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    Motion For Summary Judgment

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    JM Enguito
    Plaintiff Juan Tamad filed a civil case against Defendant Juan Sipag for collection of a sum of money. Plaintiff filed a Motion for Summary Judgment, arguing that Defendant only verbally claimed to have paid the principal and interest owed but did not provide any receipt showing actual payment. The burden of proof for payment is on Defendant, and a mere verbal claim is insufficient. There are no genuine issues of material fact requiring a full trial. Plaintiff requests the court render judgment based on the complaint.

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    Motion For Summary Judgment

    Uploaded by

    JM Enguito
    43 views3 pages
    Plaintiff Juan Tamad filed a civil case against Defendant Juan Sipag for collection of a sum of money. Plaintiff filed a Motion for Summary Judgment, arguing that Defendant only verbally claimed to have paid the principal and interest owed but did not provide any receipt showing actual payment. The burden of proof for payment is on Defendant, and a mere verbal claim is insufficient. There are no genuine issues of material fact requiring a full trial. Plaintiff requests the court render judgment based on the complaint.

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    Motion for Summary Judgment

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    Plaintiff Juan Tamad filed a civil case against Defendant Juan Sipag for collection of a sum of money. Plaintiff filed a Motion for Summary Judgment, arguing that Defendant only verbally claimed to have paid the principal and interest owed but did not provide any receipt showing actual payment. The burden of proof for payment is on Defendant, and a mere verbal claim is insufficient. There are no genuine issues of material fact requiring a full trial. Plaintiff requests the court render judgment based on the complaint.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views3 pages

    Motion For Summary Judgment

    Uploaded by

    JM Enguito
    Plaintiff Juan Tamad filed a civil case against Defendant Juan Sipag for collection of a sum of money. Plaintiff filed a Motion for Summary Judgment, arguing that Defendant only verbally claimed to have paid the principal and interest owed but did not provide any receipt showing actual payment. The burden of proof for payment is on Defendant, and a mere verbal claim is insufficient. There are no genuine issues of material fact requiring a full trial. Plaintiff requests the court render judgment based on the complaint.

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    © All Rights Reserved
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    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT OF ILOCOS SUR


    First Judicial Region
    Branch21- Vigan City

    JUAN TAMAD
    Plaintiff, CIVIL CASE NO 1016
    FOR SUM OF MONEY
    -versus-

    JUAN SIPAG
    Defendant
    x. . . . . . . . . . . . . . . . .x

    MOTION FOR SUMMARY JUDGMENT


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

    1. That in Defendant’s answer to the complaint for the collection of sum


    of money with damages, she claims that she has paid the principal
    amount due together with the interest of 6%. However, the Defendant
    did not attach any receipt by the plaintiff to show her payment
    thereof;
    2. That the burden of showing payment rests upon the Defendant, by
    showing any valid receipt of payment made to the Plaintiff because a
    mere verbal claim is not sufficient;
    3. 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 29th day of September 2022 at Digos City, Davao del Sur,
    Philippines.

    By:

    Atty. KAREN MAECHELLE N. EDULLANTES

    Supervising Lawyer-Affiant
    PTR No. 123456 Jan. 3,
    2019
    IBP No. 2341234 Jan. 3, 2019
    Roll No. 53467 June 17, 2018
    MCLE Compliance Not Re-
    quired

    Copy Fur-
    nished:

    Atty. Madi
    Gwaps

    Counsel for Defendant


    NOTICE OF HEARING

    The Honorable Clerk of Court


    RTC Digos, Branch 18

    Atty. Madi Gwaps


    Counsel for the Defendant

    Please take notice that the foregoing motion shall be submit-


    ted for the consideration and approval of the Honorable Court on Friday,
    September 30, 2022 at 9:00 a.m or as soon as counsel and matter may
    be heard.

    Atty. KAREN MAECHELLE N. EDULLANTES

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