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All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ III. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC) ▸ Q. Judgments and Final Orders ▸ 2. Summary Judgment - Rule 35

Question

Judgments and Final Orders: Summary Judgment - Rule 35

Scenario:

Tom, a plaintiff, filed a complaint against XYZ Corporation, alleging breach of contract. In the course of the proceedings, XYZ Corporation filed a motion for summary judgment, claiming that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law. Tom opposed the motion, arguing that there are factual disputes that need to be resolved through trial. The court scheduled a hearing to determine whether summary judgment should be granted or denied.

Question:

  1. What are the requirements for a summary judgment under Rule 35 of the Rules of Court? Discuss.
  2. Based on the facts presented, should the court grant or deny the motion for summary judgment filed by XYZ Corporation? Explain your answer.


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Bar Review Question: Judgments and Final Orders: Summary Judgment - Rule 35 Scenario: Tom, a plaintiff, filed a compla