Friday, February 3, 2012

Summary Judgment

A genuine issue of fact is that which requires the presentation of evidence, as distinguished from a sham, fictitious, contrived or false issue. When the facts as pleaded appear uncontested or undisputed, then there is no real or genuine issue. Summary judgment is proper in such a case (Pilipino Telephone Corporation Vs. Radiomarine Network (Smartnet) Philippines, Inc., G.R. No. 160322. August 24, 2011).

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