GARCIA V. CA (REMEDIAL)

The petition is devoid of merit.

Sections 1 and 3 of Rule 34 of the Rules of Court provides:

Section 1. SUMMARY JUDGMENT FOR CLAIMANT - A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affidavits for a summary judgment in his favor upon all or any part thereof.

Section 3. MOTION AND PROCEEDINGS THEREON - The motion shall be served at least 10 days before the time specified for the hearing. The adverse party prior to the day of hearing may serve opposing affidavits. After the hearing, the judgment sought shall be rendered forthwith if the pleading, depositions, and admissions on file together with the affidavits, show that, except as to the amount of damages, there is no genuine issue as to the material fact and that the moving party is entitled to a judgment as a matter of law.

A summary judgment is one granted upon motion by a party for an expeditious settlement of the case, there appearing from the pleadings, deposition,s admissions, and affidavits that there are no important questions or issues of fact posed (except as to the amount of damages) and therefore, the moving party is entitled to a judgment as a matter of law.

In the case under consideration, the pleadings and exhibits on record reveal that there exist genuine issues on material or pertinent facts sufficient to preclude a rendition of summary judgment, which call for trial on the merits.