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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)G. Motions (Rule 15)1. Litigious and Non-litigious Motions

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Question

Subject: Motions (Rule 15)

Topic: Litigious and Non-litigious Motions

1. Ryan filed a complaint for damages against ABC Corporation in the Regional Trial Court (RTC). After the defendant filed its answer, Ryan filed a motion for summary judgment, alleging that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. The defendant opposes the motion, arguing that there are still disputed facts that need to be resolved through trial.

2. Meanwhile, Mary filed a motion for extension of time to file her answer to the complaint filed by XYZ Corporation in the RTC. She cites meritorious grounds for the extension and attaches supporting documents. XYZ Corporation objects to the motion, claiming that it is dilatory in nature.

Based on the given scenarios, identify whether the motions filed by Ryan and Mary are litigious or non-litigious motions. Explain your answer and cite the applicable law and/or rules to support your explanation.


Answer

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