Republic of the Philippines
Regional Trial Court
Ninth Judicial Region
Branch 15
Zamboanga City
POPOY DELA CRUZ,
Plaintiff,
CIVIL CASE NO: 123456
-versus- FOR: COLLECTION OF SUM OF MONEY
BASHA DELA PENA,
Defendant
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MOTION FOR SUMMARY JUDGMENT
Plaintiff, by counsel and unto this Honorable Court, respectfully states:
1. That it was held by the Supreme Court in the case of Calucaquib vs. People,
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;
2. That in the same case, it was explained the test of the propriety of rendering
summary judgments is the existence of a genuine issue of fact, "as distinguished
from a sham, fictitious, contrived or false claim. A factual issue raised by a party
is considered as sham when by its nature it is evident that it cannot be proven
or it is such that the party tendering the same has neither any sincere intention
nor adequate evidence to prove it. This usually happens in denials made by
defendants merely for the sake of having an issue and thereby gaining delay,
taking advantage of the fact that their answers are not under oath anyway.
3. That in connection with the preceding discussion, the Defendant’s answer to the
complaint for the collection of sum of money claims that she has paid the
principal of P100,000.00 amount due together with the interest of 6%. However,
the Defendant did not attach any receipt or document by the plaintiff to show
her payment thereof;
4. That the burden of showing payment rests upon the Defendant, by
showing any valid receipt or document of payment made to the Plaintiff because
a mere verbal claim is not sufficient;
5. That there is no genuine issue of fact that may require a full-blown trial.
PRAYER
WHEREFORE, it is respectfully prayed that this Honorable Court proceed to
render judgment as the complaint may warrant.
Other reliefs, just and equitable under the given circumstances, are likewise
prayed for.
Given this 17h day of February 2023 at Zamboanga City, Philippines.
GENON LAW OFFICE
Counsel for Plaintiff
MP Towers Building
Nunez St., Zamboanga City Contact number: 091234568890 Email Address:
Genonlaw@gmail.com
By:
VEDIA A. GENON
PTR No. 2411111; 01-06-15; Zamboanga City
IBP Lifetime No. 217111; Zamboanga City
Roll of Attorneys No. 91111
MCLE: Passed the 2020-201 Bar Examinations
Copy Furnished:
ATTY. CARDO DALISAY
Counsel for Defendant
Talabaan. Zamboanga City
NOTICE OF HEARING
TO THE BRANCH CLERK OF COURT
Regional Trial Court Zamboanga City, Branch 15
ATTY. CARDO DALISAY
Counsel for Defendant
Please take notice that the foregoing motion shall be submitted for the consideration
and approval of the Honorable Court on Friday, February 24, 2023 at 9:00 a.m or
as soon as counsel and matter may be heard.
VEDIA A. GENON
Counsel for the Plaintiff
