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SOLIDBANK CORPORATION v. CA

This case has been cited 5 times or more.

	GR No. 190236 2015-06-15	DENNIS MORTEL v. MICHAEL BRUNDIGE BRION, J.
The petitioner also assails the RTC's summary judgment. Citing the Court's ruling in Solid Bank v. Court of Appeals,[5] in relation with Sections 1 and 3, Rule 35 of the 1997 Rules of Civil Procedure, he alleges that the respondent failed to observe the requirements laid down in Sections 1 and 3, Rule 35 of the 1997 Rules of Procedure as the RTC and the CA decisions failed to mention that he submitted affidavits and pleadings in support of his motion.
	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. 155174 2009-08-04	D.M. CONSUNJI v. DUVAZ CORPORATION VELASCO JR., J.
In Solidbank Corp. v. CA,[17] the Court, explaining when summary judgment may be allowed, wrote: 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 of Court allows 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.
	GR No. 182984 2009-02-10	MARIANO NOCOM v. OSCAR CAMERINO AZCUNA, J.
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.[5] 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.[6]
	GR No. 153126 2003-09-11	MONTEREY FOODS CORP. v. VICTORINO E. ESERJOSE YNARES-SANTIAGO, J.
A summary judgment or accelerated judgment is a procedural technique to promptly dispose of cases where the facts appear undisputed and certain from the pleadings, depositions, admissions and affidavits on record, or for weeding out sham claims or defenses at an early stage of the litigation to avoid the expense and loss of time involved in a trial. Its object is to separate what is formal or pretended in denial or averment from what is genuine and substantial so that only the latter may subject a party in interest to the burden of trial.[20] Moreover, said summary judgment must be premised on the absence of any other triable genuine issues of fact.[21] Otherwise, the movant cannot be 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.[22]