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Rendering a summary judgment
“A SUMMARY judgment, or accelerated judgment, is a procedural technique to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits on record, or for weeding out sham claims or defenses at an early stage of the litigation to avoid the expense and loss of time involved in a trial” (Philippine Business Bank v. Felipe Chua, G.R. 178899, November 15, 2010).
“[A] factual issue raised by a party is considered as sham when by its nature it is evident that it cannot be proven or it is such that the party tendering the same has neither any sincere intention nor adequate evidence to prove it.
“This usually happens in denials made by defendants merely for the sake of having an issue and thereby gaining delay, taking advantage of the fact that their answers are not under oath anyway” (Calubaquib, et al. v. Republic of the Philippines, G.R. 170658, June 22, 2011).
“When the pleadings on file show that there are no genuine issues of fact to be tried, the Rules 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” (G.R. 178899, November 15, 2010).
Under the Rules of Civil Procedure, the claimant or defending party may apply for summary judgment (Sections 1 and 2, Rule 35).
The court may also include in the pre-trial order that the case be submitted for summary judgment
The Supreme Court has declared that a partial summary judgment is an interlocutory order and not a final judgment if there is no genuine issue as to a material fact (Section 10, Rule 18).
“In determining the genuineness of the issues… the court is obliged to carefully study and appraise, not the tenor or contents of the pleadings, but the facts alleged under oath by the parties and/or their witnesses in the affidavits…
“[T]hus,… even if the pleadings on their face appear to raise issues, a summary judgment is proper so long as ‘the affidavits, depositions, and admissions presented by the moving party show that such issues are not genuine’” (G.R. 170658, June 22, 2011).
If the claiming party seeks to recover a claim, counterclaim, or cross-claim, or to obtain a declaratory relief, he or she may move for summary judgment after an answer has been filed and served.
However, if it is the defendant or the party against whom a claim, counterclaim, or crossclaim is asserted or a declaratory relief is sought, the motion for summary judgment may be filed by them at any time (Sections 1 and 2, Rule 35).
The motion for summary judgment, being a litigious motion, is subject to the comment of the adverse party within five days from receipt of the motion (Section 3, Rule 35 in relation to Section 5, Rule 15).
Any action of the court on the motion for summary judgment (whether to grant or deny the same) is not subject to an appeal, certiorari, prohibition, or mandamus (Section 3, Rule 35).
If the motion for summary judgment is denied the case will have to go to trial as there are genuine issues to be resolved.
However, granting of the motion means that the parties will have to wait for the rendition of the summary judgment.
In either case, the parties are not prohibited from filing a motion for reconsideration (see Section 12, Rule 15).
When the court eventually renders a summary judgment, the losing party may file a motion for reconsideration or an appeal.
The errors of the trial court in rendering a summary judgment and the erroneous appreciation of facts, evidence, and law may be raised in the motion for reconsideration or appeal.
It is significant to note that the 2019 Amendments to the Rules of Civil Procedure now require every pleading stating a party’s claim or defense to (a) state the names of their respective witnesses; (b) provide a summary of the witnesses’ intended testimonies together with their judicial affidavits; and (c) attach the relevant documentary and object evidence (Section 6, Rule 7).
Considering that the testimonies of witnesses, as well as documentary and object evidence are part of the court records, the trial court can, if there is no genuine issue as to any material fact, motu proprio include in the pre-trial order that the case is submitted for summary judgment. The court may also consider the evidence premarked, identified, and compared during pre-trial.
