Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Multiple Choice Hard

Practice question

After finding bad-faith summary-judgment affidavits, the court proposes additional contempt punishment without giving the offender a hearing. The offender invokes Section6’s text. Which is correct?
  1. No hearing is ever mentioned
  2. The further contempt adjudication requires a hearing
  3. An expense award automatically is a contempt conviction
  4. Only the movant may decide contempt privately
  5. The affidavit itself supplies the missing hearing

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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