Rule 35 (Summary Judgment)

SUMMARY JUDGMENT
(Rule 35)
Nature of Summary Judgment (SJ):

also called an ACCELERATED JUDGMENT
PROPER where, upon Motion filed after the issues had been
joined and on the basis of the pleadings and papers filed, the
Court finds that there is no GENUINE ISSUES as to any
material fact except as to the amount of damages (Ley
Construction & Devt Corp. vs Union Bank of the Phils, GR No.
133801, June 27, 2000; Sps. Agbada vs. Inter-Urban
Developers, Inc, GR No. 1445029, Sept. 19, 2000).
under the Rules ( Rule 35, Sec. 3), when there is no GENIUNE
ISSUE as to any material fact, other than for instance, the
amount of damages, and the moving party is entitled to a
judgment as a matter of law, a Summary Judgment may be
rendered.
GENUINE ISSUE:
is an issue of fact which requires the presentation of evidence as
distinguished from a sham, fictitious, contrived or false claim.
What triggers SJ is the ABSENCE of Genuine Factual Issue
NOT PROPER where there are factual issues to be resolved
by the presentation of evidence. Even if there is a complicated
question of law if there is NO ISSUE AS TO THE FACTS, a
SJ is not barred (Velasco v. CA, 329 SCRA 392; Garcia v. CA,
336 SCRA 475).
EXAMPLE:
Action for Sum of Money - Debt & Non payment admitted; Issue
raised is the rate of interest and damages NO GENIUNE ISSUE SJ
can be availed
CASE:
(Asian Devt & Construction Corp. v. Phil. Commercial

&Industrial Bank, GR. 153827, April 25, 2006)
-
Under the Rules, SJ is appropriate when there are no GIs

of fact which call for the presentation of evidence in a fullblown trial. Even if on their face the pleadings APPEAR
TO RAISE ISSUES, when the affidavits, depositions and
admissions show that such issues are not genuine, then SJ
as prescribed by the Rules must ensue as a matter of law.
The DETERMINATIVE FACTOR, therefore, in a Motion
for SJ, is the PRESENCE or ABSENCE of a GENUINE
ISSUE as to any material fact.
BURDEN OF PROOF:
The party who MOVES for SJ 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
as not to constitute a G.I. for trial.
Trial Courts have limited authority to render SJ and may do so
only when there is clearly no genuine issue as to any material
facts.
When the facts as pleaded by the parties are DISPUTED or
CONTESTED, proceedings for SJ cannot take the place of trial
(Riano, Civil Pro, Book II, page 362 2nd Edition, 2009).
QUESTION OF LAW v. QUESTION OF FACT
(explained in the case of Nancy T. Lorzano v. Juan Tabayag, Jr., GR
No. 189647 February 6, 2012)
A Q of Law arises when there is doubt as to what the law is on a
certain state of facts, while there is a Q of fact when the doubt
arises as to the truth or falsity of the alleged facts.
For a Question to be one of law, the same must not involve an
examination of the probative value of the evidence presented by
the litigants or any of them.
The RESOLUTION of the issue must rest solely on what the
law provides on the given set of circumstances. Once ii is clear
that the ISSUE invites a REVIEW OF THE EVIDENCE

presented, the QUESTION posed is one of FACT.
HOW SUMMARY JUDGMENT IS RENDERED?

Trial Court cannot motu proprio decide on SJ
Rule 35, Sec 3
o The defending party or claimant, as the case maybe, must
invoke on the Rule on SJ by filing a MOTION (at least 10
days before hearing).
o The adverse party must be notified of the Motion for SJ &
furnished w/ supporting affidavits, depositions or
admissions before hearing is conducted (Pineda v. Hrs of
Eliseo Guevarra, GR No. 143188, February 14, 2007)
WHAT HAPPENS WHEN CASE is not fully adjudicated on
Motion: (Judgment is not rendered upon the whole case or for all the
reliefs sought)
Rule 35, sec. 4
DISTINCTION b/w RULE 34 & RULE 35

1. R 34 there is ABSENCE of FACTUAL ISSUE in the case
because the answer tenders NO ISSUE AT ALL
R 35 involves an issue but the issue is NOT GENUINE ( Narra
Intehrated Corp. v CA, GR No. 137915, Nov. 15, 2000);
2. R 34 Motion is filed by a claiming party, like Plaintiff or
Counter-claimant
R 35 Motion may be filed by claiming or defending party;
3. R 34 Judgment is based on Pleadings alone

R 35 Judgment is based on Pleadings, affidavits, depositions &
Admissions;
4. R 34 3 day Notice is given to adverse party ( based on regular

rules on Motion)
R 35 10 day Notice

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What is the difference between a genuine issue and a sham issue?

What are the requirements for filing a motion for summary judgment?

SUMMARY JUDGMENT

Nature of Summary Judgment (SJ):

(Asian Devt & Construction Corp. v. Phil. Commercial

Under the Rules, SJ is appropriate when there are no GIs

that the ISSUE invites a REVIEW OF THE EVIDENCE

HOW SUMMARY JUDGMENT IS RENDERED?

DISTINCTION b/w RULE 34 & RULE 35

3. R 34 Judgment is based on Pleadings alone

4. R 34 3 day Notice is given to adverse party ( based on regular

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