This case has been cited 2 times or more.
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2014-07-09 |
LEONEN, J. |
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| Trial "is the judicial examination and determination of the issues between the parties to the action."[89] During trial, parties "present their respective evidence of their claims and defenses."[90] Parties to an action have the right "to a plenary trial of the case"[91] to ensure that they were given a right to fully present evidence on their respective claims. | |||||
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2012-07-18 |
PERLAS-BERNABE, J. |
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| Summary judgments are proper when, upon motion of the plaintiff or the defendant, the court finds that the answer filed by the defendant does not tender a genuine issue as to any material fact and that one party is entitled to a judgment as a matter of law.[9] In Viajar v. Estenzo,[10] the Court explained: Relief by summary judgment is intended to expedite or promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits. But if there be a doubt as to such facts and there be an issue or issues of fact joined by the parties, neither one of them can pray for a summary judgment. Where the facts pleaded by the parties are disputed or contested, proceedings for a summary judgment cannot take the place of a trial. | |||||