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  • Motion For Summary Judgment 1

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    Kae Sy
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    This motion for summary judgment is filed by the plaintiff Juan Tamad against the defendant Juan Sipag in a civil case regarding payment of a sum of money. The plaintiff argues that summary judgment should be granted because while the defendant claims to have paid the principal amount, he did not provide any receipt to prove payment. The burden of proof of payment is on the defendant, and a verbal claim alone is not sufficient. There are also no genuine issues of material fact in dispute that would require a full trial. The plaintiff requests the court to render judgment in his favor.

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    Motion for Summary Judgment 1

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    This motion for summary judgment is filed by the plaintiff Juan Tamad against the defendant Juan Sipag in a civil case regarding payment of a sum of money. The plaintiff argues that summary judgment should be granted because while the defendant claims to have paid the principal amount, he did not provide any receipt to prove payment. The burden of proof of payment is on the defendant, and a verbal claim alone is not sufficient. There are also no genuine issues of material fact in dispute that would require a full trial. The plaintiff requests the court to render judgment in his favor.

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    39 views1 page

    Motion For Summary Judgment 1

    Uploaded by

    Kae Sy
    This motion for summary judgment is filed by the plaintiff Juan Tamad against the defendant Juan Sipag in a civil case regarding payment of a sum of money. The plaintiff argues that summary judgment should be granted because while the defendant claims to have paid the principal amount, he did not provide any receipt to prove payment. The burden of proof of payment is on the defendant, and a verbal claim alone is not sufficient. There are also no genuine issues of material fact in dispute that would require a full trial. The plaintiff requests the court to render judgment in his favor.

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    © All Rights Reserved
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    of 1

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT OF ILOCOS SUR


    First Judicial Region
    Branch 21 - 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 the undersigned counsel and to this Honorable Court, respectfully
    alleges following grounds:
    1. In defendant's Answer to the complaint for the sum of money, he claims
    that he has paid the principal amount and the remaining issue refers
    merely to the proper mathematical computation (6% Interest) of the
    interest which raises no factual issue. However, defendant did not attach to
    his answer any alleged receipt issued by the plaintiff to show his payment;

    2. That burden of showing payment rests on defendant, by showing receipt of


    payment, if any. A verbal claim is not sufficient.

    3. That there is no genuine issue of fact, which may require a full-blown trial.

    WHEREFORE, it is respectfully prayed that this Honorable Court render


    judgment in the complaint, and for such other reliefs as may be just and equitable
    in the premises.
    April 20, 2021, Vigan City, Ilocos Sur, Philippines.
    (Sgd.)
    PHREXILYN PAJRILLO
    Counsel for the Plaintiff
    Balaleng, Bantay, locos Sur
    Roll of Attorney No. 12345
    IBP No. 12345/2-5-21
    PTR No. 87654/12-22-20
    MCLE Compliance No.:
    Email Add: phrexilynpajarillo@gmail.com
    C.P. No.: 09173456789

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