Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Essay Medium

Practice question

Distinguish judgment on the pleadings from summary judgment where an answer appears to dispute facts but the properly submitted Rule 35 materials show no genuine material factual issue.

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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