Summary Procedure Reviewer

1991 Revised Rule on Summary Procedure I. Applicability Applicability Section 1. Scope  This rule shal shal govern govern summary procedure procedure in in MeTC, MeTC, MTCC, MTCC, MTC MTC and MCTC MCTC A. Civi Civill Case Cases s a. All cases cases of Forcib orcible le entry entry and unla unlaful ful detaine detainer, r, irresp irrespect ective ive of the the amount amount of  damages or unpaid rentals sought to be aarded. Attys fees to be aarded can!t e"ceed #$%&. b. All other cases, e"cept e"cept probate probate proceedings proceedings here the the total amount amount of the plainti'!s claim does not e"ceed #1%%( outside Metro Manila, or #$%%& if ithin MM. II. Civil Cases Section ). A. The only pleading pleadings s alloe alloed d are* are* a. Comp Compla laiint b. Compul Compulso sory ry Coun Counter tercla claim im c. Cross Cross+cl +claim aims s pleade pleaded d in the ans anser er d. An Ans ser ers s tthe herreto eto . All plea pleadin dings gs must must be veriveri-ed. ed. Section . /uty of court After the court determined that the case falls under Summary #rocedure, it may, from e"amination of allegations 1. /ismiss the the case outright outright 0 if if grounds grounds for dismissal of civil action action e"ists e"ists $. Issue Issue summons summons 0 if no ground ground for dismi dismissal ssal subsis subsists ts •

Section . Anser /efendant must 213 -le anser to the complaint and 2$3 serve a copy to the plainti'  4ithin 1% days from service of summons • •

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A5rmative and negative defenses not pleaded in the anser shall be deemed aived 67C6#T for lac( of 8urisdiction over the sub8ect matter Cross+claims and compulsory counterclaims not pleaded in anser shall also be barred. Ansers thereto must be -led ithin 1% days form receipt.

Section 9. 6'ect of failure to anser If defendant fails to anser, the case ill be decided based on the allegations in the complaint.  :udgment shall be limited to those prayed for, ;<46=6>, the court may reduce damages if demand is e"cessive •

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Section ?. #reliminary Conference 2li(e pre+trial3 @ot later than )% days after the last anser is -led >ules on pre+trial shall apply If plainti' fails to appear 0 case ill be dismissed. /efendant ho appears shall be entitled to 8udgment he prayed for in his counter claim If defendant fails to appear 0 plainti' ill be entitled to 8udgment 2if there is only one defendant3 • • •

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If there are to or more defendants sued under same C
Section . >ecord of preliminary conference  :udge shall issue an order ithin  days from termination of #C. 2li(e pre+trial order3 •

Section B. Submission of a5davits and position papers 2li(e trial3 4ithin 1% days from receipt of the orderD •

Section 1%. >endition of :udgment 4ithin )% days after receipt of the last a5davit and position paper <> the e"piration of the period for -ling the same o IF there are matters that are needed to be clari-ed 0 the Court may issue an order reEuiring the parties to submit more a5davits ithin 1% days. o  :udgment shall be rendered ithin 1 days after the last -ling or the e"piration of  1% days. •

I=. Common #rovisions Section 1. >eferral to upon 4hen cases reEuired to be referred to upon have not complied ith such rule, the case should be dismissed by the 8udge ithout pre8udice.  The case may be revived upon compliance ith the reEuirement. •

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Section 1B. #rohibited pleadings and motions 1. Motion to dismiss 0 e"cept on lac( of 8urisdiction over the sub8ect matter and failure to comply ith #rior arangay conciliation $. Motion for a bill of particularsG ). Motion for ne trial, or for reconsideration of a 8udgment, or for opening of trialG . #etition for relief from 8udgmentG . Motion for e"tension of time to -le pleadings, a5davits or any other paperG 9. MemorandaG ?. #etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the courtG . Motion to declare the defendant in defaultG B. /ilatory motions for postponementG 1%.>eplyG 11.Third party complaintsG 1$.Interventions. Section $%. A5davits Must state only facts of personal (noledge of a5ant •

Section $1. Appeal Appealable to >TC •

>ules on arangay Conciliation 2Section )BB+$$ of HC3 Section %. Sub8ect Matter for Amicable SettlementG 6"ception Thereto. + The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes e"cept* 2a3 4here one party is the government, or any subdivision or instrumentality thereofG 2b3 4here one party is a public o5cer or employee, and the dispute relates to the performance of his o5cial functionsG 2c3 <'enses punishable by imprisonment e"ceeding one 213 year or a -ne e"ceeding Five thousand pesos 2#,%%%.%%3G 2d3 <'enses here there is no private o'ended partyG 2e3 4here the dispute involves real properties located in di'erent cities or municipalities unless the parties thereto agree to submit their di'erences to amicable settlement by an appropriate luponG 2f3 /isputes involving parties ho actually reside in barangays of di'erent cities or municipalities, e"cept here such barangay units ad8oin each other and the parties thereto agree to submit their di'erences to amicable settlement by an appropriate luponG 2g3 Such other classes of disputes hich the #resident may determine in the interest of :ustice or upon the recommendation of the Secretary of :ustice.  The court in hich non+criminal cases not falling ithin the authority of the lupon under this Code are -led may, at any time before trial motu propio refer the case to the lupon concerned for amicable settlement. Section %B. =enue. + 2a3 /isputes beteen persons actually residing in the same barangay shall be brought for amicable settlement before the lupon of said barangay. 2b3 Those involving actual residents of di'erent barangays ithin the same city or municipality shall be brought in the barangay here the respondent or any of the respondents actually resides, at the election of the complaint. 2c3 All disputes involving real property or any interest therein shall be brought in the barangay here the real property or the larger portion thereof is situated. 2d3 Those arising at the or(place here the contending parties are employed or at the institution here such parties are enrolled for study, shall be brought in the barangay here such or(place or institution is located.
Section 1%. #rocedure for Amicable Settlement. + 2a3 4ho may initiate proceeding + pon payment of the appropriate -ling fee, any individual ho has a cause of action against another individual involving any matter ithin the authority of the lupon may complain, orally or in riting, to the lupon chairman of the barangay. 2b3 Mediation by lupon chairman + pon receipt of the complaint, the lupon chairman shall ithin the ne"t or(ing day summon the respondent2s3, ith notice to the complainant2s3 for them and their itnesses to appear before him for a mediation of their conJicting interests. If he fails in his mediation e'ort ithin -fteen 213 days from the -rst meeting of the parties before him, he shall forthith set a date for the constitution of the pang(at in accordance ith the provisions of this Chapter. 2c3 Suspension of prescriptive period of o'enses + 4hile the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for o'enses and cause of action under e"isting las shall be interrupted upon -ling the complaint ith the punong barangay. The prescriptive periods shall resume upon receipt by the complainant of the complainant or the certi-cate of repudiation or of the certi-cation to -le action issued by the lupon or pang(at secretary* #rovided, hoever, That such interruption shall not e"ceed si"ty 29%3 days from the -ling of the complaint ith the punong barangay. 2d3 Issuance of summonsG hearingG grounds for disEuali-cation + The pang(at shall convene not later than three 2)3 days from its constitution, on the day and hour set by the lupon chairman, to hear both parties and their itnesses, simplify issues, and e"plore all possibilities for amicable settlement. For this purpose, the pang(at may issue summons for the personal appearance of  parties and itnesses before it. In the event that a party moves to disEualify any member of the pang(at by reason of relationship, bias, interest, or any other similar grounds discovered after the constitution of the pang(at, the matter shall be resolved by the a5rmative vote of the ma8ority of the pang(at hose decision shall be -nal. Should disEuali-cation be decided upon, the resulting vacancy shall be -lled as herein provided for. 2e3 #eriod to arrive at a settlement + The pang(at shall arrive at a settlement or resolution of the dispute ithin -fteen 213 days from the day it convenes in accordance ith this section. This period shall, at the discretion of the pang(at, be e"tendible for another period hich shall not e"ceed -fteen 213 days, e"cept in clearly meritorious cases. Section 11. Form of settlement. + All amicable settlements shall be in riting, in a language or dialect (non to the parties, signed by them, and attested to by the lupon chairman or the pang(at chairman, as the case may be. 4hen the parties to the dispute do not use the same language or dialect, the settlement shall be ritten in the language (non to them. Section 1$. Conciliation. + 2a3 #re+condition to Filing of Complaint in Court. + @o complaint, petition, action, or proceeding involving any matter ithin the authority of the lupon shall be -led or instituted directly in court or any other government o5ce for ad8udication, unless there has been a confrontation beteen the parties before the lupon chairman or the pang(at, and that no conciliation or settlement has been reached as certi-ed by the lupon secretary or pang(at secretary as attested to by the lupon or pang(at chairman or unless the settlement has been repudiated by the parties thereto. 2b3 4here #arties May Ho /irectly to Court. + The parties may go directly to court in the folloing instances* 213 4here the accused is under detentionG

2$3 4here a person has otherise been deprived of personal liberty calling for habeas corpus proceedingsG 2)3 4here actions are coupled ith provisional remedies such as preliminary in8unction, attachment, delivery of personal property and support pendente liteG and 23 4here the action may otherise be barred by the statute of limitations. 2c3 Conciliation among members of indigenous cultural communities. + The customs and traditions of indigenous cultural communities shall be applied in settling disputes beteen members of the cultural communities. Section 1). Arbitration. + 2a3 The parties may, at any stage of the proceedings, agree in riting that they shall abide by the arbitration aard of the lupon chairman or the pang(at. Such agreement to arbitrate may be repudiated ithin -ve 23 days from the date thereof for the same grounds and in accordance ith the procedure hereinafter prescribed. The arbitration aard shall be made after the lapse of  the period for repudiation and ithin ten 21%3 days thereafter. 2b3 The arbitration aard shall be in riting in a language or dialect (non to the parties. 4hen the parties to the dispute do not use the same language or dialect, the aard shall be ritten in the language or dialect (non to them. Section 1. #roceedings epudiation. + Any party to the dispute may, ithin ten 21%3 days from the date of  the settlement, repudiate the same by -ling ith the lupon chairman a statement to that e'ect sorn to before him, here the consent is vitiated by fraud, violence, or intimidation. Such repudiation shall be su5cient basis for the issuance of the certi-cation for -ling a complaint as hereinabove provided. Section 1B. Transmittal of Settlement and Arbitration. + Aard to the Court. + The secretary of  the lupon shall transmit the settlement or the arbitration aard to the appropriate city or municipal court ithin -ve 23 days from the date of the aard or from the lapse of the ten+day

period repudiating the settlement and shall furnish copies thereof to each of the parties to the settlement and the lupon chairman. Section $%. #oer to Administer ules and >egulations. + The city or municipal mayor, as the case may be, shall see to the e5cient and e'ective implementation and administration of the (atarungang pambarangay. The Secretary of :ustice shall promulgate the rules and regulations necessary to implement this Chapter. Section $$. Appropriations. + Such amount as may be necessary for the e'ective implementation of the (atarungang pambarangay shall be provided for in the annual budget of  the city or municipality concerned.

>ule of #rocedure for Small Claims Cases 2A.M. @o. %++?+SC3 Section $. Scope Cases in MTC for payment of money here the value of the claim does not e"ceed #1%%&  e"clusive of interest and cost o Cases are purely civil in nature o May include civil aspect of criminal action o May arise from contracts, Euasi+delicts or Euasi+contracts o May also include enforcement of barangay amicable settlement or arbitration aard involving money claim as long as amount is ithin the scope •

Section . Commencement y -ling ith the court o a veri-ed Statement of Claim accompanied by o a Certi-cation of non+forum shopping and o $ copies of actionable document as ell as o A5davits of itnesses and other evidence 6vidence not attached shall not be alloed in hearing unless for good cause shon •

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Section 9. :oinder of claims #arties may 8oin in a single claim #><=I/6/ the total amount of claim does not e"ceed #1%%&  •

Section . Filing Fees #lainti' shall pay -ling fees @6SS he is an indigent. o Indigent does not mean that he is insolvent. It is enough that ta(ing into consideration his income and e"penses, he has no means to pay the fees. ;oever the #1%%% fee for service shall still be paid •

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Section B. /ismissal Same in summary procedure Section 1%. Summons If there is no ground for dismissal, court shall issue summons  The notice shall include e"press prohibition against -ling of Motion to /ismiss o •

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Section 11. >esponse 2anser3 4ithin non+e"tendible period of 1% days o ;er must include his evidence in the response, otherise it ill not be alloed later on, e"cept for good cause Section 1$. 6'ect of failure to -le response. •

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/efendant fails to -le response A@/ fails to appear at the hearing 0 court shall render 8udgment on the same day based on plainti'!s allegations Fails to -le response T appears on the hearing 0 court shall o Ascertain the defenses that defendant has to o'er A@/ o Mediate or ad8udicate on the same day

Section 1). Counter claim, reEuisites Must arises out of the same transaction or event that is sub8ect of the claim /oes not reEuire for its ad8udication the 8oinder of third parties @ot the sub8ect of another pending action • • •

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/efendant may still -le counterclaim even if not arising from same event provided that o o

4ithin scope of Small Claims Separate -ling fee is paid

Section 1. #rohibited pleadings and motions 2a3 Motion to dismiss the complaint + MT/ is AS<T6L prohibited, even if it is based on lac( of 8urisdiction over the sub8ect matterG 2b3 Motion for a bill of particularsG 2c3 Motion for ne trial, or for reconsideration of a 8udgment, or for reopening of trialG 2d3 #etition for relief from 8udgmentG 2e3 Motion for e"tension of time to -le pleadings, a5davits, or any other paperG 2f3 MemorandaG 2g3 #etition for certiorari, mandamus, or prohibition against any interlocutory order issued by the courtG 2h3 Motion to declare the defendant in defaultG 2i3 /ilatory motions for postponementG 283 >eplyG 2(3 Third+party complaintsG and 2l3 Interventions. Section 1?. Appearance of layers is not alloed 6"cept if plainti' is a layer Section 1. Failure to appear #lainti' 0 case ill be dismissed ithout pre8udice /efendant ho appears ill be entitled to his counter claim o /efendant 0 same e'ect as default oth fails to appear 0 case ill be dismissed 4IT; pre8udice Section 1B. #ostponement •

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May be granted upon shoing of physical inability of the party to appear. 2only one ground3 #arty may avail of only one postponement

Section $1. ;earing  :udge shall e"ert e'ort to bring parties into settlement o  This is the pre+trial stage in small claims +++ :/> If e'orts for settlement fail, ;earing shall proceed 0 must be informal o Must be terminated ithin one day o o #arties may reEuest that the 8udge in trial be di'erent from the :/> 8udge Section $). /ecision Must be rendered on the same day. Immediately entered by cler( of court. /ecision is -nal and inappealable. If decision is in favor of plainti', e"ecution shall issue upon motion. •

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