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H. Motion For Summary Judgment

The plaintiff filed a Motion for Summary Judgment against the defendant. In the motion, the plaintiff states that the defendant admitted to borrowing PHP 3,000,000 from the plaintiff but claimed it was not yet due, without providing any evidence or reason to support extending the loan's due date. As the defendant failed to raise any genuine issues of material fact, the plaintiff argues they are entitled to a judgment as a matter of law. The plaintiff requests the court render a Summary Judgment based on the pleadings filed.

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56 views2 pages

H. Motion For Summary Judgment

The plaintiff filed a Motion for Summary Judgment against the defendant. In the motion, the plaintiff states that the defendant admitted to borrowing PHP 3,000,000 from the plaintiff but claimed it was not yet due, without providing any evidence or reason to support extending the loan's due date. As the defendant failed to raise any genuine issues of material fact, the plaintiff argues they are entitled to a judgment as a matter of law. The plaintiff requests the court render a Summary Judgment based on the pleadings filed.

Uploaded by

bryan rubio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Regional Trial Court


__ Judicial Region
(City), (Branch)

PEOPLE OF THE PHILIPPINES


Plaintiff, Criminal Case No.
-versus- FOR:
(Name of the Accused)
Defendant.

x ---------------------------------------------- x
MOTION FOR SUMMARY JUDGMENT

Plaintiff, by counsel and unto this Honorable Court, respectfully states:


1. On 1 January 2023, plaintiff, through counsel, received an Answer. In
The Answer, defendant admitted that he borrowed the amount of
Three Million Pesos (Php 3,000,000.00) payable on (date) but alleged
that it is not yet due. However, the defendant failed to substantiate this
claim and adduce any reason for the unilateral extension of the term of
the loan.
2. Thus, for failure to tender any genuine issues as to any material fact,
plaintiff is entitled to a judgment as a matter of law.
3. In line with this, plaintiff implores the Honorable Court to render a
Summary Judgment based on the filed pleadings.

PRAYER

WHEREFORE, it is respectfully prayed that this Honorable Court


render judgment as the complaint may warrant.
Other reliefs, just and equitable under the given circumstances, are
likewise prayed for.
Given this (date) at (city and province where court is located),
Philippines.
(name of law office)
(address)
(contact information)
(name of handling counsel)
Roll No.
IBP No.
PTR No.
MCLE No.

Copy furnished.

(name of opposing counsel)


Counsel for Defendant
(address of opposing counsel)

NOTICE OF HEARING

ATTY. (name of branch clerk)


Branch Clerk
(court)
(address of court)

ATTY. (name of Counsel for Defendant)


Counsel for Defendant
(address of opposing counsel)

Greetings! Kindly set the foregoing Motion for Summary Judgment for
Hearing on (date) for the consideration of the Honorable Court.

(name of counsel)
Counsel for Plaintiff

WRITTEN EXPLANATION ON THE MODE OF SERVICE

This Motion for Summary Judgment is being served by registered


mail to Defendant’s counsel due to distance and lack of manpower to effect
the preferred mode of personal service.

(name of counsel)
Counsel for Plaintiff

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