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FIRST DIVISION

[G.R. No. 219294. October 12, 2015.]

ABS-CBN CORPORATION , petitioner, vs. WILLIE B. REVILLAME AND


ABC DEVELOPMENT CORPORATION , respondents.

NOTICE

Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated
October 12, 2015 which reads as follows:
"G.R. No. 219294 (ABS-CBN Corporation v. Willie B. Revillame and ABC
Development Corporation) . — The petitioner's motion for an extension of thirty (30)
days within which to le a petition for review on certiorari is GRANTED , counted from
the expiration of the reglementary period.
After an assiduous scrutiny of the records, the Court resolves to DENY the
instant petition and AFFIRM the October 14, 2014 Decision 1 and July 1, 2015
Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 127448 for failure of
petitioner ABS-CBN Corporation to suf ciently show that the CA committed any
reversible error in upholding the dismissal of its motion for summary judgment for lack
of merit.
As correctly ruled by the CA, summary judgment was not proper since there is a
necessity to conduct trial to resolve the issue of whether or not the contract subject of
this case was validly rescinded through the appropriate extrajudicial means, which
circumstances have been clearly disputed by the parties. Indeed, "[t]rial courts have
limited authority to render summary judgments and may do so only when there is
clearly no genuine issue as to any material fact." 3 To the Court's mind, the foregoing
issue constitutes a genuine issue based on its attribution in jurisprudence. As
elucidated in Evadel Realty and Development Corp. v. Spouses Soriano , 4 "[a] 'genuine
issue' is an issue of fact which requires the presentation of evidence as distinguished
from a sham, ctitious, contrived or false claim. When the facts as pleaded appear
uncontested or undisputed, then there is no real or genuine issue or question as to the
facts, and summary judgment is called for. The party who moves for summary
judgment has the burden of demonstrating clearly the absence of any genuine issue of
fact, or that the issue posed in the complaint is patently unsubstantial so as not to
constitute a genuine issue for trial. . . . When the facts as pleaded by the parties are
disputed or contested, proceedings for summary judgment cannot take the place of
trial," 5 as in this case. EATCcI

SO ORDERED. "

Very truly yours,

(SGD.) EDGAR O. ARICHETA


CD Technologies Asia, Inc. © 2016 cdasiaonline.com
Division Clerk of Court
Footnotes

1. Rollo, pp. 94-109. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate
Justices Vicente S.E. Veloso and Jane Aurora C. Lantion concurring.

2. Id. at 111-112. Penned by Associate Justice Nina G. Antonio-Valenzuela with Associate


Justices Noel G. Tijam and Jane Aurora C. Lantion concurring.

3. Evadel Realty and Development Corp. v. Spouses Soriano, 409 Phil. 450, 461 (2001).
4. Id.

5. Id.; citations omitted.

CD Technologies Asia, Inc. © 2016 cdasiaonline.com

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