Practice question
A seller supports summary judgment with a delivery affidavit. The buyer timely submits competent personal-knowledge evidence and authenticated records showing a genuine dispute whether the contracted goods were ever delivered, a fact essential to liability. The seller asks the judge to choose its witness as more believable without trial. Which is correct?
- The more confident affidavit automatically wins
- A genuine material delivery dispute cannot be resolved by using summary judgment merely to choose between competing credible accounts
- Any opposing affidavit defeats summary judgment even if irrelevant or sham
- The five-day response rule eliminates the need to examine evidence
- Summary judgment automatically creates delivery as a fact
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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