CIVIL PROCEDURE

1. What are the cases covered by the Katarungang Pambarangay law (P.D. 1508;
R.A. 7610 as amended)?

All disputes, civil and criminal in nature where parties actually reside in the same city or
municipality are subjected to proceedings of amicable settlement.

2. What are the cases that are not required to undergo prior Barangay
Conciliation and Mediation?

1. Where one party is the government, or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;

3. Where the 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;

4. Any complaint by or against corporations, partnership or juridical entities, since only

individuals shall be parties to Barangay conciliation proceedings either as complainants
or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);

5. Disputes involving parties who actually reside in barangays of different cities or

municipalities, 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 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 d, specifically the following:

a. Criminal cases where accused is under police custody or detention (see Sec.
412 (b) (1), Revised Katarungang Pambarangay Law);

b. Petitions for habeas corpus by a person illegally deprived of his rightful custody
over another or a person illegally deprived or on acting in his behalf;

c. Actions coupled with provisional remedies such as preliminary injunction,

attachment, delivery of personal property and support during the pendency of
the action; and

d. Actions which may be barred by the Statute of Limitations.

3. When may the parties go directly to Court?

 4. When may the parties execute a compromise agreement?

5. Can a compromise agreement be repudiated?

Yes. Any party to the dispute may, within ten (10) days from the date of the settlement,
repudiate the same by filing the lupon chairman a statement to that effect sworn to
before him, where the consent is vitiated by fraud, violenece, or intimidation. Such
repudiation shall be sufficient basis for the issurance of the certification for filling a
complaint. (Section 418).

6. Explain the rules on venue under the Katarungang Pambarangay law.

They are:
a. Disputes between persons actually residing in the same barangay shall be brought for
amicable settlement before the lupon of said barangay.

b. Those involving actual residents of different barangays within the same city or
municipality shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant.

c. All disputes involving real property or any interest therein shall be brought in the
barangay where the real property or the larger portion thereof is situated.

d. Those arising at the workplace where the contending parties are employed or at the
institution where such parties are enrolled or workplace or institution is located. (Sec.
409, R.A. 7160).

7. What are the cases covered by the Rules on Summary Procedure (RSP)?

The Rules on Summary Procedure apply in:

a. Civil Cases —

a. l All cases of forcible entry and detainer regardless of the amount of rentals and
damages. Attorney’s fees shall not exceed twenty thousand pesos (P20,000.00) if
awarded.

a. 2 All other civil cases, except probate proceedings, where the total amount of the
plaintiffs claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest
and costs, (now P100,000.00 or P200,000.00 as amended by A.M. No. 02-11-09- SC
which took effect on November 25, 2002).

b. Criminal Cases —

b. l Violations of traffic laws, rules and regulations;

b. 2 Violations of rental laws;
b. 3 Violations of municipality or city ordinances;
b.4 All criminal cases where the penalty prescribed by law for the offense is
imprisonment not exceeding 6 months or a fine not exceeding one thousand pesos
(PI,000.00) or both, irrespective of other imposable penalties, accessory or otherwise, or
of the civil liability arising therefrom: Provided, however, That in offenses involving
 damage to property through criminal negligence, this rule shall govern where the
imposable fine does not exceed ten thousand pesos (P10,000.00). (Sec. 1)

8. What are the pleadings allowed under RSP?

Complaint, compulsory counterclaim and cross claim pleaded in the answer and the
answers thereto are the only pleadings allowed. (Sec. 3)

9. What are the prohibited pleadings under RSP?

10. What is the effect of the failure to file an Answer in Summary Procedure?

If there is no answer, the court may render judgment motu proprio or on motion of the
plaintiff, as may be warranted by the allegations in the complaint, but limited to what is
prayed for.

11. What is the effect of the absence of the parties during the Pre-trial?

See photo attached

12. Study Rules 1-10 of the Rules of Court.