Demurrer to evidence is a motion to
dismiss on the ground of insufficiency of
evidence. It is a remedy available to the
defendant, to the effect that the evidence
produced by the plaintiff is INSUFFICIENT.
Nature: Judgment on the merits without
the defendants submitting evidence
It is to filed after the PLAINTIFF presented
their evidence
Remedy: Right to present evidence.
Reversal: the defendant shall be deemed
to have waived his right to present
evidence.
Defendant
A party may move for MSJ upon a claim,
counterclaim, or cross claim or to obtain a
declaratory relief may at any time in
answer had been serve, may move with
supporting affidavits depositions or
admissions for a MSJ
Genuine Issue of Fact:
Is an issue which requires the
presentation of evidence as distinguished
from a SHAM, FICTITIOUS, CONTRIVED,
OR FALSE CLAIM
THE PARTY MOVING FOR MSJ HAS THE
BURDEN OF CLEARLY DEMONSTRATING
THE ABSENCE OF ANY GENUINE ISSUE OF
FACT
When to avail MOTION FOR JUDGMENT Summary Judgment is a procedural Requisites for MSJ
ON PLEADINGS: device resorted to in order to avoid long 1. No Genuine Issues as to any
When an answer fails to tender an issue, drawn litigations and useless delays. It is material fact (XPN: AMOUNT OF
or otherwise admits the material based on the facts proven summarily by DAMAGES)
allegations of the adverse party’s pleading
affidavits, deposition, pleading, or 2. He is entitled entitled to judgment
admissions of the parties. as a matter of law
Action on no Issue: The court may motu PLAINTIFF
proprio or on motion render judgment on When is summary judgment proper A party may move for MSJ upon a claim,
the pleadings. Upon motion of the plaintiff or defendant, counterclaim, or cross claim or to obtain a
the court finds that the answer filed by the declaratory relief may at time after the
MJP shall not be subject to CERTIORARI. defendant does not tender a genuine pleading in answer had been serve, may
PROHIBITION, OR MANDAMUS issue as to any material fact and that one move with supporting affidavits
partie is entitled to a judgement. depositions or admissions for a MSJ
A MJP is subject to the 3 day notice rule
No Genuine Issue allows parties to avail MSJ may be filed prior to Pre-Trial
MSJ
Requirements for SJ : Motion should cite Purpose of SJ : To avoid drawn out Duty of the court [Sec. 4, Rule 35]
the supporting affidavits depositions or litigations and useless delays. If on motion for summary judgment,
admissions, and the specific law relied judgment is not rendered upon the whole
upon. MSJ shall not be subject to CERTIORARI. case or for all the reliefs sought and a trial
PROHIBITION, OR MANDAMUS is necessary, the court may:
Remedy: The adverse party may file a 1. Ascertain which material facts exist
comment and serve opposing affidavits, Partial summary judgment – applies when without substantial controversy and the
depositions or admission within a non- for some reason there can be no full extent to which the amount of damages
extendible period of 5 days from the summary judgment. Trial should deal and other reliefs is not in controversy by
receipt of the motion only with the facts not yet specified or a. Examining the pleadings and
established evidence before it; and
A trial is necessary in resolving the motion b. Interrogating counsel
for SJ to consider WN there is Genuine Effect: A partial summary judgment is not 2. Make an order which:
issue a final judgment, but merely a pre-trial a. Specifies which facts ascertained
adjudication that said issues in the case are deemed established, and
Function of SJ: WN THERE IS AN ISSUE TO shall be deemed established for the trial of b. Directs further proceedings as
BE TRIED the case. are just
3. Conduct trial on the controverted facts
Rule on Affidavits of the Movant Affidavits in bad faith [Sec. 6, Rule 35] –
1. Made on personal Knowledge those presented under this Rule which
2. Inside the facts would be appear to the court at any time as
admissible as evidence presented in bad faith or solely for the
3. Affiant is competent to testify to purpose of delay.
the matters stated therein.
Effect of affidavits in bad faith The court:
Certified true copies of all papers or parts 1. Shall order the offending party or
thereof referenced in the affidavit shall be counsel to pay the other party the amount
attached or served with the affidavit of reasonable expenses which the filing of
the affidavits caused him to incur; and
2. May, after hearing, adjudge the
offending party or counsel guilty of
contempt. [Sec. 6, Rule 35]