2. Summary Judgments (Rule 35)

Nature of summary judgment

• 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 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.
• 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, G.R. No. 121517, 2000)

One granted by the court, UPON MOTION, for the prompt disposition of civil actions wherein it clearly appears that there exists NO GENUINE ISSUE or controversy as to any material fact, EXCEPT as to the amount of damages.

It is granted AFTER the issues have been joined and on the basis of pleadings, depositions, admissions and affidavits, there exists NO genuine factual issue. It is available to BOTH plaintiff and defendant.

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. (Philippine Bank of Communications v. Go, G.R. No. 175514, 2011)

The crucial question in a motion for summary judgment is whether the issues raised in the pleadings are genuine or fictitious, as shown by affidavits, depositions or admissions accompanying the motion. (Evangelista vs. Mercator Finance Corp., G.R. No. 148864, 2003)

The trial court cannot motu proprio decide that summary judgment on an action is in order. The defending party or claimant, as the case may be, must invoke the rule on summary judgment by filling 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. (Pineda v. Heirs of Eliseo Guevara, G.R. No. 143188, February 14, 2007)

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. When the facts as pleaded by the parties are disputed or contested, proceedings for summary judgment cannot take the place of trial. (Tan v. De la Vega, G.R. No. 168809, 2006)

Under Section 3, Rule 35 of the Rules of Court, a summary judgment MAY NOT be rendered on the amount of damages, although such judgment may be rendered on the issue relating to the existence of the right to damages. In this case, the Court distinguished between the determination of the amount of damages and the issue of the right to damages itself in case of a summary judgment. (Ybiernas v. Tanco-Gabaldon, G.R. No. 178925, 2011)

An action for annulment of marriage cannot be decided by summary judgment proceeding (Roque v. Encarnacion, G.R. No. L-6505, 1954)

Summary judgments are made specifically applicable to a special civil action for Declaratory Relief (Rule 63).

Service of Motion for Summary Judgment; Proceedings

The motion shall be served at least ten (10) days before the time specified for the hearing.

The adverse party may serve opposing affidavits, depositions, or admissions at least three (3) days before the hearing. (Rule 35, Sec. 3)

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. (Rule 35, Sec. 3)

a) 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 pleading in answer thereto has been served, move with supporting affidavits, depositions or admissions for summary judgment in his favor upon all or any part thereof. (Section 2, Rule 35)

b) FOR THE DEFENDANT

A party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory relief is sought may, at ANY TIME, move with supporting affidavits, depositions or admissions for summary judgment in his favor upon all or any part thereof. (Section 3, Rule 35).

c) WHEN THE CASE NOT FULLY ADJUDICATED ON MOTION

This authorizes rendition of PARTIAL summary judgment but such is interlocutory in nature and is NOT a final and appealable judgment.

The court shall make an order specifying the facts that appear without substantial controversy. The facts so specified shall be deemed established.

The trial shall be conducted on the controverted facts only and judgment shall be rendered on the facts that appear without substantial controversy.

The test is whether or not the pleadings, affidavits and exhibits in support of the motion are sufficient to overcome the opposing papers and to justify the finding that, as a matter of law, there is no defense to the action or claim clearly meritorious. (Estrada v. Consolacion, G.R. No. L-40948, 1976)

A partial summary judgment is an interlocutory order, because it does not completely and finally dispose of a litigation. (GSIS v. PH Village Hotel, G.R. No. 150922, 2004)

Bases of Summary Judgment

• Affidavits made on personal knowledge, set forth such facts as would be admissible as evidence and show affirmatively that the affiant is competent to testify on matters stated therein (Rule 35, Sec. 5)
• Depositions of the adverse party or a third party under Rule 23;
• Admissions of the adverse party under Rule 26; or
• Answers to interrogatories under Rule 25; all intended to show that:
• There is no genuine issue as to any material fact, EXCEPT damages which must always be proved; and
• The movant is entitled to a judgment as a matter of law.

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 tendered are not genuine, are sham, fictitious, contrived, set up in bad faith, and patently unsubstantial. (Vergara v. Suelto, G.R. No. L-74766, 1987)