Philippine Bar review · Question

Practice question: Summary Judgments (Rule 35)

Multiple Choice Medium

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?
  1. No, the rule expressly excepts the amount of damages from its no-genuine-issue formulation, while quantum still requires proper determination
  2. Yes, it always requires relitigating every undisputed liability fact
  3. No, because the movant may demand any unproved sum automatically
  4. Yes, unless the defendant abandons the case
  5. 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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