Rule 35 – Summary Judgments
E1014400
Rule 35 – Summary Judgments is a provision in Philippine civil procedure that allows courts to promptly resolve cases without a full trial when there is no genuine issue of material fact.
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
Philippine civil procedure rule
ⓘ
procedural rule ⓘ rule of court ⓘ |
| aimsTo |
minimize litigation costs
ⓘ
promote judicial efficiency ⓘ reduce court congestion ⓘ |
| appliesTo | civil actions ⓘ |
| bindingOn | trial courts in civil cases ⓘ |
| burdenOfProofOn | moving party ⓘ |
| consequenceOfImproperGrant | reversible error on appeal ⓘ |
| country | Philippines ⓘ |
| decisionBasis |
admissions
ⓘ
affidavits ⓘ depositions ⓘ other supporting documents allowed by the Rules of Court ⓘ pleadings ⓘ |
| distinguishedFrom | trial on the merits ⓘ |
| interpretedBy | Philippine Supreme Court jurisprudence ⓘ |
| jurisdiction | Philippine courts NERFINISHED ⓘ |
| language | English (official text) ⓘ |
| legalEffect | permits rendition of judgment without full-blown trial ⓘ |
| legalNature | remedial law provision ⓘ |
| legalSystem | Philippine legal system ⓘ |
| motionFiledBy |
claimant
ⓘ
defending party ⓘ |
| oppositionBy | adverse party ⓘ |
| oppositionRequires | showing of genuine issues of material fact ⓘ |
| partialSummaryJudgmentEffect | resolves some but not all issues ⓘ |
| partOf | Rules of Court of the Philippines NERFINISHED ⓘ |
| possibleOutcome |
full summary judgment
ⓘ
partial summary judgment ⓘ |
| proceduralCharacter | summary procedure for disposition of cases ⓘ |
| protects | right to due process through opportunity to oppose motion ⓘ |
| purpose |
to allow prompt disposition of cases without full trial
ⓘ
to avoid unnecessary trials where there is no genuine issue of material fact ⓘ |
| relatedConcept |
judgment on the pleadings
ⓘ
summary judgment ⓘ |
| remedyType | dispositive motion ⓘ |
| requires |
notice of hearing to the adverse party
ⓘ
supporting affidavits or documents for material facts ⓘ |
| requiresCourtTo |
determine existence of genuine factual issues
ⓘ
view evidence in light most favorable to non-moving party ⓘ |
| requiresFindingOf |
absence of genuine issue of material fact
ⓘ
entitlement to judgment as a matter of law ⓘ |
| sourceType | court-promulgated rule ⓘ |
| stageOfProceedings | after the answer is filed ⓘ |
| standard |
moving party is entitled to judgment as a matter of law
ⓘ
no genuine issue as to any material fact ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.