Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Multiple Choice Medium

Practice question

A defending party submits a proper supported motion before serving its answer. No special restriction applies. The claimant invokes Section1’s after-answer condition as a universal bar. Which is correct?
  1. An answer is always a jurisdiction statute
  2. Claimant and defending-party timing texts are identical
  3. Only a claimant may ever seek summary judgment
  4. Section2 separately permits the defending party to move at any time
  5. The court must automatically grant the unsupported claim

Legal references

  • 2019 Rule35, AM19-10-20-SC: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
  • Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html

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