Notes on Civil Procedure

December 12, 2020

Judge Ritchie Reyes

1) Review on Small Claims Cases:

-Jurisdiction of the first-level courts

- threshold amount of not exceeding 300k outside MM and not exceeding 400k in MM

Small claims cases is just like the barangay proceeding where LAWYERS ARE NOT
ALLOWED to appear, except when the lawyer is the claimant/ litigant/plaintiff

Sec. 5 of the RR for Small Claims Cases also may arise fromcontracrs or violation of a contract.

Remedies when a person has violated a contract (personal)

REMEDY JURISDICTION
File against the defendant for RTC ( RA 7691)- the subject of
breach of contract litigation is incapable of pecuniary
estimation)
File for small claim case for so MTC
long the claim does not exceed the
threshold amount

Sec.24: The court shall render its decision within 24 hours from the termination of the
hearing .
Decision is FINAL, EXECUTORY and UNAPPEALABLE

2. 1991 REVISED RULES ON SUMMARY PROCEDURE

Scope:
A. CIVIL CASE
Ejectment cases- a. Forcible Entry
b. Unlawful detainer
( 2. All other cases, except probate… amended already by the RR of Procedure for Small Claims)

B. Criminal Cases

Q: Why was Revised Rules on Summary Procedure a summary???

A:

 To avoid congested criminal cases specially on crim cases that are with penalty not exceeding six
months or of fine not exceeding 1k

 The court immediately direct clerk of court to issue summons, defendant has 30 days to give a
verified answer, the plaintiff presents evidence, then the defendant present affirmative defense, then if
there is no rebuttal evidence, the court renders judgment.
If the court renders judgment, the losing party , may file notice of appeal to the general court of jurisdiction,
RTC.

Note: Filing motion of for reconsideration ( give the court a quo a chance to correct or rectify itself) is
PROHIBITED.

Q: What is the effect if the losing party files for an MR rather than notice of appeal?

A: MR is a prohibited pleading , and it do not toll the running of the reglementary period within
which to perfect an appeal/ The court shall not be faulted if the losing party will not be able to file for
appeal (time constraint)

(Sec 18, RRSP)

Q: What is the meaning of the case will be dismissed without prejudice?
A: A case is dismissed by the court for now but may be filed again upon complying the requirements.

In RRSP, there is NO TRIAL; the position papers or the affidavits ( which are based on facts of
the personal knowledge of affiant) and the allegation of the complaint will be the basis of the
court in the judgment.

WHAT IS THE BASIS OF THE SUPREME COURT IN PROMULGATING RULES?

Sec. 5(5), Article 8
The Supreme Court shall have the following powers to promulgate rules concerning the
protection and enforcement of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not
diminish, increase, or modify substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
* Article 2 of the CC

3.) Judicial Affidavit Rule

JudAf in lieu of direct testimony

JUDICIAL AFFIDAVIT
CIVIL CASES CRIMINAL CASES
Applicable in all civil cases  Applicable in almost all
criminal cases
a. Maximum imposable
penalty does not exceed six
years
b. (if the penalty exceeds six
years) the accused agrees to
the use of judicial affidavits
c. With respect to the civil
aspect of the actions

The submission of JUDAF is simultaneous,  The prosecution will FIRST

5 days before the pre-trial submit their affidavit, and the
defendant has the option to
 submit JUDAF if he wants to
be heard

Remember:
1. Sec 14, Sec 19, Sec. 24 of the Revised Rules of Procedure for Small Claims
2. Sec 1, sec 6, sec 18, sec 19, sec 20 of the RRSP
3. Sec 1, sec 2, Sec 3, Sec 9, Sec 10of JUDAF RULE

4. Ra 7691, why this was legislated?

a. It already affects jurisdiction, that is why the Congress has to enact a legislation
b. RA 7691 amended certain provisions of BP 129

RTC – court of general jurisdiction

Examples of civil cases incapable of pecuniary estimation
- Specific performance (compel delivery)\
- Annulment of contracts
Before, although “recovery of lot” is a litigation incapable of pecuniary estimation, this was changed in later
cases that a real action ( actions which involve title to, or possession of real property, or any interest therein) , the
ASSESSED VALUE is considered to determine which court has jurisdiction over the case.

MTC RTC
 The assessed value of the property  The assessed value of the property
does not exceed 20k outside MM, and exceed 20k outside MM and exceeds
d.n.e 50k in MM 50k in MM

Note: If the assessed value of the property cannot be determined, the assessed value ADJACENT the subject
property will be considered. ( ayaw pakig-inaway ha neighbors 😊)

NOTE:

Study RULES 1-10