authorize my attorney-at-law to appear in any court of record after the
    obligation becomes due and waive the issuing and service of process and confess a judgment
    against me in favor of the holder of the note for such amount as may appear to be unpaid thereon,
    together with costs of suit and 12% attorney's fees, and thereupon to waive all errors in any such
    proceedings and waive all rights of appeal."

    PNB v Manila Oil Refining and By-Products Co. Inc. (43 Phil 444) – Section 5(b) of the
    Negotiable Instrument Law providing that the negotiable character of an instrument otherwise
    negotiable is not affected by a provision which authorizes a confession of judgment if the
    instrument cannot be paid at maturity, cannot be taken to sanction judgments by confession
    because it is a portion of a uniform law which merely provides that, in jurisdictions were judgment
    notes are recognized, such clauses shall not affect the negotiable character of the instrument.
    Moreover, the same section of the Negotiable Instruments Law concludes with these words: “But
    nothing in this section shall validate any provision or stipulation otherwise illegal.”
    The judgment note was held to be void as against public policy, because they enlarge the field of
    fraud, because under these instruments the promissory bargains away his right to a day in court,
    and because of the effect of the instrument is to strike down the right of appeal accorded by statute.
    The Court was of the opinion that warrants of attorney to confess judgment are not authorized nor
    contemplated by our law. We are further of the opinion that provisions in notes authorizing
    attorneys to appear and confess judgments against makes should not be recognized in this
    jurisdiction by implication and should only be considered as valid when given express legislative
    sanction.
    This is void as against public policy as it denies a person his day I court.

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