PBB v. Chua
PBB v. Chua
PBB v. Chua
FELIPE CHUA
G.R. No. 178899. November 15, 2010
Issue: Whether a partial summary judgment is a final judgment about PBBs cross-claim against
respondent Chua since respondent Chuas liability will not be affected by the resolution of the
issues of the main case.
Held: No
Ratio:
A summary judgment, or accelerated judgment, is a procedural technique to promptly dispose of
cases where the facts appear undisputed and certain from the pleadings, depositions, admissions
and affidavits on record, or for weeding out sham claims or defenses at an early stage of the
litigation to avoid the expense and loss of time involved in a trial. When the pleadings on file
show that there are no genuine issues of fact to be tried, the Rules allow a party to obtain
immediate relief by way of summary judgment, that is, when the facts are not in dispute, the
court is allowed to decide the case summarily by applying the law to the material facts.
The Rules provide for a partial summary judgment as a means to simplify the trial process by
allowing the court to focus the trial only on the assailed facts, considering as established those
facts which are not in dispute; The partial summary judgment is more akin to a record of pre-
trial, an interlocutory order, rather than a final judgment.
There can be no doubt that the partial summary judgment envisioned by the Rules is an
interlocutory order that was never meant to be treated separately from the main case.
The propriety of the summary judgment may be corrected only on appeal or other direct review,
not a petition for certiorari, since it imputes error on the lower courts judgment.