This case has been cited 2 times or more.
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2006-04-19 |
CALLEJO, SR., J. |
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| A genuine issue is an issue of fact which requires the presentation of evidence as distinguished from an issue which is a sham, fictitious, contrived or a false claim. The trial court can determine a genuine issue on the basis of the pleadings, admissions, documents, affidavits or counteraffidavits submitted by the parties. When the facts as pleaded appear uncontested or undisputed, then there is no real or genuine issue or question as to any fact and summary judgment called for. On the other hand, where the facts pleaded by the parties are disputed or contested, proceedings for a summary judgment cannot take the place of a trial.[29] The evidence on record must be viewed in light most favorable to the party opposing the motion who must be given the benefit of all favorable inferences as can reasonably be drawn from the evidence.[30] | |||||
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2002-09-19 |
BELLOSILLO, J. |
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| trial, contrary to our ruling in Paz v. Court of Appeals.[42] They further allege in their statement of facts that On February 2, 1991, plaintiff Guillermo Agbada, being then an official of a security agency which is a sister company of respondent Inter-Urban Developer and because of financial problem faced by the couple, arranged with Simeon Lee Ong Tiam (his close compadre, | |||||