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1997 Rules on Civil Procedure Rule 35

2001 Edition <draft copy. pls. check for errors> Summary Judgments

Rule 35
SUMMARY JUDGMENTS

Rule 35 is another important rule – Summary judgments. The rule on


summary judgments and judgment on the pleadings are similar no? They are
related to each other. I would say they are brothers. Rule 34 and Rule 35,
magkapatid ‘yan silang dalawa because they have a common denominator. Rule
35 is also a speedy procedure for the early resolution or decision in a civil case.
The same concept but with a difference. In Rule 34 on judgment on the
pleadings, the answer filed by defendant has put up no defense at all. No
defense has been raised or the answer admits all the material allegations in
adverse party’s pleadings. In Rule 35, the answer filed by defendant puts up a
defense but the defense is not a genuine defense. Meaning, it is invoked only for
the purpose of delay and the defense is not actually seriously being interposed.

Q: Define summary judgment procedure.


A: Summary judgment procedure is a method for promptly disposing of
actions in which there is no genuine issue as to any material fact. (De Leon vs.
Faustino, L-15804, Nov. 29, 1960)

Summary judgment is a judgment rendered by a court without trial if it is


clear that there exists no genuine issue or controversy as to any material @fact,
except as to the amount of damages.

For summary judgment to be proper, two (2) requisites must concur, to wit:
1. there must be no genuine issue on any material fact, except for the amount
of damages; and
2. the moving party must be entitled to a judgment as a matter of law.

When on their face, the pleadings tender a genuine issue, summary judgment
is not proper. An issue is genuine if it requires the presentation of evidence as
distinguished from a sham, fictitious, contrived or false claim. (Ontimare vs. Elep
GR No. 159224, January 20, 2006)

Even if the answer does tender an issue, and therefore a judgment on the
pleadings is not proper, a summary judgment may still be rendered if the issues
renderer are not genuine, set-up in bad faith and patently insubstantial (Vergara
vs. Suelto GR No. L-74766, Dec. 21, 1987)

Nature of Summary Judgment

1. A summary judgment, also called accelerated judgment, is proper where,


upon a motion filed after the issues had been joined and on the basis of the

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2001 Edition <draft copy. pls. check for errors> Summary Judgments

pleadings and papers filed, the court finds that there is no genuine issue as
to any material fact except as to the amount of damages (Ley Construction
and Development Corporation vs. Union Bank GR No. 133801’ June 27,
2000; Spouses Agbada vs. Inter-Urban developers Inc., GR No. 1445029,
September 19, 2000; Raboca vs. Velez 341 SCERA 543). Under the Rules,
when there is no genuine 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.
2. What triggers a summary judgment is the absence of a genuine factual
issue. It is 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 summary judgment is not barred (Velasco
v. CA 329 SCRA 392; Garcia vs. CA 336 SCRA 475).
3. In an action for foreclosure of mortgage for example, the material issues are
the existence of the debt and its demandability. When the defendant admits
the existence of the debt and raises an issue as to the demandability of the
debt or the interest rate involved because of an alleged contemporaneous
agreement between the parties, the issue tendered is sham, fictitious, or
patently unsubstantial. A summary judgment would be proper because
there is no genuine issue (Sps. Agbada vs. Inter-Urban Developers Inc.,
supra)
Where only the genuineness and due execution of the promissory note are the
matters deemed admitted for the failure of the defendant to deny the same under
oath, a summary judgment is not proper.

In an action for a sum of money, where the debt and the fact of its non-payment
is admitted and the only issue raised is the rate of interest and the damages
payable, there is no genuine issue and a summary judgment may be rendered
upon proper motion.

4. The Court, in Asian Development and Construction Corporation vs. PCIB,


GR No. 153827, April 25, 2006, reiterated the principles governing
summary judgment as follows:

“…Under the Rules, summary judgment is appropriate when there is no


genuine issues of fact which call for the presentation of evidence in a full-
blown 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 summary judgment as prescribed by the Rules must ensue as
a matter of law. The determinative factor, therefore, in a motion for
summary judgment is the presence or absence of a genuine issue as to any
material fact.”

Meaning of genuine issue


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2001 Edition <draft copy. pls. check for errors> Summary Judgments

A “genuine issue” is an issue of fact which requires the presentation of


evidence as distinguished from a sham, fictitious, contrived or false claim.
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. 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 as not to
constitute a genuine issue for trial. Trial courts have limited authority to
render summary judgments and may do so only when there is clearly no
genuine issue as to any material fact. When the facts as pleaded by the
parties are disputed or contested, proceedings for summary judgment
cannot take the place of trial.

Genuine issue is an issue of fact which calles for the presentation of


evidence as distinguished from an issue which is shamm, fictitious,
contrived, and patently unsubstantial so as not to constitute a genuine
issue for trial.

5. The trial court cannot motu proprio decide that summary judgment on an
action is in order. Under the applicable provisions of Rule 35, the
defending party or the claimant, as the case may be, must invoke the rule
on summary judgment by filing a motion. The adverse party must be
notified of the motion for summary judgment and furnished with
supporting affidavits, depositions or admissions before hearing is
conducted. More importantly, a summary judgment is permitted only if
there is no genuine issue as to any material fact and a moving party is
entitled to a judgment as a matter of law (Pineda vs. Heirs of Eliseo
Guevara GR No. 143188, February 14, 2007).

Relation to Rule 17 and Rule 18

Now, Summary Judgment is related to Rule 17 Section 1 in which summary


judgment is first mentioned:

Rule 17, Section 1. Dismissal upon notice by


plaintiff. - A complaint may be dismissed by a
plaintiff by filing a notice of dismissal at any
time before service of the answer or of a motion
for summary judgment. xxx

Q: Can the plaintiff dismiss his complaint as a matter of right?


A: YES, at any time before the defendant has filed his answer or of a motion
for summary judgment. (Rule 17, Section 1)

The second time that it was mentioned was in Rule 18 Section 2:


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Rule 18, Sec. 2. Nature and purpose. - The


pre-trial is mandatory. The court shall consider:
xxx
(g) The propriety of rendering judgment on the
pleadings, or summary judgment, or of dismissing
the action should a valid ground therefor be found
to exist;
xxx

Sec. 1. Summary judgment for 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
pleading in 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. (1a, R34)

For EXAMPLE: I will file a collection case against you and then you claim that
you have paid already. But in reality, it is not paid. So I know that you are lying.
Ikaw naman na defendant, you know also that you are lying, what you are after
is to prolong the case.

Q: As the plaintiff, what should I do?


A: I should execute affidavit stating under oath and under pain of perjury that
you have not paid me. I will attach that to my motion. Well, of course, you know
very well that if I file an affidavit by stating that what you are saying is false, and
if I tell a lie, you can file a case of perjury against me. But since I know that I am
correct, I will dare to execute an affidavit under oath. Therefore, since his
defense is false, I’m asking for an immediate decision.

Now, if you are the defendant and you received a copy of my motion, you can
oppose my motion for summary judgment where you will say, “No! I paid and my
defense is genuine!” The defendant must also execute an affidavit to support his
position. So you will say under oath that you paid me.

So it will become a battle of affidavits versus affidavits under oath. It is


possible that one of us will go to jail for telling a lie. So tingnan natin kung
sinong matapang dito. Kung baga, if your defense is not very serious and not
genuine, chances are, you will not dare to execute an affidavit claiming that you
have paid the obligation. Takot ka man diyan ba. So if you will not execute an
affidavit but you still claim that you have paid me, it is now very obvious that
the defense of payment is false … and the court will say, “Tama na ang
pagsisinungaling! Taob ka na!”
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That is summary judgment where the court will say, “No more trial. The
affidavit will take the place of evidence in court.” That is what the rule is all about.

Rule 35 is similar to judgment on pleadings under Rule 34 but the main


difference is: In judgment on the pleadings, the answer does not put up a defense
while in summary judgment, here it puts up a defense but the defense is not
genuine – it is a false defense which should easily be exposed by way of
affidavits for summary judgment.

Now take note, there is no genuine issue because if you look at the complaint
and the answer there is an issue because the answer alleges payment. That is an
issue. But in reality that is a false issue. That is why it is not a genuine issue.

Some text writers call the law on summary judgment another name – it is
known as the law on Accelerated Judgment. Meaning, the process will accelerate,
you can easily go to trial. Instead of going to trial, there is no more trial. The
motion for summary judgment will determine who is telling the truth and who is
not telling the truth…immediately. So at least, the delay has been avoided.

What is the example I gave you, no? “A party seeking to recover a claim…”
Ako, I will file against you a case of recovery of an unpaid debt. “or cross-claim
etc. at any time after the pleading if answer thereto has been served…” meaning , after
your answer has been served, I will move with supporting affidavits, depositions
or admissions for a summary judgment in my favor.

So my motion for summary judgment must be supported with affidavits, or


depositions, or admissions. These will be the basis unlike in the previous rule
(Rule 34), there are no affidavits to support a judgment on the pleadings. All you
have to do is ask the court , “Look at the complaints and look at the answer…” But
here, you will prove that the defense is false and you demolish it by way of
affidavits.

Q: Is summary judgment applicable to all kinds of civil actions?


A: YES, because in most cases, defendants will file an answer with defenses
but they are all false. In other words, these defenses are only interposed to delay
the case. So, summary judgment is applicable to accelerate the decision. That’s
why it is similar to Judgment on the Pleadings.

Just like in the previous rule (Judgment on the Pleadings) in certain types of
cases like declaration of nullity of marriage, annulment of marriage, legal
separation, based on the same principle that there must always be a trial in these
cases, where a ground was established based on the same principle of analogy.

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Q: Is Summary Judgment available only to the plaintiff? Can a defendant


move for Summary Judgment against the plaintiff?
A: YES, that is also allowed under Section 2:

Sec. 2. Summary judgment for 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
affidavits, depositions or admissions for a summary
judgment in his favor as to all or any part
thereof. (2a, R34)

Who can file:


1. Plaintiff - may file the motion after the answer has been served, and
therefore, must wait until the issues have been joined.
2. Defendant - he can move for summary judgment at any time.

Test: Whether or not the pleadings, affidavits and exhibits in support of the
motion are sufficient to oversome the opposing papers and to justify the finding
that, as a matter of law, there is no defense to the action or claim is clearly
meritorious (estrada vs. Consolacion, et al., GR No. L-40948 June 29, 1976).

Normally, the party who avails of summary judgment is the plaintiff. But this
remedy is not limited to the plaintiff. The defendant can also file a motion for
Summary Judgment against the plaintiff because the cause of action is sham. SO,
if the remedy of Summary Judgment is available to the plaintiff, it can also be
availed by the defendant. How?

EXAMPLE: You file a complaint against me. Of course, your complaint puts
up a cause of action, but I know very well that your cause of action is false,
although it’s very rare, usually it is the defendant who is delaying the case. Well,
I could always file an answer and there would be pre-trial but sabi ko, “Matagal
pa iyon!” So under Section 2, instead of filing an answer, I can file a motion for
Summary Judgment and I will attach to my motion affidavits to show that the
cause of action is not genuine. And if the plaintiff believes that his cause of
action is genuine, he might as well oppose my motion with counter-affidavits.
Now, if you will not, then the court will rule in my favor, dismissing your
complaint.

So you notice, Summary Judgment may be availed of by either party – either


the defense is not genuine or the cause of action is not genuine.

SEC. 3. Motion and proceedings thereon. - The


motion shall be served at least ten (10) days
before the time specified for the hearing. The
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adverse party may serve opposing affidavits,


depositions, or admissions at least three (3) days
before the hearing. After the hearing, the
judgment sought shall be rendered forthwith if the
pleadings, supporting affidavits, depositions, and
admissions on file, show that, except as to the
amount of damages, there is no genuine issue as to
any material fact and that the moving party is
entitled to a judgment as a matter of law. (3a,
R34)

The motion must alsosatisfy the requirements under Rule 15.

If I will file a motion for Summary Judgment, I must set it for a hearing just
like any other motion. Now, generally, if I will file a motion for Summary
Judgment, you must be served a copy at least 10 days before the hearing. That’s
an exception to the general rule in Rule 15 (general rule: you are only required to
give the other party 3 days).

The reason is the other party should also be given time to oppose it with
affidavits. That’s why you have to give him a longer period to oppose and if he
decides to oppose, he must also file his opposition together with affidavits but he
must furnish me with his copy of opposition at least 3 days before the hearing.

Under the rule on deposition, I can take the deposition of my own opponent
and based on your deposition, I can prove that your defense is false. So
depositions can be used not only during the trial but to support or oppose a
motion for Summary Judgment.

Rule 23, SEC. 4. Use of depositions – At the


trial or upon the hearing of a motion or an
interlocutory proceeding, any part or all of a
deposition, so far as admissible under the rules of
evidence, may be used against any party who was
present or represented at the taking of the
deposition, or who had due notice thereof, in
accordance with any one of the following
provisions:
xxx

So, depositions can be used at the trial or upon the hearing of a motion.

Q: Give examples of a motion where you can use a deposition to support your
motion.
A: The following:

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1.) a motion for Summary Judgment. Under Rule 35, the motion should be
supported by affidavits, depositions, etc… based on what the other
party will admit. And based on Rule 23 Section 4, the deposition of the
adverse party may be used for any purpose. So I can use it to prove that
your cause of action or defense is false, or another way of supporting a
motion for Summary Judgment under Rule 35, affidavits, depositions
and admissions.
2.) Rule 26 – Request for Admission – I can avail of the Mode of the Request
for Admission based on your admissions.

According to Section 3, all the issues which are not genuine can be resolved
immediately EXCEPT as to amount of damages. Meaning the amount of damages
to be recovered by the plaintiff cannot be adjudicated through a motion for
Summary Judgment because you still have to present evidence as to how much
really is the damages.

Practically every issue can be resolved summarily except the exact amount of
damages. Some people find this hard to imagine, “Paano ba yon? I will file a
motion for Summary Judgment and then there will be a judgment except as to the
amount of damages? Ano ba ‘yan?”

EXAMPLE: An action for damages based on quasi-delict where I will accuse


you of negligence and then you deny that you are negligent. Now, the issue is:
who is negligent and who is not. Suppose I will file motion for Summary
Judgment and the court will decide in my favor. Therefore I am telling the truth,
the defendant is telling a lie. And then the court will say, “Let the case be heard to
determine exactly how much damages the plaintiff is supposed to recover.” So there will
be a trial but during the trial, I will just prove how much I am entitled. But the
issue of negligence, tapos na, talo ka na, terminated na ‘yung issue. Damages
generally cannot be granted without evidence. You have to support really the
exact amount you are entitled to receive.

If you will notice, the issue as to the fact that damages, especially unliquidated
damages,which is also subject to proof, is also mentioned in Rule 8, Section 11:

Rule 8, SEC. 11. Allegations not specifically


denied deemed admitted – Material averment in the
complaint, other than those as to the amount of
unliquidated damages, shall be deemed admitted when
not specifically denied.

Meaning, how much are you entitled cannot be just given to you even if your
opponent will not deny an allegation. You must still prove it and that is very
clear even in Rule 35 – summary judgment can be granted except as to the
amount of damages.
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SEC. 4. Case not fully adjudicated on motion. -


If on motion under this Rule, judgment is not
rendered upon the whole case or for all the reliefs
sought and a trial is necessary, the court at the
hearing of the motion, by examining the pleadings
and the evidence before it and by interrogating
counsel shall ascertain what material facts exist
without substantial controversy and what are
actually and in good faith controverted. It shall
thereupon make an order specifying the facts that
appear without substantial controversy, including
the extent to which the amount of damages or other
relief is not in controversy, and directing such
further proceeding in the action as are just. The
facts so specified shall be deemed established, and
the trial shall be conducted on the controverted
facts accordingly. (4a, R34)

Section 4 authorizes rendition of partial summary judgment but such is


interlocutory in nature and isfinal a final and appealable judgment. (Guevarra vs.
CA GR No. L-49017, August 30, 1983).

Q: Is there such a thing as a motion for partial Summary Judgment?


A: YES. Well, if you say Motion for Partial Summary Judgment, some issues
are genuine, some are not. So the court can decide immediately on the issues
which are not genuine but with respect to issues which are genuine, the law says,
trial shall be conducted on the controverted facts summarily under Rule 35 on
the issues which are not genuine.

SEC. 5. Form of affidavits and supporting papers.


- Supporting and opposing affidavits shall be made
on personal knowledge, shall set forth such facts
as would be admissible in evidence, and shall show
affirmatively that the affiant is competent to
testify to the matters stated therein. Certified
true copies of all papers of parts thereof referred
to in the affidavit shall be attached thereto or
served therewith. (5a, R34)

Q: What are the forms of affidavits under Rule 35?


A: The following:
1.) Supporting affidavits – to support the motion for Summary Judgment;
2.) Opposing (counter-) affidavits – to oppose the motion for Summary
Judgment.

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Q: Give the requisites of supporting or opposing affidavits to a motion for


Summary Judgment.
A: The following:
1.) The affidavit shall be made based on personal knowledge;
2.) It shall set forth such facts as would be admissible in evidence;
3.) The affiant is competent to testify to the matters stated therein; and
4.) Certified true copies of all papers of parts thereof referred to in the
affidavit shall be attached thereto or served therewith.

“The affidavits of your witnesses, or your affidavit must be made on personal


knowledge and shall set forth such facts as would be admissible in evidence and shall
show affirmatively that the affiant is competent and the matters stated therein.”

What does that mean? Suppose the case will go to trial, so the witness will
take the witness stand. He will testify. When a witness testifies under the Rules
on Evidence, there must be a showing that what he is talking about is known by
him. Otherwise, it will be hearsay. And based on the law of evidence, the
testimony is inadmissible. What I will say should be admissible under the law on
evidence otherwise my testimony will not be allowed and I must show that I’m
in a position to know what I’m talking about.

That’s what the witness will have to demonstrate in court. Since in a motion
for Summary Judgment, there is no more trial, there is no more witnesses who
will testify in court, what will take the place of a witness is his affidavit which
must also show that the witness has personal knowledge, etc. Meaning, what
you should show during the trial, if you are, they must also be shown in your
affidavit.

If your testimony in court is not admissible, because you are telling only what
you heard from other people, then an affidavit which contains the same thing
would also be inadmissible. So, in other words, the affidavit merely takes the
place of oral testimony in court.

Q: What procedure is similar where the one who will decide, who will only
read the affidavits of both sides and render a decision?
A: Criminal Procedure: Rule 112 on Preliminary Investigation – the fiscal
conducts a preliminary investigation on the affidavits lang. The complainant will
submit his affidavit. The respondent will file his counter-affidavit. Then the
fiscal will go over the affidavits and will resolve the issues and determine
whether there is probable cause to file the information or none. So, the
resolution is practically based on affidavits. So walang hearing.

SEC. 6. Affidavits in bad faith. - Should it


appear to its satisfaction at any time that any of

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the affidavits presented pursuant to this Rule are


presented in bad faith, or solely for the purpose
of delay, the court shall forthwith order the
offending party or counsel to pay to the other
party the amount of the reasonable expenses which
the filing of the affidavits caused him to incur,
including attorney's fees. It may, after hearing,
further adjudge the offending party or counsel
guilty of contempt. (6a, R34)

Well, of course, the affidavits required by law must be filed in good faith.

EXAMPLE OF AFFIDAVIT IN BAD FAITH: I will file a motion for Summary


Judgment against you alleging that your defense is false and I will support it
with affidavit. Ang defendant, malakas ang loob, he opposed my motion
claiming that his defense is true and genuine and he also supported it with
affidavits. Once the opposing party does that, the court will automatically deny
my motion. The court is not in the position now to know who is telling the truth.
Both maintaining under oath that he is telling the truth. So if you oppose my
motion with supporting affidavits, the court will deny my motion for Summary
Judgment and the courts says let’s go to trial and during the trial, mabisto na
naman and it turned out really that you have no defense, talo ka pa rin.

Sanctions:

Q: What is the penalty for you for filing earlier an opposition to my motion
supported by affidavits in bad faith?
A: The court may:
a.) order you or counsel to pay to me (plaintiff) the amount of reasonable
expense which the filing of affidavits caused me to incur, including attorney’s
fees; and
b.) after hearing, adjudge you or your lawyer guilty of contempt.

Additionally a case of perjury against can be filed against the affiant for
executing a false statement.

That is a criminal sanction under the RPC. I can also file a case of disbarment
against the lawyer for assisting in the filing of an affidavit in bad faith.

So in other words, if you execute an affidavit in bad faith, you must be ready
to face all these later – damages, contempt, perjury under the RPC and the
lawyer to face disciplinary proceedings.

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SUMMARY JUDGMENT (Rule 35) vs. JUDGMENT ON THE PLEADINGS


(Rule 34)

Their similarity is that, both of them are methods for promptly disposing civil
actions, wherein a civil case can be adjudicated without undergoing any trial.

Q: Distinguish Summary Judgment (Rule 35) from Judgment on the Pleadings


(Rule 34).
A: The following are the distinctions:

1.) as to the ground


Summary Judgment is proper if there is no genuine issue of fact to be
tried; whereas
Judgment on the Pleadings is proper where there is no issue of fact at
all to be tried;
Case: VERGARA, SR. vs. SUELTO, ET AL (156 SCRA 753)

2.) as to how the judgment rendered


Summary Judgment is rendered on the basis of facts appearing in the
pleadings, affidavits, depositions and admissions on file, whereas
Judgment on the Pleadings is rendered on the basis only of the
pleadings; (Nagrampa vs. Mulwaney, Etc., 97 Phil. 724)

3.) as to who can ask for the judgment


Summary Judgment is a remedy available for both claimant and
defendant; whereas
Judgment of Pleadings is available only on the claimant because the
answer fails to tender an issue.

4. In summary judgment a 10-day notice is required while in the


latter the 3-day notice rule applies;

5. A summary judgment may be interlocutory or on the merits while


the latter is one the merits;

6. A summary judgment is available only in actions to recover a debt


or for a liquidated sum of money or for declaratory relief while the
latter is available in any action except annulment of marriage or
legal separation cases;

7. If filed by the plaintiff, it must be filed at any time after an answer


is served; if filed by the defendant, it may be filed even before
there is an answer while the judgment is filed after there is already
an answer filed.

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VERGARA, SR. vs. SUELTO, ET AL


156 SCRA 753

ISSUE: When does an answer fail to tender an issue? When is there


no genuine issue?
HELD: “Section 1, Rule 19 (now Rule 34) of the Rules of Court
provides that where an answer fails to tender an issue, or otherwise
admits the material allegation of the adverse party's pleading, the court
may, on motion of that party, direct judgment on such pleading. The
answer would fail to tender an issue, of course, if it does not comply
with the requirements for a specific denial set out in Section 10 (or
Section 8) of Rule 8; and it would admit the material allegations of the
adverse party's pleadings not only where it expressly confesses the
truthfulness thereof but also if it omits to deal with them at all.”
“Now, if an answer does in fact specifically deny the material
averments of the complaint in the manner indicated by said Section 10
of Rule 8, and/or asserts affirmative defenses (allegations of new matter
which, while admitting the material allegations of the complaint
expressly or impliedly, would nevertheless prevent or bar recovery by
the plaintiff) in accordance with Sections 4 and 5 of Rule 6, a judgment
on the pleadings would naturally not be proper.”
“But even if the answer does tender issues — and therefore a
judgment on the pleadings is not proper — a summary judgment may
still be rendered on the plaintiff's motion if he can show to the court's
satisfaction that except as to the amount of damages, there is no genuine
issue as to any material fact, that is to say, the issues thus tendered are
not genuine, are in other words sham, fictitious, contrived, set up in bad
faith, patently unsubstantial. The determination may be made by the
court on the basis of the pleadings, and the depositions, admissions and
affidavits that the movant may submit, as well as those which the
defendant may present in his turn.”

During the pre-trial conference, it is possible for the court to render a


judgment on the pleadings under Rule 34 or a summary judgment under Rule
35. Judgment can be rendered summarily during the pre-trial.

DIMAN vs. ALUMBRES


299 SCRA 459 [Nov. 27, 1998]

FACTS: The plaintiff files a motion for summary judgment where he


said under oath that the defense is false. The trial court denied it, “A

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2001 Edition <draft copy. pls. check for errors> Summary Judgments

summary judgment is not proper where the defendant presented


defenses tendering factual issues which call for the presentation of
evidence.” Is the trial court correct.

HELD: “Such a ratiocination is grossly erroneous. Clearly, the


grounds relied on by the judge are proper for the denial of a motion for
judgment on the pleadings – as to which the essential question, as already
remarked, is: are these issues arising from or generated by the pleadings? –
but not as regards a motion for summary judgment – as to which the
crucial question is: issues having been raised by the pleadings, are those issues
genuine, or sham or fictitious, as shown by affidavits, depositions or admissions
accompanying the application therefor?” So those are the questions to be
answer in a summary judgment, not whether or not there is an
answer.
“Errors on principles so clear and fundamental as those herein
involved cannot but be deemed so egregious as to constitute grave
abuse of discretion, being tantamount to whimsical or capricious
exercise of judicial prerogative.”

Last point to remember: as a General Rule, you cannot secure judgment by


motion alone. This is because a MOTION is defined as any petition for relief
other than the relief prayed for in the pleadings. (Rule 15, Section 1)
A motion prays for relief other than through a pleading. The other way of
stating it is, a motion prays for relief other than through a judgment because a
judgment is prayed in a pleading and not in a motion. So a motion as a rule,
cannot pray for immediate judgment.

But there are three (3) known exceptions where a motion can already pray for
immediate relief. They are:
1.) Rule 33 – Demurrer to evidence;
2.) Rule 34 – Judgment on the Pleadings; and
3.) Rule 35 – Summary Judgment.

In those exceptions, the movant is already asking for a judgment which


normally is not stated in a motion.

–oOo-

Lakas Atenista 73
Ateneo de Davao University College of Law

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