This case has been cited 6 times or more.
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2013-12-02 |
BRION, J. |
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| With these discussions as premises, the Court is of the view that the proper remedy in the present case is to implead the indispensable parties especially when their non-inclusion is merely a technical defect. To do so would serve proper administration of justice and prevent further delay and multiplicity of suits. Pursuant to Section 9, Rule 3 of the Rules of Court, parties may be added by order of the court on motion of the party or on its own initiative at any stage of the action. If the plaintiff refuses to implead an indispensable party despite the order of the court, then the court may dismiss the complaint for the plaintiff's failure to comply with a lawful court order.[75] The operative act that would lead to the dismissal of the case would be the refusal to comply with the directive of the court for the joinder of an indispensable party to the case.[76] | |||||
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2012-07-18 |
PERALTA, J. |
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| In this respect, the Court's ruling in 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] | |||||
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2012-04-25 |
SERENO, J. |
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| These denials and pleas constitute admissions of material allegations under paragraph 59 of the Petition for Forfeiture a tact they have employed repeatedly in Civil Case No. 0141. As discussed, the purpose of summary judgment is precisely to avoid long drawn litigations and useless delays.[74] We also affirm the Sandiganbayan's findings that the moving party, the Republic, is now entitled to judgment as a matter of law. | |||||
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2010-04-19 |
CARPIO, J. |
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| Summary judgment is a procedural device resorted to in order 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. 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 the said rule 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.[23] | |||||
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2010-02-26 |
DEL CASTILLO, J. |
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| 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] | |||||
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2010-02-17 |
PERALTA, J. |
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| Proceeding to the main issue, this Court finds that the grant of summary judgment was not proper. 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.[49] | |||||