Summary Judgments RULE 35

Summary Judgments (RULE 35) | CIVIL PROCEDURE

Disclaimer: The discussion below is for general informational purposes only and does not constitute legal advice. For specific questions on Summary Judgment or any legal matter, please consult a qualified attorney.

SUMMARY JUDGMENTS UNDER RULE 35 OF THE PHILIPPINE RULES OF CIVIL PROCEDURE

Summary judgment, governed by Rule 35 of the 1997 Rules of Civil Procedure (as amended), is a procedural device designed to promptly dispose of a case—either in whole or in part—when there are no genuine issues of material fact that would require a full-blown trial. Through summary judgment, the court may render a decision based on the pleadings, affidavits, depositions, admissions, and other documents on record.

Below is a comprehensive, meticulous discussion of all you need to know about Rule 35 on Summary Judgments in the Philippines.

I. CONCEPT AND PURPOSE OF SUMMARY JUDGMENT

  1. Definition
    A summary judgment is a judgment rendered by the court without the need for trial where the pleadings, affidavits, depositions, and other documents on record show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law.

  2. Purpose

    • To avoid needless trials when the essential facts are undisputed or clearly established.
    • To expedite the resolution of cases and unclog court dockets.
    • To promote a more efficient administration of justice by dispensing with full trial where it is unnecessary.

II. RELEVANT PROVISIONS OF RULE 35

A. Section 1. Summary Judgment for Claimant

“A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affidavits, depositions or admissions for a summary judgment in his favor upon all or any part thereof.”

  1. Who can file
    • A plaintiff or a counterclaimant or cross-claimant who asserts a claim may move for summary judgment after the defendant or the opposing party has filed a responsive pleading.
  2. Grounds
    • There must be no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law.
  3. Timing
    • The motion can be filed any time after the adverse party has served its pleading (answer).

B. Section 2. Summary Judgment for Defending Party

“A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment in his favor as to all or any part thereof.”

  1. Who can file
    • A defendant or a party against whom a claim is asserted (including counterclaims or cross-claims) may move for summary judgment.
  2. Grounds
    • Same principle: No genuine issue of material fact remains.
  3. Timing
    • The rule does not require the filing to be after a particular stage, only that the movant use supporting affidavits, depositions, or admissions to show entitlement.

C. Section 3. Motion and Proceedings Thereon

  1. Motion Requirements
    • Must state the specific grounds relied upon.
    • Must be supported by affidavits, depositions, or admissions showing that the movant is entitled to a summary judgment.
  2. Opposition
    • The adverse party may file an opposition, also supported by affidavits, depositions, or admissions to demonstrate the presence of genuine issues of fact.
  3. Hearing
    • The court may set the motion for hearing to determine whether the issues raised are genuine and material.
    • If the court finds no genuine issue of material fact, it may render summary judgment forthwith.

D. Section 4. Case Not Fully Adjudicated on Motion (Partial Summary Judgment)

“If on motion under this Rule, judgment is not rendered upon the whole case or for all the relief sought and a trial is necessary, the court shall, if practicable, ascertain what material facts exist without substantial controversy and what are actually and in good faith controverted.”

  1. Partial Summary Judgment
    • The court may partially dispose of the claims or defenses as to which there is no genuine issue of material fact.
  2. Further Proceedings
    • The remaining issues where genuine disputes of fact exist shall proceed to trial.
  3. Effect
    • Any order granting partial summary judgment is interlocutory and may be revised at any time before the entry of final judgment.

E. Section 5. Form of Affidavits and Supporting Papers

  1. Requirements for Affidavits
    • Must be made on personal knowledge.
    • Must set forth facts admissible in evidence.
    • Must show affirmatively that the affiant is competent to testify on the matters stated.
  2. Other Documents
    • Depositions, admissions, and other supporting documents must be properly authenticated and must comply with the rules of admissibility.

F. Section 6. Affidavits in Bad Faith

  1. Sanctions
    • If it appears to the court that any affidavit presented is in bad faith or for the purpose of delay, the court may order the offending party to pay costs (including attorney’s fees) to the other party.
  2. Contempt
    • The court may also hold the offending party or counsel in contempt for such improper conduct.

III. GENUINE ISSUE OF MATERIAL FACT

  1. Definition
    • A “genuine issue” is an issue of fact that requires the presentation of evidence at trial. It is not sham, contrived, or a mere rehash of denials.
    • A “material fact” is one that could affect the outcome of the suit under governing law.
  2. Standards in Determining a Genuine Issue
    • The court will look at the pleadings, affidavits, depositions, admissions, and other evidence to see if there is substantial controversy regarding an essential fact.
  3. Burden of Proof
    • Movant’s burden: Show by admissible evidence that there is no genuine issue of material fact.
    • Opponent’s burden: Once the movant makes a convincing showing, the burden shifts to the opponent to demonstrate a genuine factual dispute.

IV. DIFFERENTIATION FROM RELATED PROCEDURES

  1. Judgment on the Pleadings (Rule 34)

    • In a judgment on the pleadings, the court looks only at the pleadings (complaint and answer) and finds that there is no issue at all, whether of law or of fact.
    • In summary judgment, the court may look beyond the pleadings (affidavits, depositions, admissions) but likewise finds that no genuine issue of material fact exists.

  2. Demurrer to Evidence (Rule 33)

    • A demurrer is filed after the plaintiff has presented his evidence and rests his case. It challenges the sufficiency of the plaintiff’s evidence.
    • A summary judgment motion can be filed before trial starts in earnest, relying on pleadings and supporting affidavits.

  3. Partial Summary Judgment vs. Separate Trial (Rule 31)

    • Partial summary judgment conclusively resolves part of a case if no genuine issue of fact exists for that portion.
    • A separate trial under Rule 31 is still a full trial (albeit separated by issues or claims).

V. PROCEDURAL STEPS AND TIMELINES

  1. Filing the Motion

    • Claimant or defending party files a motion for summary judgment together with supporting evidence: affidavits, depositions, or admissions.
    • There is typically a notice of hearing (with the date and time) so the adverse party can respond.

  2. Opposition

    • The adverse party must file a responsive pleading (comment/opposition) within the period set by the rules or the court, with affidavits or evidence to show the existence of genuine factual issues.

  3. Hearing (If Necessary)

    • The court may set a hearing if it appears there are issues needing clarification or argument.
    • Alternatively, the court may decide the motion based on the pleadings and evidence on record.

  4. Court’s Ruling

    • Grant: The court issues a summary judgment if no genuine issue of material fact is found.
    • Partial Grant: The court issues partial summary judgment on certain claims/defenses while setting others for trial.
    • Deny: If the court finds a genuine issue of fact, it denies the motion and proceeds to trial.

  5. Appeal

    • A summary judgment that completely disposes of the case is final and appealable.
    • A partial summary judgment (disposal of some but not all issues) is interlocutory and not appealable until a final judgment is rendered on the entire case, unless a special certification under certain rules (akin to a Rule 54(b) in the US federal system) is issued—but in Philippine practice, partial summary judgments are generally merged with the final judgment for appeal purposes.

VI. IMPORTANT JURISPRUDENTIAL PRINCIPLES

  1. No Weighing of Evidence
    • In resolving a motion for summary judgment, the judge does not weigh evidence as in a trial; rather, the inquiry focuses on whether there exists any need for a trial at all.
  2. Affidavits Must be Specific and Based on Personal Knowledge
    • Affidavits and other evidence that fail to set forth admissible, specific facts do not suffice to create a genuine issue.
  3. Rule of Construction
    • If doubt exists as to the presence of a genuine factual issue, courts typically resolve the doubt against granting summary judgment, in favor of proceeding to trial.
  4. Effect of Admissions
    • Judicial admissions in the pleadings or in depositions effectively remove certain factual issues from contention, thus paving the way for summary judgment if such admissions cover the critical facts in controversy.

VII. ETHICAL CONSIDERATIONS FOR LAWYERS

  1. Candor to the Court
    • Under the Code of Professional Responsibility (and now the Code of Professional Conduct for Lawyers), counsel must ensure that all affidavits and evidence submitted are truthful and not presented to mislead the court.
  2. Avoiding Frivolous Motions
    • Filing a summary judgment motion with no legal or factual basis wastes judicial resources and may subject counsel to sanctions for abuse of court processes.
  3. Duty to Withdraw or Correct False Evidence
    • If a lawyer later discovers that an affidavit or piece of evidence submitted for summary judgment is false, there is a duty to rectify the fraud upon the court.

VIII. SAMPLE LEGAL FORM: MOTION FOR SUMMARY JUDGMENT

(For illustrative purposes only. Adapt to specific facts and court requirements.)

REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
[Judicial Region], Branch [Number]
[City/Municipality]

[Name of Plaintiff],
      Plaintiff,
                                                CIVIL CASE NO. __________
            -versus-

[Name of Defendant],
      Defendant.
_______________________________________/

          MOTION FOR SUMMARY JUDGMENT

Plaintiff [Name], through undersigned counsel, respectfully states:

1. Plaintiff filed the above-captioned Complaint for [specify cause/s of action].
2. Defendant filed an Answer that failed to tender a genuine issue of material fact, as shown by:
   a) [Cite admissions in the Answer or in Requests for Admission]
   b) [Cite relevant parts of depositions, if any]
   c) [Attach pertinent affidavits sworn to on personal knowledge]

3. The attached Affidavit of [Name of Affiant], dated [Date], and supporting documents further confirm that there is no genuine issue of material fact.

4. Under Rule 35, Plaintiff is entitled to a summary judgment as a matter of law on the following grounds:
   a) ...
   b) ...

WHEREFORE, premises considered, Plaintiff respectfully prays that this Honorable Court render summary judgment in favor of Plaintiff and against Defendant, ordering Defendant to:

   a) [Relief sought]
   b) [Other relief as applicable]

Other reliefs just and equitable under the premises are likewise prayed for.

[Date, Place]

                                 Respectfully submitted,

                                 [Law Firm Name]
                                 Counsel for Plaintiff
                                 [Address]
                                 [IBP No., PTR No., Roll No., MCLE Compliance]

cc: [Name and address of Defendant's counsel or Defendant if unrepresented]

IX. PRACTICAL TIPS FOR COUNSEL

  1. Early Case Assessment
    • Evaluate from the beginning if the case hinges on factual disputes. If the crucial facts are undisputed, consider summary judgment to expedite resolution.
  2. Gather Admissible Evidence
    • Compile properly executed affidavits, certified documents, depositions, and admissions. Ensure each piece of evidence is admissible under the Rules of Evidence.
  3. Address Each Potential Issue
    • Anticipate the opponent’s possible arguments, and negate any purported factual dispute by presenting specific, uncontroverted evidence.
  4. Comply with Technical Requirements
    • Affidavits must be based on personal knowledge, not hearsay.
    • Attach a jurat showing the affiant personally appeared before the notary.
  5. Avoid Overreaching
    • If certain facts remain genuinely disputed, do not force a motion for summary judgment on those issues. Consider partial summary judgment on undisputed matters.

X. KEY TAKEAWAYS

  1. Summary Judgment Streamlines Litigation
    • It spares parties and the court from the burden of trial where factual controversies do not truly exist.
  2. Strict Requirements
    • The movant must prove the absence of any genuine issue of material fact; bare assertions or general denials are insufficient.
  3. Protective Device
    • Summary judgment rules also protect the opposing party from hasty disposition if a genuine issue does exist.
  4. Sanctions for Abuse
    • Courts may impose costs, attorney’s fees, or even contempt for affidavits in bad faith or frivolous motions.

Final Note

A motion for summary judgment is a powerful procedural tool, but it requires meticulous preparation, strict adherence to formalities, and a keen understanding of what constitutes a “genuine issue of material fact.” By following Rule 35, relevant jurisprudence, and ethical guidelines, lawyers can effectively utilize summary judgments to expedite proceedings and serve the interests of justice.

Disclaimer: The above information is intended for general educational purposes. It does not substitute for professional legal counsel tailored to specific facts and circumstances. If you have particular questions regarding the application of Rule 35 or any related procedural rule, please consult a qualified Philippine attorney.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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