Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Multiple Choice Medium

Practice question

A claimant moves for summary judgment before any pleading in answer to that claim has been served. The claimant relies solely on Rule 35 section 1’s timing authorization. Which is correct?
  1. Section 1 permits the claimant at any time before even filing the case
  2. The claimant and defending party have identical timing language
  3. A pending motion automatically counts as the answer
  4. Section 1’s claimant route requires the pleading in answer to have been served
  5. No claimant may ever seek summary judgment

Legal references

  • https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 35 sections 1–4 and 6, timing, five-day opposition, discretionary hearing, no genuine material issue and facts established for remaining trial.
  • https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 35 unchanged section 5, personal-knowledge affidavits, admissible facts, competence and certified supporting papers; apply amended motion procedure rather than old ten-day and three-day provisions.

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