Scribd Logo
Upload

Welcome to Scribd!

  • 190 views

    Cases - Motion For Summary Judgement

    Uploaded by

    Karen Jill Matriz Espineli
    1. The document discusses three separate court cases from the Philippines involving issues of forcible entry and unlawful detainer, summary judgment procedures, and expeditious resolution of ejectment cases. 2. It provides guidance from previous court decisions that forcible entry and unlawful detainer cases must prioritize restoring social order promptly over procedural technicalities to avoid unnecessary delays. 3. The requirements for summary judgment are also discussed, noting that it is only appropriate when there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law based on the undisputed facts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Cases - Motion For Summary Judgement

    Uploaded by

    Karen Jill Matriz Espineli
    190 views3 pages
    1. The document discusses three separate court cases from the Philippines involving issues of forcible entry and unlawful detainer, summary judgment procedures, and expeditious resolution of ejectment cases. 2. It provides guidance from previous court decisions that forcible entry and unlawful detainer cases must prioritize restoring social order promptly over procedural technicalities to avoid unnecessary delays. 3. The requirements for summary judgment are also discussed, noting that it is only appropriate when there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law based on the undisputed facts.

    Original Description:

    Cases for summary judgment

    Original Title

    Cases - Motion for Summary Judgement

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The document discusses three separate court cases from the Philippines involving issues of forcible entry and unlawful detainer, summary judgment procedures, and expeditious resolution of ejectment cases. 2. It provides guidance from previous court decisions that forcible entry and unlawful detainer cases must prioritize restoring social order promptly over procedural technicalities to avoid unnecessary delays. 3. The requirements for summary judgment are also discussed, noting that it is only appropriate when there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law based on the undisputed facts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    190 views3 pages

    Cases - Motion For Summary Judgement

    Uploaded by

    Karen Jill Matriz Espineli
    1. The document discusses three separate court cases from the Philippines involving issues of forcible entry and unlawful detainer, summary judgment procedures, and expeditious resolution of ejectment cases. 2. It provides guidance from previous court decisions that forcible entry and unlawful detainer cases must prioritize restoring social order promptly over procedural technicalities to avoid unnecessary delays. 3. The requirements for summary judgment are also discussed, noting that it is only appropriate when there is no genuine dispute of material facts and the moving party is entitled to judgment as a matter of law based on the undisputed facts.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    EUGENIO BASBAS, TEOFILO

    ARAS, RUFINO ARAS,


    GERVACIO BASBAS, ISMAEL
    ARAS, EUGENIO ARAS,
    SIMFRONIO ARAS,
    FELICIANO ARAS, ROSITA
    ARAS, EUGENIO BASBAS, JR.
    and SPOUSES PABLITO
    BASARTE and MARCELINA
    BASBAS BASARTE,
    Petitioners,

    G.R. No. 172660

    Present:
    CORONA, C. J., Chairperson,
    LEONARDO-DE CASTRO,
    BRION,
    DEL CASTILLO, and
    VILLARAMA, JR., JJ.

    - versus BEATA SAYSON and


    ROBERTO SAYSON, JR.,
    Respondents.

    Promulgated:
    August 24, 2011

    the test for a motion for summary judgment is whether the pleadings, affidavits or
    exhibits in support of the motion are sufficient to overcome the opposing papers
    and to justify a finding as a matter of law that there is no defense to the action or
    the claim is clearly meritorious.

    DR. JOSE S. LUNA,


    Complainant,

    A. M. No. MTJ-05-1610
    [formerly OCA IPI No. 04-1548-MTJ]

    Present:
    -versus-

    JUDGE EDUARDO H.
    MIRAFUENTE, Municipal
    Trial Court, Buenavista,
    Marinduque,
    Respondent.

    PANGANIBAN, Chairman,
    SANDOVAL- GUTIERREZ,
    CORONA,
    CARPIO MORALES, and
    GARCIA, JJ.
    Promulgated:
    September 26, 2005

    For forcible entry and unlawful detainer cases involve perturbation of


    social order, which must be restored as promptly as possible, such that
    technicalities or details of procedure which may cause unnecessary delays
    should carefully be avoided.[9
    VICTORIAS MILLING CO.,
    INC.,
    Petitioner,
    - versus -

    G.R. No. 168062


    Present:
    CORONA, CJ., Chairperson,
    VELASCO, JR.,
    LEONARDO-DE CASTRO,
    DEL CASTILLO, and
    PEREZ, JJ.

    COURT OF APPEALS and


    INTERNATIONAL
    PHARMACEUTICALS, INC.
    Promulgated:
    Respondents.
    June 29, 2010
    x------------------------------------------------------------------x

    DECISION
    DEL CASTILLO, J.:
    In an ejectment case mandated to be tried under summary procedure, the
    paramount consideration is its expeditious and inexpensive resolution without
    regard to technicalities.
    Nocom v. Camerino,27 is
    instructive, to wit:
    x x x When the pleadings on file show that there are no genuine issues
    of
    fact to be tried, the Rules of Court allow a party to obtain immediate
    relief
    by way of summary judgment, that is, when the facts are not in
    dispute,
    the court is allowed to decide the case summarily by applying the law
    to

    the material facts. Conversely, where the pleadings tender a genuine


    issue,
    summary judgment is not proper. A genuine issue" is such issue of
    fact
    which requires the presentation of evidence as distinguished from a
    sham,
    fictitious, contrived or false claim. Section 3 of [Rule 35 of the Rules of
    Court] provides two (2) requisites for summary judgment to be proper:
    (1)
    there must be no genuine issue as to any material fact, except for the
    amount of damages; and (2) the party presenting the motion for
    summary
    judgment must be entitled to a judgment as a matter of law. A
    summary
    judgment is permitted only if there is no genuine issue as to any
    material
    fact and a moving party is entitled to a judgment as a matter of law. A
    summary judgment is proper if, while the pleadings on their face
    appear to
    raise issues, the affidavits, depositions, and admissions presented by
    the
    moving party show that such issues are not genuine.28
    In the present case, it bears to note that in

    You might also like