This case has been cited 1 times or more.
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2002-09-19 |
BELLOSILLO, J. |
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| failure to act swiftly and precisely on the issue. In Heirs of Amparo Del Rosario v. Santos,[58] and Tiu v. Court of Appeals,[59] we noted that the failure to adduce counter-evidence strongly indicated the absence of serious factual issue to prevent summary judgment. It has also been said that while parties are not required to offer affidavits in support of, or in opposition to, summary judgment motions, however, once a properly supported motion for summary judgment has been filed, an adverse party cannot rest upon the mere allegations or denials of his pleadings. As colorfully stated in American jurisprudence, "[the rule on summary judgment] x x x say[s] in effect 'Meet these affidavit facts or judicially die.' The party opposing summary judgment thus must offer either discovery responses or affidavits that set forth specific facts showing that there is a genuine issue for trial."[60] The maneuvering of petitioner-spouses before the trial court reinforces our belief that their claim is unfounded. They contradicted themselves when they claimed that the loan was interest-free and then in another vein contended that it bore the statutory rate of interest, | |||||