Lawyerly

GR No. 202989

2015-03-25

COMGLASCO CORPORATION v. SANTOS CAR CHECK CENTER CORPORATION

REYES, J.

A judgment on the pleadings is a judgment on the facts as pleaded,[17] and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes.[18] It is settled that the trial court has the discretion to grant a motion for judgment on the pleadings filed by a party if there is no controverted matter in the case after the answer is filed.[19] A genuine issue of fact is that which requires the presentation of evidence, as distinguished from a sham, fictitious, contrived or false issue.[20] Come to think of it, under Rule 35, on Summary Judgments, Comglasco had recourse to move for summary judgment, wherein it could have adduced supporting evidence to justify its action on the parties' lease, but it did not do so. Section 2 of Rule 35 provides: Sec. 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.

GR No. 156330

2014-11-19

NEDLLOYD LIJNEN B.V. ROTTERDAM v. GLOW LAKS ENTERPRISES

PEREZ, J.

For a copy of a foreign public document to be admissible, the following requisites are mandatory: (1) it must be attested by the officer having legal custody of the records or by his deputy; and (2) it must be accompanied by a certificate by a secretary of the embassy or legation, consul general, consul, vice-consular or consular agent or foreign service officer, and with the seal of his office.[15] Such official publication or copy must be accompanied, if the record is not kept in the Philippines, with a certificate that the attesting officer has the legal custody thereof.[16] The certificate may be issued by any of the authorized Philippine embassy or consular officials stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.[17] The attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be, and must be under the official seal of the attesting officer.[18]

GR No. 198742

2012-08-10

TEODORA SOBEJANA-CONDON v. COMELEC

REYES, J.

Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven.[29] To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court which reads: Sec. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice- consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. (Emphasis ours)

GR No. 173128

2012-02-15

MARITIMEINDUSTRY AUTHORITY v. MARC PROPERTIES CORPORATION

VILLARAMA, JR., J.

Summary judgment is a procedural device resorted to in order to avoid long drawn out litigations and useless delays where the pleadings on file show that there are no genuine issues of fact to be tried.[24]A "genuine issue" is such issue of fact which require the presentation of evidence as distinguished from a sham, fictitious, contrived or false claim.[25]There can be no summary judgment where questions of fact are in issue or where material allegations of the pleadings are in dispute.[26] A party who moves for summary judgment has the burden of demonstrating clearly the absence of any genuine issue of fact, or that the issue posed in the complaint is so patently unsubstantial as not to constitute a genuine issue for trial, and any doubt as to the existence of such an issue is resolved against the movant.[27]

GR No. 168922

2011-04-13

WILFREDO Y. ANTIQUINA v. MAGSAYSAY MARITIME CORPORATION

LEONARDO-DE CASTRO, J.

It likewise does not escape our notice that under the pertinent provisions of the above-mentioned agreement the computation and payment of compensation for injuries depend on the applicable provisions of the Singapore Workmen's Compensation Act which petitioner did not prove in these proceedings. Verily, the application and enforcement of foreign law is beyond this Court's authority, especially in the absence of proof of such foreign law. As we previously ruled in one case, "foreign laws do not prove themselves in our courts. Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven. x x x."[40]

GR No. 167415

2010-02-26

ATTY. MANGONTAWAR M. GUBAT v. NATIONAL POWER CORPORATION

DEL CASTILLO, J.

A summary judgment is allowed only if, after hearing, the court finds that except as to the amount of damages, the pleadings, affidavits, depositions and admissions show no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.[23] The purpose of a summary judgment is to avoid drawn out litigations and useless delays because the facts appear undisputed to the mind of the court. Such judgment is generally based on the facts proven summarily by affidavits, depositions, pleadings, or admissions of the parties.[24] For a full-blown trial to be dispensed with, the party who moves for summary judgment has the burden of demonstrating clearly the absence of genuine issues of fact, or that the issue posed is patently insubstantial as to constitute a genuine issue.[25] "Genuine issue" means an issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious or contrived.[26]

GR NO. 157862

2009-04-16

PHILIPPINE COUNTRYSIDE RURAL BANK v. JOVENAL B. TORING

CARPIO, J.

A summary judgment is a procedural technique designed to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions, and affidavits on record. Its purpose is to avoid long drawn out litigations and useless delays. 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.[29] Conversely, where the pleadings tender a genuine issue, summary judgment is not proper and the movant is not allowed to obtain immediate relief. A "genuine issue" is such issue of fact which requires presentation of evidence as distinguished from a sham, fictitious, contrived, or false claim.[30]

GR NO. 145844

2006-08-10

RICARDO G. ENRIQUEZ v. HEIRS OF SPS. NIEVES AND ALFREDO BALDONADO

CORONA, J.

[11] Manufacturers Hanover Trust Co. v. Guerrero, 445 Phil. 772 (2003).

GR No. 145469

2004-05-28

COTABATO TIMBERLAND CO. v. C. ALCANTARA

QUISUMBING, J.

A court may grant a summary judgment to settle expeditiously a case if, on motion of either party, there appears from the pleadings, depositions, admissions, and affidavits that no important issues of fact are involved, except the amount of damages. In such event, the moving party is entitled to a judgment as a matter of law. Trial courts have limited authority to render summary judgments and may do so only when there is clearly no genuine issue as to any material fact.[15] In other words, in a motion for summary judgment, the crucial question is: are the issues raised in the pleadings genuine, sham or fictitious, as shown by affidavits, depositions or admissions accompanying the motion? [16]

GR No. 145469

2004-05-28

COTABATO TIMBERLAND CO. v. C. ALCANTARA

QUISUMBING, J.

Notwithstanding certain stipulated facts, when material allegations as pleaded by the parties are disputed, including the interpretation of the stipulation itself, then it cannot be asserted that there was no real issue necessitating a formal trial. For there can be no summary judgment where questions of fact are in issue or where material allegations of the pleadings are in dispute.[24] As the party moving for summary judgment, petitioner has the burden of clearly demonstrating the absence of any genuine issue of fact. Any doubt as to the existence of such issue, in our view, must be resolved against the movant.

GR No. 148864

2003-08-21

SPS. EDUARDO B. EVANGELISTA v. MERCATOR FINANCE CORP.

PUNO, J.

Summary judgment "is a procedural technique aimed at weeding out sham claims or defenses at an early stage of the litigation."[19] The crucial question in a motion for summary judgment is whether the issues raised in the pleadings are genuine or fictitious, as shown by affidavits, depositions or admissions accompanying the motion. A genuine issue means "an issue of fact which calls for the presentation of evidence, as distinguished from an issue which is fictitious or contrived so as not to constitute a genuine issue for trial."[20] To forestall summary judgment, it is essential for the non-moving party to confirm the existence of genuine issues where he has substantial, plausible and fairly arguable defense, i.e., issues of fact calling for the presentation of evidence upon which a reasonable finding of fact could return a verdict for the non-moving party. The proper inquiry would therefore be whether the affirmative defenses offered by petitioners constitute genuine issue of fact requiring a full-blown trial.[21]

	GR No. 202989 2015-03-25	COMGLASCO CORPORATION v. SANTOS CAR CHECK CENTER CORPORATION REYES, J.
A judgment on the pleadings is a judgment on the facts as pleaded,[17] and is based exclusively upon the allegations appearing in the pleadings of the parties and the accompanying annexes.[18] It is settled that the trial court has the discretion to grant a motion for judgment on the pleadings filed by a party if there is no controverted matter in the case after the answer is filed.[19] A genuine issue of fact is that which requires the presentation of evidence, as distinguished from a sham, fictitious, contrived or false issue.[20] Come to think of it, under Rule 35, on Summary Judgments, Comglasco had recourse to move for summary judgment, wherein it could have adduced supporting evidence to justify its action on the parties' lease, but it did not do so. Section 2 of Rule 35 provides: Sec. 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.
	GR No. 156330 2014-11-19	NEDLLOYD LIJNEN B.V. ROTTERDAM v. GLOW LAKS ENTERPRISES PEREZ, J.
For a copy of a foreign public document to be admissible, the following requisites are mandatory: (1) it must be attested by the officer having legal custody of the records or by his deputy; and (2) it must be accompanied by a certificate by a secretary of the embassy or legation, consul general, consul, vice-consular or consular agent or foreign service officer, and with the seal of his office.[15] Such official publication or copy must be accompanied, if the record is not kept in the Philippines, with a certificate that the attesting officer has the legal custody thereof.[16] The certificate may be issued by any of the authorized Philippine embassy or consular officials stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.[17] The attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be, and must be under the official seal of the attesting officer.[18]
	GR No. 198742 2012-08-10	TEODORA SOBEJANA-CONDON v. COMELEC REYES, J.
Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven.[29] To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court which reads: Sec. 24. Proof of official record. The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice- consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office. (Emphasis ours)
	GR No. 173128 2012-02-15	MARITIMEINDUSTRY AUTHORITY v. MARC PROPERTIES CORPORATION VILLARAMA, JR., J.
Summary judgment is a procedural device resorted to in order to avoid long drawn out litigations and useless delays where the pleadings on file show that there are no genuine issues of fact to be tried.[24]A "genuine issue" is such issue of fact which require the presentation of evidence as distinguished from a sham, fictitious, contrived or false claim.[25]There can be no summary judgment where questions of fact are in issue or where material allegations of the pleadings are in dispute.[26] A party who moves for summary judgment has the burden of demonstrating clearly the absence of any genuine issue of fact, or that the issue posed in the complaint is so patently unsubstantial as not to constitute a genuine issue for trial, and any doubt as to the existence of such an issue is resolved against the movant.[27]
	GR No. 168922 2011-04-13	WILFREDO Y. ANTIQUINA v. MAGSAYSAY MARITIME CORPORATION LEONARDO-DE CASTRO, J.
It likewise does not escape our notice that under the pertinent provisions of the above-mentioned agreement the computation and payment of compensation for injuries depend on the applicable provisions of the Singapore Workmen's Compensation Act which petitioner did not prove in these proceedings. Verily, the application and enforcement of foreign law is beyond this Court's authority, especially in the absence of proof of such foreign law. As we previously ruled in one case, "foreign laws do not prove themselves in our courts. Foreign laws are not a matter of judicial notice. Like any other fact, they must be alleged and proven. x x x."[40]
	GR No. 167415 2010-02-26	ATTY. MANGONTAWAR M. GUBAT v. NATIONAL POWER CORPORATION DEL CASTILLO, J.
A summary judgment is allowed only if, after hearing, the court finds that except as to the amount of damages, the pleadings, affidavits, depositions and admissions show no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.[23] The purpose of a summary judgment is to avoid drawn out litigations and useless delays because the facts appear undisputed to the mind of the court. Such judgment is generally based on the facts proven summarily by affidavits, depositions, pleadings, or admissions of the parties.[24] For a full-blown trial to be dispensed with, the party who moves for summary judgment has the burden of demonstrating clearly the absence of genuine issues of fact, or that the issue posed is patently insubstantial as to constitute a genuine issue.[25] "Genuine issue" means an issue of fact which calls for the presentation of evidence as distinguished from an issue which is fictitious or contrived.[26]
	GR NO. 157862 2009-04-16	PHILIPPINE COUNTRYSIDE RURAL BANK v. JOVENAL B. TORING CARPIO, J.
A summary judgment is a procedural technique designed to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions, and affidavits on record. Its purpose is to avoid long drawn out litigations and useless delays. 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.[29] Conversely, where the pleadings tender a genuine issue, summary judgment is not proper and the movant is not allowed to obtain immediate relief. A "genuine issue" is such issue of fact which requires presentation of evidence as distinguished from a sham, fictitious, contrived, or false claim.[30]
	GR NO. 145844 2006-08-10	RICARDO G. ENRIQUEZ v. HEIRS OF SPS. NIEVES AND ALFREDO BALDONADO CORONA, J.
[11] Manufacturers Hanover Trust Co. v. Guerrero, 445 Phil. 772 (2003).
	GR No. 145469 2004-05-28	COTABATO TIMBERLAND CO. v. C. ALCANTARA QUISUMBING, J.
A court may grant a summary judgment to settle expeditiously a case if, on motion of either party, there appears from the pleadings, depositions, admissions, and affidavits that no important issues of fact are involved, except the amount of damages. In such event, the moving party is entitled to a judgment as a matter of law. Trial courts have limited authority to render summary judgments and may do so only when there is clearly no genuine issue as to any material fact.[15] In other words, in a motion for summary judgment, the crucial question is: are the issues raised in the pleadings genuine, sham or fictitious, as shown by affidavits, depositions or admissions accompanying the motion? [16]
	GR No. 145469 2004-05-28	COTABATO TIMBERLAND CO. v. C. ALCANTARA QUISUMBING, J.
Notwithstanding certain stipulated facts, when material allegations as pleaded by the parties are disputed, including the interpretation of the stipulation itself, then it cannot be asserted that there was no real issue necessitating a formal trial. For there can be no summary judgment where questions of fact are in issue or where material allegations of the pleadings are in dispute.[24] As the party moving for summary judgment, petitioner has the burden of clearly demonstrating the absence of any genuine issue of fact. Any doubt as to the existence of such issue, in our view, must be resolved against the movant.
	GR No. 148864 2003-08-21	SPS. EDUARDO B. EVANGELISTA v. MERCATOR FINANCE CORP. PUNO, J.
Summary judgment "is a procedural technique aimed at weeding out sham claims or defenses at an early stage of the litigation."[19] The crucial question in a motion for summary judgment is whether the issues raised in the pleadings are genuine or fictitious, as shown by affidavits, depositions or admissions accompanying the motion. A genuine issue means "an issue of fact which calls for the presentation of evidence, as distinguished from an issue which is fictitious or contrived so as not to constitute a genuine issue for trial."[20] To forestall summary judgment, it is essential for the non-moving party to confirm the existence of genuine issues where he has substantial, plausible and fairly arguable defense, i.e., issues of fact calling for the presentation of evidence upon which a reasonable finding of fact could return a verdict for the non-moving party. The proper inquiry would therefore be whether the affirmative defenses offered by petitioners constitute genuine issue of fact requiring a full-blown trial.[21]

MANUFACTURERS HANOVER TRUST CO. v. RAFAEL MA. GUERRERO