SUMMARY PROCEDURE
and 700 after 15th)
Civil Cases Covered:
1. Forcible Entry
2. Unlawful Detainer
3. Cases where claim DOES NOT EXCEED
100k or 200k in Metro Manila
Pleadings allowed:
1. Complaint
2. COMPLUSORY Counter-Claims
3. Cross Claims
4. Answer and Answers thereto
Failure to Appear in Preliminary Conference:
 Plaintiff – Dismissal
 Defendant – Entitlement of Plaintiff to
Judgment basing on the facts and prayer
of the complaint
SMALL CLAIMS
Scope:
 MTC, MeTC, and MCTC
 Where value of claim does not exceed
20k exclusive of interest.
Commencement of Small Claims Case:
 By filling up Small Claims Form
 Plaintiff must state if he is engaged in
business of lending or banking (as this
will be important in determination of
venue)
Venue:
 Regular rules of venue apply (so since
collection of money, it shall be where
plaintiff or defendant resides. @ MTC,
MeTC, or MCTC)
 If plaintiff is engaged in lending or
banking business, and there’s a branch
where the defendant resides, venue will
be where the branch is located.
Payment of Filing Fees:
 GR: pay; *indigent
 If more than 5: + 500.00
o Additional of one hundred (to
the 500 and so on) after the 10th
and 15th (hence, 600 after 10th
Counter-Claims in this Rule:
 Compulsory counter-claim must be filed
by the defendant in the Response, else
he will be barred from suing on the
counterclaim. (cost of counter-claim,
however, must be within the coverage of
Small Claims)
 Permissive counter-claim may also be
filed provided that the amount is within
the coverage of Small Claims.
Non-appearance of parties:
 Plaintiff – if defendant filed a
permissive counter-claim,
defendant will be entitled to
judgment thereto
 Defendant – (same as failing to file
answer) Court will rule on the claim
of plaintiff.
o This rule shall not apply if
one of two defendants sued
under a common cause and
who pleaded a common
defense, appears at the
hearing.
WRIT OF AMPARO
Right to life, liberty, and security is violated or
threated.
Who may file:
1. By the aggrieved party
2. Immediate family member
3. Ascendant/Decendant/Collateral
Relative (4th degree)
4. Any concerned citizen or organization
 The filing of the aggrieved party
suspends right of authorized parties to
file; also, filing by one authorized party
suspends all other parties to file.
Where to file:
 RTC where act was committed or its
elements occurred
 Sandiganbyan
 CA
  SC
Writ is enforceable anywhere in the
Philippines.
Payment of Docket Fees:
Petitioner shall be exempted from paying docket
fees.
Return:
 Respondent shall file return with
affidavits with 5 days after service.
o Defense snot pleaded are
waived
o Failure to file return: petition
may be heard ex parte
Summary Hearing shall apply
Interim Reliefs:
a. Temporary Protection Order
o Petitioner or his family member
may be protected in a gov’t
agency or by an accredited
person or private institution.
b. Inspection Order
o Inspect property. Here, movant
must show that the inspection is
necessary to establish his right
violated or threatened.
o If opposed on the ground of
national security or of the
privileged nature, judge may
conduct hearing in chambers.
c. Production Order
o Duces Tecum
o If opposed on the ground of
national security or of the
privileged nature, judge may
conduct hearing in chambers.
d. Witness Protection Order
Burden of Proof Required:
 Substantial Evidence
Standard of Diligence required to be proven:
 Private individual or entity – ordinary
diligence
 Public employee or entity
extraordinary diligence.
Archiving and Revival of Cases:
 The petition shall not be dismissed.
Instead, it shall be achieved.
 It shall be dismissed for failure to
prosecute after 2 years has lapsed
(reckoned from the time the notice was
of archiving the case was sent to
petitioner).
WRIT OF HABEAS DATA
Right to privacy in life, liberty and security is
violated or threatened.
Who may file:
1. Immediate family member
2. Ascendant/Descendant/Collateral
relative within 4th degree.
Where to file:
1. RTC
 where petitioner or respondent
resides or
 place where data or information
is gathered; AT THE OPTION OF
PETITIONER
2. SC or CA
 When action concerns public
data files of government offices
Payment of Docket Fees:
Petitioner shall be exempted from paying docket
fees.
Return:
 Respondent shall file return with
affidavits with 5 days after service.
o Defense snot pleaded are
waived
o Failure to file return: petition
may be heard ex parte
KATARUNGANG PAMBARANGAY LAW
All disputes are subject to Barangay conciliation
pursuant to the Revised Katarungang
Pambarangay Law and prior recourse thereto is
a pre-condition before filing a complaint in court
or any government offices, except in the
following disputes:
–
1. One party is the government, or any support during the pendency of
subdivision or instrumentality thereof; the action; and

2. One party is a public officer or employee d. Actions which may be barred by

and the dispute relates to the
performance of his official functions;
3. Dispute involves real properties located
in different cities and municipalities,
*unless the parties thereto
agree to submit their difference
to amicable settlement by an
appropriate Lupon;
the Statute of Limitations.
9. Any class of disputes which the
President may determine in the interest
of justice or upon the recommendation
of the Secretary of Justice;
10. Where the dispute arises from
the Comprehensive Agrarian Reform
Law (CARL);

4. Any complaint by or against 11. Labor disputes or controversies

corporations, partnerships or juridical arising from employer-employee
entities; relations

5. Disputes involving parties who actually 12. Actions to annul judgment upon
reside in barangays of different cities or a compromise which may be filed
municipalities directly in court

*except where such barangay

units adjoin each other and the
parties thereto agree to submit
their differences to amicable
settlement by an appropriate
Lupon;

6. Offenses for which the law prescribes a

maximum penalty of imprisonment
exceeding one [1] year or a fine of over
five thousand pesos (P5,000.00);

7. Offenses where there is no private

offended party;

8. Disputes where urgent legal action is

necessary to prevent injustice from
being committed or further continued,
specifically the following:

a. Criminal cases where accused is

under police custody or
detention;

b. Petitions for habeas corpus by a

person illegally deprived of his
rightful custody over another or
a person illegally deprived of or
on acting in his behalf;

c. Actions coupled with provisional

remedies such as preliminary
injunction, attachment, delivery
of personal property and