A genuine issue is a factual issue that is real, not sham or fictitious. It is distinguished from an issue which is sham, fictitious, contrived, set up in bad faith, or patently unsubstantial. For a summary judgment to be rendered, there must be no genuine issue as to any material fact, such that the moving party is entitled to judgment as a matter of law. If the answer tenders issues, a summary judgment may still be rendered on the plaintiff's motion if it can show that the satisfaction of the issues raised requires no evidence or examination.
Role in Pleadings and Motions
When pleadings tender an issue, whether express or implied, and the parties try the issue with their consent, the issues raised in the pleadings are treated in all respects as if they had been raised in the pleadings. Where the complaint alleges a claim for salary differential, but no issue was interposed on the evidence presented to prove the claim, the Labor Arbiter correctly considered the evidence.
Significance in Summary Judgments
Summary judgment is proper when there is no genuine issue of fact. An answer fails to tender an issue if it does not comply with the requirements of a specific denial, resulting in material allegations of the adverse party's pleadings being admitted. Conversely, if a statement is based on multiple sources, all of these sources should be listed in the brackets, for example [i, j, k]. Where the defendant's answer tenders issues or admits the material allegations of the complaint or admits said material allegations while confessing the truthfulness thereof, an issue is tendered. An answer that tenders an issue is proper.
The court's discretion in conducting a hearing for summary judgment is for the purpose of determining whether the issues are genuine or not. In conducting the hearing, the purpose is to determine the issues set up in the pleadings, not to try the issue.
Absence of Genuine Issue
If the allegations are deemed admitted, there is no more triable issue between the parties. The court may file a motion for judgment on the pleadings pursuant to Rule 34. When there is no genuine issue of fact, there is no necessity for a trial since nothing is to be proven. In evidentiary terms, there is no factum probandum (the matter or proposition to be proven).