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C ocofed vs Republic

Rule 35 SUMMARY JUDGMENT


CIVIL CASE No.
0033
Cocofed Class action Omnibus Motion
Separate Summary judgment
CIVIL CASE No. 0032-A CIVIL CASE No. 0033-F
(UCPB shares) PSJ-F(SMC shares )
PSJ-A Partial Summary judgment Partial Summary judgment

Republic 1) Declaring Section 5 of Article III of P.D. No. 961


a. That Section 2 of [PD] 755, Section 5, (Coconut Industry Code) and Section 5 of Article
Article III of P.D. 961 and Section 5, III of P.D. No. 1468 (Revised Coconut Industry
Article III of P.D. No. 1468 are Code) to be unconstitutional;
unconstitutional; 2) Declaring that CIF payments under RA No.
b. That … (CIF) payments under … (R.A.) 6260 are not valid and legal bases for ownership
No. 6260 are not valid and legal bases claims over the CIIF companies and, ultimately,
for ownership claims over UCPB shares; the CIIF block of SMC shares; and
and 3) Ordering the reconveyance of the CIIF
c. That COCOFED, et al., and Ballares, et companies, the 14 holding companies, and the
al. have not legally and validly obtained 27% CIIF block of San Miguel Corporation shares
title over the subject UCPB shares. of stocks in favor of the government and
declaring the ownership thereof to belong to the
government in trust for all the coconut farmers.
Issue
Whether the granting of PSJ-A and PSJ-F
by the Sandiganbayan is proper
YES

Whether the granting of PSJ-A and PSJ-F by


the Sandiganbayan deprived COCOFED’s
right to be heard?
NO
Both Cocofed and Republic can move for summary judgment.
“It cannot be stressed enough that the Republic as well as herein petitioners were well within their
rights to move, as they in fact separately did, for a partial summary judgment.”

SECTION 1. Summary judgment for claimant.—A party seeking to recover upon a claim, counterclaim, or cross-claim …
may, at any time after the pleading in answer thereto has been served, move with supporting affidavits, depositions or
admissions for a summary judgment in his favor upon all or any part thereof.

SEC. 2. Summary judgment for defending party.—A party against whom a claim, counterclaim or cross-claim is
asserted … is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment
in his favor as to all or any part thereof.

SEC. 4. Case not fully adjudicated on motion.—If on motion under this Rule, judgment is not rendered upon the whole
case or for all the reliefs sought and a trial is necessary, the court at the hearing of the motion, by examining the pleadings
and the evidence before it and by interrogating counsel shall ascertain what material facts exist without substantial
controversy and what are actually and in good faith controverted. It shall thereupon make an order specifying the facts
that appear without substantial controversy, including the extent to which the amount of damages or other relief is not
in controversy, and directing such further proceedings in the action as are just. The facts so specified shall be deemed
established, and the trial shall be conducted on the controverted facts accordingly.
Summary judgment may be allowed where,

save for the amount of damages, there is, as shown by affidavits and like evidentiary documents,

no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter
of law.

A "genuine issue", as distinguished from one that is fictitious, contrived and set up in bad faith,
means an issue of fact that calls for the presentation of evidence.

Summary or accelerated judgment, therefore, is a procedural technique aimed at weeding out sham
claims or defenses at an early stage of the litigation.
COCOFED’s right to be heard had not been violated by the mere
issuance of PSJ-A and PSJ-F before they can adduce their evidence

As it were, petitioners COCOFED et al. were able to present documentary evidence in conjunction with
its "Class Action Omnibus Motion" where they appended around four hundred (400) documents
including affidavits of alleged farmers.

COCOFED et al. even filed their own Motion for Separate Summary Judgment, an event reflective of their
admission that there are no more factual issues left to be determined at the level of the Sandiganbayan.
This act of filing a motion for summary judgment is a judicial admission against COCOFED under Section
26, Rule 130 which declares that the "act, declaration or omission of a party as to a relevant fact may be
given in evidence against him."