Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Multiple Choice Hard

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?
  1. The more confident affidavit automatically wins
  2. A genuine material delivery dispute cannot be resolved by using summary judgment merely to choose between competing credible accounts
  3. Any opposing affidavit defeats summary judgment even if irrelevant or sham
  4. The five-day response rule eliminates the need to examine evidence
  5. 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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