Civil Procedure: Summary Judgments

Summary Judgments (Rule 35)

  1. Genuine Issue
    1. A Genuine Issue” is an issue of fact which requires the presentation of the evidence as distinguished from a sham, fictitious, contrived or false claim.
    2. When the facts, as pleaded, appear uncontested or undisputed, then there is no real or genuine issue or question as to the facts, and summary judgment is called for.
    3. The party who moves for summary judgment has the burden of demonstrating clearly the absence of any genuine issue of fact, or that the issue posed in the complaint is patently unsubstantial so not to constitute a genuine issue for trial.
    4. When the facts as pleaded by the parties are disputed or contested, proceedings for summary judgment cannot take place of trial.
  2. MARINA vs Marc Properties Corp., – GR No. 173128, February 15, 2012
  3. Who may file?
    1. Claimant –
      1. Sec 1. Summary judgment for the Claimant – a party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the answer thereto has been served, move with supporting affidavits, depositions, or admissions for a summary judgment in his favor upon all or any part thereof.
      2. when to file?
        1. At any time after the answer thereto has been served.
        2. The motion shall be served at least 10 days before the time specified for trial.
        3. The adverse party may serve opposition affidavits, depositions, or admissions at least 3 days before the hearing.
    2. Defending Party – 
      1. Sec 2. Summary Judgment for the Defending party – a party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavit, depositions, or admissions for a summary judgment in his favor as to all or any part thereof.
      2. when to file?
        1. At any time after the answer thereto has been served.
        2. The motion shall be served at least 10 days before the time specified for trial.
        3. The adverse party may serve opposition affidavits, depositions, or admissions at least 3 days before the hearing.
  4. Can the court Motu propio decide that summary judgment on an action is in order?
    1. No, Trial court have limited authority to render summary judgments and may do so as only when there is clearly no genuine issue as to any material fact. The trial court cannot motu propio decide that summary judgment on the action is in order.

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