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Sec. 21.Indigent party.

A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. Such authority shall include an exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. The amount of the docket and other lawful fees which the indigent was exempted from paying shall be a lien on any judgment rendered in the case favorable to the indigent, unless the court otherwise provides. Any adverse party may contest the grant of such authority at any time before judgment is rendered by the trial court. If the court should determine after hearing that the party declared as an indigent is in fact a person with sufficient income or property, the proper docket and other lawful fees shall be assessed and collected by the clerk of court. If payment is not made within the time fixed by the court, execution shall issue for the payment thereof, without prejudice to such other sanctions as the court may impose. Rule on pauper litigant In CRIMINAL cases, a counsel de officio

order, presidential decree, rules or regulations, the court, in its discretion, may require the appearance of the Solicitor General who may be heard in person or through a representative duly designated by him. Reason: SolGen is the legal counsel of RP whose duty is to defend all acts of the government. It is duty to defend the laws enacted.

RULE 4 VENUE OF ACTIONS

Venue- is the place where the action must be instituted and tried -venue is the place or the geographical area where an action to be filed and tried. In civil cases it relates only to the place of the suit and not to the jurisdiction of the court. (riano) In CRIMINAL Cases it is called Territorial jurisdiction, in CIVIL it is called Venue. Jurisdiction Authority of the court to hear the case Jurisdiction over subject matter cannot be waived Governed by substantive law BP 129 Refers to the relation of the parties to the court Limits the authority courts Venue Place where the case is tried Venue is waivable and can be subject of agreement Governed by procedural rule- rule 4 Relation between the parties Limits plaintiffs rights

In CIVIL cases, the plaintiff need pay the docket fees if he applied as an indigent litigant. But if he wins, he has to pay the fees.

Sec. 22. Notice to the Solicitor General. In any action involving the validity of any treaty, law, ordinance, executive Note: In CIVIL cases, if you violate rule 4 do not say that the court has no jurisdiction, you only say that the venue was IMPROPERLY LAID.

Dismissal based on Improper Venue: The trial court cannot motu propio dismiss a case on the ground of improper venue Exception: may motu propio dismiss case on the ground of improper venue in an action covered by the rules on summary procedure

When action is REAL:

1. If action publiciana or reinvindicatoriaproper venue is the one which has jurisdiction over the area where the property is situated. proper court- its either MTC or RTC depending on the assessed value of the property. 2. Forcible entry and unlawful detainerMTC where the property is situated Personal action is Called Transitory Action If several plaintiffs and defendants the residence of each could be a proper venue Provision refers to Principal defendant and principal plaintiff and not just a mere nominal defendant and plaintiff. e.g. a sheriff in an action to annul an execution sale is a nominal party

Section 1. Venue of real actions. Actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. Forcible entry and detainer actions shall be commenced and tried in the municipal trial court of the municipality or city wherein the real property involved, or a portion thereof, is situated. Sec. 2. Venue of personal actions. All other actions may be commenced and tried where the plaintiff or any of the principal plaintiffs resides, or where the defendant or any of the principal defendants resides, or in the case of a non-resident defendant where he may be found, at the election of the plaintiff. Sec. 3. Venue of actions against nonresidents. If any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found.

Examples: Action for annulment of contract of sale of real property- personal action Action to annul a contract of deed of sale over a parcel of land- real action (the purpose is to recover the ownership of the land X committed to sell his land to Y and placed a lis pendens over the property. X backed out, hence Y filed for specific performance to compel to sign the deed of sale. SC: personal action because they are not questioning the ownership. It should filed in the residence of the parties. the complaint is specifc performance with damages. Q: where several or altenative reliefs are sought in anaction and the reiefs prayed for are real and personal, how is venue determined? A: determined by the primary objective of the suit or nature of principal claim.

RESIDENCE OF THE PARTIES Residence here refers to the ACTUAL OR PHYSICAL RESIDENCE, not the domicile Residence of a corporation- the place where its head office is situated. NON-RESIDENT DEFENDANT or in case of a non-resident defendants where he may be found- this means that the defendant is not actually residing in the Philippines but is temporarily around because he is found in the Philippines. E.g. balikbayan on vacation.

If property is located at the boundaries of two places: can file in either place at the option of plaintiff If case involves two properties located in two different places: a. if the properties are the object of the same transaction, file it in any of the two places If they are the subjects of two distinct transactions, separate actions should be filed in each place unless property joined.

Sec. 4. When Rule not applicable. This Rule shall not apply: (a) In those cases where a specific rule or law provides otherwise; or (b) Where the parties have validly agreed in writing before the filing of the action on the exclusive venue thereof. Examples:

GR: if the defendant is a non-resident and he is no longer in the Philippines. You can no longer sue him in the Philippine court because the latter cannot acquire jurisdiction over his person. EXP: 1. The action that affects the personal status of the plaintiff e.g. child file a case against his father for compulsory acknowledgment here in the philippines 2. The action affects the property or any portion thereof of said defendants located here in the Philippines -the action as to res must at least be in rem or quasi in rem

Civil action arising from LIBEL art. 360 of RPC a. Province or city where the article was printed and first published b. Where any of the offended parties actually resides at the time of the commission of the offense c. If one of the offended party is a public officer whose office is in the city of Manila at the time of the commission of the offense, it shall be filed i. RTC of manila

Section 2 vs section 3

Section2- non-resident defendant may be found in the Philippines Section3- cannot be found in the Philippines

ii. RTC of the province where he held office at the time of the commission of the offense. Art. 8, sec 5 of constitution- the SC may order a change of venue or place of trial to avoid a miscarriage of justice.

Sec. 2. Meaning of terms. Venue may be the subject of a valid agreement between the parties, if the agreement states that the case can only or exclusively be filed in the place agreed upon. (kailangan restrictive na i-fifile lang sa particular place, because even if there is a place stipulated where to file a case but no words such as only or exclusively, the place stipulated becomes only optional or just an additional place where to file the suit.) 1. Requisites for a venue to be exclusive: Valid written agreement The term "Municipal Trial Courts" as used in these Rules shall include Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts.

RULE OF PROCEDURE FOR SMALL CLAIMS CASES (I incorporated already the amendments on small claims ) SECTION 1. Title. This Rule shall be known as The Rule of Procedure for Small Claims Cases. SEC. 2. Scope. This Rule shall govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs. SEC. 3. Definition of Terms. For purposes of this Rule: (a) Plaintiff refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against plaintiff;

2. Executed by the parties before the filing of the action 3. 1. Exclusive nature of the action Means of waiving venue: Failure to object via motion to dismiss

2. Affirmative relief sought in court where the case is filed 3. Voluntary submission to the court where the case is filed 4. Laches

RULE 5 UNIFORM COURTS PROCEDURE IN TRIAL

Section 1. Uniform procedure. The procedure in the Municipal Trial Courts shall be the same as in the Regional Trial Courts, except (a) where a particular provision expressly or impliedly applies only to either of said courts, or (b) in civil cases governed by the Rule on Summary Procedure.

(b) Defendant is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim; (c) Person is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law; (d) Individual is a natural person;

(e) Motion means a partys request, written or oral, to the court for an order or other action. It shall include an informal written request to the court, such as a letter; (f) Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and (g) Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true. SEC. 4. Applicability. The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure. These claims or demands may be: (a) For money owed under any of the following: 1. 2. 3. 4. 5. Contract Contract Contract Contract Contract of of of of of Lease; Loan; Services; Sale; or Mortgage;

(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991. SEC. 5. Commencement of Small Claims Action. A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Nonforum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of additional evidence. No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action. SEC. 6. Joinder of Claims. Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00. SEC. 7. Affidavits. The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence. A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible

(b) For damages arising from any of the following: 1. Fault or negligence; 2. Quasi-contract; or 3. Contract;

affidavit(s) or portion(s) thereof shall be expunged from the record. SEC. 8. Payment of Filing Fees. The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent. A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case. If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases. SEC. 9. Dismissal of the Claim. After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action. SEC. 10. Summons and Notice of Hearing. If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response. The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and

time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule. The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant. The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule. Section 11. Response. - The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a nonextendible period of ten (10) days from receipt of summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence. Section 12. Effect of Failure to File Response. - Should the defendant fail to file his Response within the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY THE FACTS. SEC. 13. Counterclaims Within the Coverage of this Rule. If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises

out of the same transaction or event that is the subject matter of the plaintiffs claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suit on the counterclaim. The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid. Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule: (a) MOTION COMPLAINT; TO DISMISS THE

(h) Motion to declare the defendant in default; (i) Dilatory motions for postponement; (j) Reply; (k) Third-party complaints; and (l) Interventions. SEC. 15. Availability of Forms; Assistance by Court Personnel. The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.

Section 16. Appearance .- The parties shall appear at thedesignated date of hearing personally. APPEARANCE THROUGH A REPRESENTATIVE MUST BE FOR A VALID CAUSE. THE REPRESENTATIVE OF AN INDIVIDUAL-PARTY MUST NOT BE A LAWYER, AND MUST BE RELATED TO OR NEXT-OF-SKIN OF THE INDIVIDUAL-PARTY. JURIDICAL ENTITIES SHALL NOT BE REPRESENTED BY A LAWYER IN ANY CAPACITY. THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5-SCC ) to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations or admissions of facts and of documentary exhibits. SEC. 17. Appearance of Attorneys Not Allowed. No attorney shall appear in behalf of or represent a party at the

(b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits, or any other paper; (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;

hearing, unless the attorney is the plaintiff or defendant. If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual who is not an attorney to assist that party upon the latters consent. SEC. 18. Non-appearance of Parties. Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim. Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing. Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim. SEC. 19. Postponement When Allowed. A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement. SEC. 20. Duty of the Court. At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.

BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-SCC ) or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval ( Form 12SCC ). SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.

Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall proceed in an informal and expenditious manner and BE terminated within one (1) day. EITHER PARTY MAY MOVE IN WRITING ( FORM 10-SCC ) TO HAVE ANOTHER JUDGE HEAR AND DECIDE THE CASE. THE REASSIGNMENT WITH EXISTING ISSUANCES. THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE EXECUTIVE JUDGE TO THE DESIGNATED JUDGE WITHIN THA SAME DAY OF THE REFERRAL. THE NEW JUDGE SHALL HEAR AND DECIDE THE CASE WITHIN FIVE (5) WORKING DAYS FROM RECEIPT OF THE ORDER OF REASIGNMENT. SEC. 23. Decision.After the hearing, the court shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC). The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases

Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO

and a copy thereof forthwith served on the parties. The decision unappealable. shall be final and

Applicability Section 1. Scope. This rule shall govern the summary procedure in the Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:

SEC. 24. Execution. If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC). SEC. 25. Applicability of the Rules of Civil Procedure. The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule. SEC. 26. Effectivity.This Rule shall take effect on October 1, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation. REVISED RULE ON SUMMARY PROCEDURE FOR MUNICIPAL TRIAL COURT (Notes and sequence of this law is based on the discussion of lakas atenista) Sec. 22. Applicability of the regular rules. The regular procedure prescribed in the Rules of Court shall apply to the special cases herein provided for in a suppletory capacity insofar as they are not inconsistent herewith. Sec. 23. Effectivity. This revised Rule on Summary Procedure shall be effective on November 15, 1991 Summary procedure is different from summary judgment under rule 35 Rule on summary procedure does not apply in RTC only in MTC Applies only to certain types of cases under MTC

A. Civil Cases: (1) All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not exceed twenty thousand pesos (P20,000.00). (2) All other civil cases, except probate proceedings, where the total amount of the plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest and costs.chan robles virtual law library

If there are two causes of action one is covered by summary rules and the other by the regular rules. Regular or ordinary procedure will govern. Under rule 2 section 5 of the 1997 rues, there is no joinder of causes of action when the 2 causes of action are covered by different rules.

Sec. 2. Determination of applicability. Upon the filing of a civil or criminal action, the court shall issue an order declaring whether or not the case shall be governed by this Rule A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action.chan robles virtual law library II.

Civil Cases Sec. 3. Pleadings. A. Pleadings allowed. pleadings allowed to be complaints, compulsory and cross-claims' pleaded and the answers thereto. The only filed are the counterclaims in the answer,

1. Rule 17 2. Ground for dismissal is lack of jurisdiction (apparent on the face of the complaint 3. Res judicata 4. Litis pendentia 5. Prescription Sec. 5. Answer. Within ten (10) days from service of summons, the defendant shall file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and negative defenses not pleaded therein shall be deemed waived, except for lack of jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. The answer to counterclaims or crossclaims shall be filed and served within ten (10) days from service of the answer in which they are pleaded. Sec. 6. Effect of failure to answer. Should the defendant fail to answer the complaint within the period above provided, the court, motu proprio, or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein: Provided, however, that the court may in its discretion reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. This is without prejudice to the applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more defendants. Ordinary rules 1. If defendant fails to answer complaint, the plaintiff will move to declare the defendant in default and Summary rules 1. If defendant does not file an answer, the correct motion is motion for immediate decision.The court will decide based on the

B. Verifications. All pleadings shall be verified. a. Complaints allowed in Summary Rules: Complaints

b. Answer c. Compulsory counterclaims

d. Cross-claims

All pleadings should be verified

Sec. 4. Duty of court. After the court determines that the case falls under summary procedure, it may, from an examination of the allegations therein and such evidence as may be attached thereto, dismiss the case outright on any of the grounds apparent therefrom for the dismissal of a civil action. If no ground for dismissal is found it shall forthwith issue summons which shall state that the summary procedure under this Rule shall apply. Regular rules G.R.: the court cannot dismiss a case without a motion to dismiss by the defendant because the grounds are waivable. Objections of defenses not raised in motion to dismiss are deemed waived. Exp: Summary rules Can be dismissed even without motion to dismiss

court will render judgment based on the complaint or require the plaintiff to present evidence exparte. 2. The court cannot award damages without trial 3.

complaint but there is no presentation of evidence exparte. 2. The court can award damages even without trial 3. Suppose there are two defendants. One file an answer, the other will not. There cannot be a judgment by default. The answer of one defendant benefits the defaulted defendant. In summary rules, there can be no judgment by the mere failure of one defendant to answer if the other defendant filed his answer. The answer filed benefits those who did not file an answer. 4. If the plaintiff will not move for judgment, the court will motu propio, render judgment without waiting for the motion.

preliminary conference unless inconsistent with the provisions of this Rule. There should be preliminary conference. In ordinary rules, its called pre-trial. The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6 hereof. All cross-claims shall be dismissed. If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Section 6 hereof. This Rule shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference. If the plaintiff fails to appear case will be dismissed. If it is the defendant, there will be immediate judgment. There is no presentation ex-parte.

Sec. 8. Record of preliminary conference. Within five (5) days after the termination of the preliminary conference, the court shall issue an order stating the matters taken up therein, including but not limited to:

(a) Whether the parties have arrived at an amicable settlement, and if so, the terms thereof;

Sec. 7. Preliminary conference; appearance of parties. Not later than thirty (30) days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the

(b) The stipulations or entered into by the parties;.

admissions

(c) Whether, on the basis of the pleadings and the stipulations and admissions made by the parties, judgment may be rendered without the need of further proceedings, in which event the judgment shall be rendered within thirty (30) days from issuance of the order;

(d) A clear specification of material facts which remain controverted; and chan robles virtual law library

However should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit affidavits or other evidence on the said matters within ten (10) days from receipt of said order. Judgment shall be rendered within fifteen (15) days after the receipt of the last clarificatory affidavits, or the expiration of the period for filing the same. The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment. Regular rule= pre-trial + pre trial order + trial Summary procedure+ preliminary conference+ pre trial order + receive preliminary conference order within 10 days (parties should submit their position papers)+ case decided on affidavits

(e) Such other matters intended to expedite the disposition of the case.chan robles virtual law library

If there is no settlement, there will be a record of preliminary conference. The court will issue matters taken up in the preliminary conference.

Sec. 9. Submission of affidavits and position papers. Within ten (10) days from receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in the order, together with their position papers setting forth the law and the facts relied upon by them.Within 10 days, both parties will submit their position papers and all the affidavits of the witnesses and documentary evidence. Trial by position paper

Sec. 18. Referral to Lupon. Cases requiring referral to the Lupon for conciliation under the provisions of Presidential Decree No. 1508 where there is no showing of compliance with such requirement, shall be dismissed without prejudice and may be revived only after such requirement shall have been complied with. This provision shall not apply to criminal cases where the accused was arrested without a warrant.chan robles virtual law library Sec. 19. Prohibited pleadings and motions. The following pleadings, motions or petitions shall not be allowed in the cases covered by this Rule:chan robles virtual law library (a) Motion to dismiss the complaint or to quash the complaint or information except on the ground of lack of jurisdiction over the subject matter, or failure to comply with the preceding section;

Sec. 10. Rendition of judgment. Within thirty (30) days after receipt of the last affidavits and position papers, or the expiration of the period for filing the same, the court shall render judgment.

(b) Motion for a bill of particulars; (c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial; (d) Petition for relief from judgment; (e) Motion for extension of time to file pleadings, affidavits or any other paper;chan robles virtual law library (f) Memoranda; (g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; (h) Motion to declare the defendant in default;chan robles virtual law library (i) Dilatory motions for postponement; (j) Reply; (k) Third party complaints; (l) Interventions. Motion to Dismiss GR: prohibited

Motion for reconsideration of an interlocutory order is allowed because what is prohibited reconsideration of judgment

Sec. 20. Affidavits. The affidavits required to be submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence, and shall show their competence to testify to the matters stated therein. A violation of this requirement may subject the party or the counsel who submits the same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof from the record.chan robles virtual law library Sec. 21. Appeal. The judgment or final order shall be appealable to the appropriate regional trial court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by this Rule, including forcible entry and unlawful detainer, shall be immediately executory, without prejudice to a further appeal that may be taken therefrom. Section 10 of Rule 70 shall be deemed repealed. Decisions of MTC under summary procedure is appealable to RTC and the decision of RTC is immediately executor.

Exp: lack of jurisdiction and failure to comply with the conciliation requirement under the barangay law After the defendant filed his answer, he filed a motion to dismiss. Plaintiff questioned this. SC: plaintiff is wrong. The motion to dismiss which is prohibited is one filed in lieu of an answer. (heirs of ricardo olivas vs flor)

Rule on summary procedure Complaint is commenced by filing a complaint Judgment is appealable

Small claims cases Compliant is commenced by filling up the statement of claim Judgment in MTC is

Motion for bill of particulars Motion for new trial or reconsideration of judgment or reopening of trial Remedy is to appeal directly a

to RTC If the court found that the case is not dismissible, it would issue a summon to the respondent and the latter should file his answer within 10 days from receipt Can be represented by a lawyer Motion to dismiss after the respondent had filed an answer is not a prohibited pleading

final and executor Answer of respondent is embodied in the response sheet given by the court upon the issuance of summon and practice

a.

Complaint

b. Answer c. Counterclaim

d. Cross-claim e. f. Reply Third, fourth, - Party complaint Complaint-in-intervention There are no pleadings in Criminal Cases

Cannot be represented by a lawyer It is a building prohibited

g.

Sec. 3. Complaint. The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. Complaint is also called as initiatory pleading because it is the pleading that initiates the civil actions Allegations in the complaint must contain the four elements of cause of action It must contain ultimate or essential facts Not ultimate facts: a. Evidenciary or immaterial facts

RULE 6 KINDS OF PLEADINGS Section 1. Pleadings defined. Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Counterpart of pleading in CrimPro is Information

b. Legal conclusions Sec. 2. Pleadings allowed. The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth, etc.) party complaint, or complaint-inintervention. The defenses of a party are alleged in the answer to the pleading asserting a claim against him. An answer may be responded to by a reply. c. Details of probative matter or particulars of evidence, statements of law, interferences and arguments

d. Allegation that a contract is valid or void is a mere conclusion of law

Sec. 4. Answer. An answer is a pleading in which a defending party sets forth his defenses.

Complaint Answer Reply Pleadings recognized on Civ Pro:

g. Answer is called a responsive pleading Answer is not found in CrimPro. In criminal cases you answer by pleading guilty or not guilty.

Estoppels

h. Former recovery i. Discharge in bankruptcy Others

j.
Sec. 5. Defenses. Defenses may either be negative or affirmative. (a) A negative defense is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action. (b) An affirmative defense is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him. The affirmative defenses include fraud, statute of limitations, release, payment, illegality, statute of frauds, estoppel, former recovery, discharge in bankruptcy, and any other matter by way of confession and avoidance.

Sec. 6. Counterclaim. A counterclaim is any claim which a defending party may have against an opposing party.

Example: X filed a case against Y for the damages to his car. X alleged that Y is driving recklessly. Ys counterclaim: he is the one driving carefully and X was the one reckless

Counterclaim need not be of the same nature as that of the complaint. E.g. complaint: recovery of unpaid loan, counterclaim: rescission of partnership. Reason: to avoid multiplicity of suits. This is allowed as long as the plaintiff should be sued in a counterclaim in the same capacity that he is suing the defendant.

Kinds of defenses Negative defense Affirmative defense- called a defense of confession and avoidance because while the defendant may admit the material allegation in the complaint, however he will plead a new matter which will prevent a recovery by the plaintiff. Example of affirmative defenses: a. Fraud

Limitations to this principle: a. The court should have jurisdiction over the subject matter of the counterclaim

b. That it could acquire jurisdiction over third parties whose presence is essential for its adjudication

b. Statute of limitations c. Release

d. Payment e. f. Illegality Statute of frauds