SMALL CLAIMS SUMAMRY PROCEDURE CIVIL PROCEDURE

Forcible entry & unlawful detainer

If with attorney’s fees, shall not exceed 20,000

Coverage Claims not exceeding 4M. Violations of Traffic Laws, rules and regulations; Money claims w/ damages
Violations of the rental law;
Violations of municipal or city ordinanced;
Other criminal cases with penalty not exceeding 6 mos or fine not
exceeding 1000
Plaintiff
UNLESS: allowed to litigate as an indigent.
Filing Fees
Additional P500 forevery claim filed after the
5th claim, and P100 for every succeeding
claim.
Issuance of Summons: On the day of
receipt of the SoC
Within 5 days from receipt of the initiatory pleading and proof of Within 5 days from receipt of the initiatory pleading and proof of payment of the
Summons
Attachments: SoC and documents submitted payment of the requisite legal fees. requisite legal fees.
by the plaintiff; blank response form; notice
of hearing.
Inform the court the court within 30 days
Notice of hearing from the notice that said summons was
served or not. (DISMISSAL WITHOUT

Within 30 calendar days from issuance of summons, service must be completed.

Return of summons without
being served Failure to file + Failure to appear = Court Within 5 days fromservice, file and serve a copy of the return to the plaintiff's counsel,
shall render judgement on the same day personally, by registered mail, or by electronic means.

ANSWER: Within 30 days from the filing of the complaint

Response Within 10 days from service of summons ANSWER: Within 10 days from service of summons ANSWER TO CROSSCLAIM OR CROSS CLAIM- Within 20 days from service
ANSWER to counterclaims or cross-claims - within 10 days from REPLY: Within 15 calendar days from service of the pleading responded to
service of the answer. ANSWER TO SUPPLEMENTAL COMPLAINT: 20 calendar days from notice of the order

Extension: Not more than 30 days


Failure to file response
Preliminary conference
Record of preliminary conference
Submission of affidavits and
position papers
a.Motion to dismiss
b.Motion for a bill of particulars
c.Motion for new trial, or for
reconsideration, or for reopening of trial
Prohibited pleadings
Non-appearance of parties
Postponement
Decision
Failure = Court shall ascertain what
defense he has to offer which shall
constitute his response, and proceed to
hear on the same day as if a response has
been filed.
d.Petition for relief from judgement
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
h.Motion to declare defendant in default
i.Dilatory motions for postponement
j.Reply and rejoinder
k.Third party complaints
l.interventions
Plaintiff- dismissal without prejudice
Defendant- Court shal ascertain what
defense he has to offer which shall
constitute his response, and proceed to hear
on the same day as if a response has been
filed.
Both parties- Dismissal with prejudice of
both SoC and counterclaim.
Physical inability to appear in court. May be
availed of once only.
Within 30 days after receipt of the last affidavits and position
papers, or the expiration of the period for filing the same
Within 24 hours from termination of the hear
Failure to file - render judgement as may be warranted therein
Not later than 30 days after the last answer is filed
Non-appearance of plaintiff- cause for dismissal
Non-appearance of the defendant - plaintiff shall be entitled to
judgement
Within 5 days after termination of preliminary conference
Within 10 days from receipt of the order
a.Motion to dismiss a. motion to dismiss
b.Motion for a bill of particulars b. motion to hear affirmative defenses
c.Motion for new trial, or for reconsideration, or for reopening of
trial c. motion for reconsideration of the court's action on the affirmative defenses
d. motion to suspend proceedings without a temporary restraining order or injunction
d.Petition for relief from judgement
issued by a higher court
e.Motion for extension of time to file pleadings, affidavits, or any e. motion for extension of time to file pleadings, affidavits or any other papers, except a
other paper motion for extension to file an answer
f.Memoranda f. motion for postponement intended for delay
g.Petition for certiorari, mandamus, or prohibition against any
interlocutory order
h.Motion to declare defendant in default
i.Dilatory motions for postponement
j.Reply and rejoinder
k.Third party complaints
l.interventions
Plaintiff- dismissal without prejudice
Plaintiff - dismissal of the action (without justificable ground)
Defendant - allow the plaintiff to present evidence ex-parte within 10 calendar days after
the termination of the pre-trial
Prohibited.
XPN: Acts of God, force majeure or duly substantiated physical inability.
Within 90 days from order of judgement