Summary Procedure in Civil Cases

Filing of verified complaint

with the MTC

Court may summon

the defendant

Within 10 days from receipt of

summons defendant answers
incorporating
compulsory
counterclaims or crossclaim
and serves a copy on plaintiff

Answer to counterclaim or
crossclaim within 10 days

Preliminary
conference
within 30 days after last
answer is filed

Within 5 days after

conference, court issues
record of preliminary
conference

Court may dismiss

the case outright

If defendant fails to answer

in 10 days- the court motu
propior on plaintiffs own
motion,
may
render
judgment based on facts
alleged in the complaint
without prejudice to Rule 9
Section 3(c)

If the plaintiff fails to appear in

preliminary conference, complaint
may be dismissed. Defendant entitle to
decision based on his counterclaim. All
crossclaim dismissed

If sole defendant fails to appear,

plaintiff entitled to judgment based on
complaint and what is proved therein

Within 10 days from

receipt
of
order
submission by the parties
of affidavits and position
papers

Rendition of judgment
within 30 days from
receipt of last affidavit or
within 15 days after last
clarification paper