Practice question
The record establishes entitlement on liability without a genuine material factual issue, but the amount of damages requires proof. Does that quantum dispute alone necessarily bar every summary determination?
- No, the rule expressly excepts the amount of damages from its no-genuine-issue formulation, while quantum still requires proper determination
- Yes, it always requires relitigating every undisputed liability fact
- No, because the movant may demand any unproved sum automatically
- Yes, unless the defendant abandons the case
- No, because damages cease to exist
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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