RULE ORDINARY CIVIL ACTION (2019 amendments to SUMMARY PROCEDURE (2022 Rules on SMALL CLAIMS (2022 Rules on Expedited

Rules of Civil Procedure)
N.B. As per Rule II, Sec. 1 of AM No. 08-8-7-SC (the 2022 Rules on Expedited Procedures in the First-Level Courts), the regular procedures prescribed in the Rules of Court shall still apply to Summary
Procedure and Small Claims where no specific provision is found in the 2022 rules. If there is inconsistency, the new rule will prevail.
Subject matter jurisdiction (first-level courts
exclusive original jurisdiction)
Expedited Procedures in the First Level Courts, Procedures…)
AM No. 08-8-7-SC)
1. Probate proceedings, testate and intestate, 1. Forcible entry and unlawful detainer cases,
where the value of the personal property, estate, regardless of amount of damages or unpaid
or amount of the demand does not exceed P2M, rentals sought to be recovered, but where
provided that interest, damages, attorney’s fees, attorney’s fees are awarded, the same shall not
litigation expenses and costs shall be included in exceed ₱100k
the determination of the filing fees
2. All civil actions, except probate proceedings,
2. Civil actions except admiralty and maritime actions, and small claims the recovery of the personal
where the total amount of the plaintiff ’s claim
forcible entry and unlawful detainer which does not exceed ₱2M exclusive of interest,
involve title to, or possession of, real property or damages of whatever kind, attorney’s fees,
any interest therein where the assessed value of litigation expenses and costs
the property or interest does not exceed
P400,000, exclusive of interest, damages of 3. Complaints for damages where the claim does awards, where the money claim does not exceed
whatever kind, attorney’s fees, litigation not exceed ₱2M, exclusive of interest and costs
expenses and costs
4. Cases for enforcement of barangay amicable
3. Maritime claims where the demand or claim settlement agreements and arbitration awards
does not exceed P2 million (B.P. 129, RA 11576) where the money claim exceeds ₱1M, provided
that no execution has been enforced by the
barangay within 6 months from the date of the
settlement or date of receipt of the award or
from the date the obligation stipulated or
adjudged in the arbitration award becomes due
and demandable
1.Actions purely for payment or reimbursement
of a sum of money where the value of the claim
does not exceed P1M.
a.The claim or demand may be for money owed
under a contract of Lease, Loan and other credit
accommodations; Contract of Services; or
Contract of Sale of personal property, excluding
property, unless it is made the subject of a
compromise agreement between the parties.
b.The enforcement of barangay amicable
settlement agreements and arbitration
₱1M, provided that no execution has been
enforced by the barangay within 6 months from
the date of the settlement or date of receipt of
the award or from the date the obligation
stipulated or adjudged in the arbitration award
becomes due and demandable, (Rule IV, Section
1 & Rule I-A(2) of REP, RA 11576)

5. Cases solely for the revival of judgment of any

first-level court, pursuant to Rule 39, Section 6 of
the Rules of Court

6. The civil aspect of a violation of Batas

Pambansa Blg. 22 (the Bouncing Checks Law), if
no criminal action has been instituted therefor
(Rule I-A(1) of REP, RA 11576)
Pleadings: Initiatory and responsive pleadings The claims of a party are asserted in a complaint,
counterclaim, crossclaim, third (fourth, etc.)-
party complaint, or complaint-in-intervention;
defenses in an answer; responses to an answer
with an actionable document in a reply, and
responses to a reply with an actionable
document in a rejoinder (Rule 6, RoC) 
Parts & Contents Follows Rule 7 of the Rules of Court, including
pleadings need not be under oath or verified
except when otherwise specifically required by
law or rule
Filing and Service, periods Answer should be filed within 30 calendar days
after service of summons, replies within 15
calendar days from service of the pleading
responded to (Rule 11, RoC)
Summons 1.Within 5 calendar days from receipt of the
Periods initiatory pleading and proof of payment of the
requisite legal fees, the court shall direct
the clerk of court to issue the corresponding
summons to the defendants.
2. Within 30 calendar days from issuance of
summons by the clerk of court and receipt
thereof, the sheriff or process server, or person
authorized by the court, shall complete its
service. (Rule 14, RoC)
Interlocutory matters: Grounds for motu proprio 1.a. That the court has no jurisdiction over the subject matter
dismissal b. that there is another action pending between the same parties for the same cause
The only pleadings allowed to be filed are the
complaint, compulsory counterclaim, crossclaim
pleaded in the answer, and reply. Rejoinders,
third-party complaints and complaints in
intervention are prohibited (Rule II, Sec. 2; Rule
III-A, Section 1, REP)
Follows Rule 7 of the RoC, except ALL pleadings
shall be verified (Rule III-A, REP)
Answer should be filed within 30 calendar days
from service of summons, replies within 10
calendar days from receipt of the answer (Rule
III-A, REP)
1. Within 5 calendar days from receipt of a new
civil case, if the court determines that the case
falls under the Summary Procedure Rule, the
court shall direct the Branch Clerk to issue
summons to the defendant, stating clearly that
the case shall be governed by the Rule on
Summary Procedure. (Rule III, REP)
A small claims action is commenced by filing with
the court an accomplished Statement of Claim/s
(accomplished form). No other formal pleading
necessary to initiate a small claims action.
Response to a small claims action is also by way
of an accomplished form.
Rejoinders, third-party complaints and
complaints in intervention are prohibited. (Rule
IV, Sec. 4 and 13; Rule II, Sec. 2;
1.Follows Rule 7 of the RoC, except ALL pleadings
shall be verified
2.The plaintiff must state in the Statement of
Claim/s if he/she/it is engaged in the business of
lending, banking and similar activities, and the
number of small claims cases filed within the
calendar year regardless of judicial station. (Rule
IV, Sec. 4, REP)
The defendant shall file with the court and serve
on the plaintiff a duly accomplished and verified
Response (using the appropriate form) within a
non-extendible period of 10 calendar days from
receipt of Summons (Rule IV, Sec. 1)
1. The court shall issue Summons within 24 hours
from receipt of the Statement of Claim/s,
directing the defendant to submit a verified
Response.
2. The Summons, together with the Notice of
Hearing, shall be served by the sheriff, his or her
deputy, or other proper court officer within ten
10 calendar days from issuance. (Rule IV, REP)
 c. That the action is barred by a prior judgment
d. or by statute of limitations (Rule 9, Sec. 1)

(e) The court has no jurisdiction over the person of the defendant;
(f) Venue is improperly laid;
(g) Plaintiff has no legal capacity to sue;
(h) The complaint or Statement of Claim/s states no cause of action;
(i) That a condition precedent for filing the claim has not been complied with; and
(j) Plaintiff failed to submit the required affidavits (Rule III-A, Rule IV, REP)

2. Failure to prosecute i.e. If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his or her evidence in chief on the
complaint, or to prosecute his or her action for an unreasonable length of time, or to comply with the Rules of Court or any order of the court, the
complaint may be dismissed upon the court’s own motion, without prejudice to the right of the defendant to prosecute his or her counterclaim in the
same or in a separate action. This dismissal shall have the effect of an adjudication upon the merits, unless otherwise declared by the court. (Rule 17,
Section 3, RoC)

3. If plaintiff misrepresents that they are not

engaged in the business of lending, banking, or
similar activities when in fact they are, the
Statement of Claim/s shall be dismissed with
prejudice and the plaintiff shall be meted the
appropriate sanctions, including citation for
direct contempt. (Rule IV, REP)

Effect of failure to respond
1.If the defending party fails to answer within the
time allowed therefor, the court shall, upon
motion of the claiming party with notice to the
defending party, and proof of such failure,
declare the defending party in default.
Thereupon, the court shall proceed to render
judgment granting the claimant such relief as
his or her pleading may warrant, unless the court
in its discretion requires the claimant to submit
evidence. Such reception of evidence may be
delegated to the clerk of court.  A party in default
shall be entitled to notice[s] of subsequent
proceedings but shall not to take part in the trial.
They may also, at any time after notice thereof
and before judgment, file a motion under oath to
1.Should the defendant fail to answer the
complaint within the period provided, the court,
on its own initiative, or upon manifestation by
the plaintiff that the period for filing an answer
has already lapsed, shall render judgment as may
be warranted by the facts alleged in the
complaint and its attachments, limited to what is
prayed for therein. (Rule III-A, Sec. 9, REP)
2.Motion for default a prohibited motion in
Summary Procedure (Rule II, Sec. 2, REP)
1.Should the defendant fail to fi le his/her/its
Response within the required period, and
likewise fail to appear on the date set for
hearing, the court shall render judgment within
24 hours from the termination of the hearing, as
may be warranted by the facts alleged in the
Statement of Claim/s and its attachments.
Should the defendant fail to fi le his/her/its
Response within the required period but appear
on the date set for the hearing, the court shall
ascertain what defense he/she/it has to offer,
which shall constitute his/ her/its Response,
proceed to hear the case on the same day as if a
Response has been fi led and, thereafter,

Prohibited pleadings and motions
First court appearance Proceeding
set aside the order of default upon proper
showing that his or her failure to answer was due
to fraud, accident, mistake or excusable
negligence and that he or she has a meritorious
defense. In such case, the order of default may
be set aside on such terms and conditions as the
judge may impose in the interest of justice. (Rule
9, RoC)
(a) Motion to dismiss except on the following
grounds:
1) That the court has no jurisdiction over the
subject matter of the claim;
2) That there is another action pending between
the same parties for the same cause; and
3) That the cause of action is barred by a prior
judgment or by the statute of limitations.
(b) Motion to hear affirmative defenses;
(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 issued
by a higher court;
(e) Motion for extension of time to file pleadings,
affidavits or any other papers, except a motion
for extension to file an answer
(f) Motion for postponement intended for delay,
except if it is based on acts of God, force majeure
or physical inability of the witness to appear and
testify. (Rule 15, Sec. 12, RoC)
Pre-trial
render judgment within 24 hours from the
termination of the hearing. If the defendant
relies on documentary evidence to support
his/her/its defense, the court shall
order him/her/it to submit original copies of such
documents within 3 calendar days from the
termination of the hearing and, upon
receipt thereof or expiration of the period to fi le,
the court shall render judgment within twenty-
four (24) hours. (Rule IV, Sec. 14, REP)
2.Motion for default a prohibited motion in Small
Claims (Rule II, Sec. 2, REP)
(a) A motion to dismiss the complaint or the statement of claim…except on the ground of lack of
jurisdiction over the subject matter or failure to comply with the requirement of barangay
conciliation
(b) Motion to hear and/or resolve affirmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening
of proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to fi le pleadings, affidavits or any other paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the
court;
(i) Motion to declare the defendant in default;
(j) Dilatory motions for postponement. Any motion for postponement shall be presumed dilatory
unless grounded on acts of God, force majeure, or physical inability of a counsel or witness to
personally appear in court, as supported by the requisite affidavit and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in Intervention;
(n) Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground
of force majeure or acts of God (Rule II, Sec. 2, REP)
Preliminary Conference Hearing
and periods
After the last responsive pleading has been
served and filed, the branch clerk of court shall
issue, within 5 calendar days from filing, a notice
of pre-trial which shall be set not later than 60
calendar days from the filing of the last
responsive pleading. (Rule 18, RoC)
Within 5 calendar days after the last responsive
pleading is filed, the Branch Clerk of Court shall
issue a Notice of Preliminary Conference, which
shall be held within 30 calendar days from the
date of fi ling of such last responsive pleading.
(Rule III-A, Sec. 10)
The court, along with the Summons, shall issue a
Notice of Hearing which shall be set not be more
than 30 calendar days from the filing of the
Statement of Claim/s, or not more than 60
calendar days if one of the defendants resides or
holds business outside the judicial region (Rule
IV, REP)

Who may appear A representative, which may be the party’s legal counsel, may appear on behalf of a party, but must Personal appearance of claimant required,
be fully authorized in writing (by special power of attorney or board resolution, as the case may be) Appearance through a representative must be
to enter into an amicable settlement to submit to alternative modes of dispute resolution, and to for a valid cause. The representative of an
enter into stipulations or admissions of facts and documents. (Rule 18. Section 4, RoC; Rule III-A, Sec. individual-party or juridical entities must NOT be
12) a lawyer.

The representative must be authorized under a

Special Power of Attorney board resolution or
secretary’s certificate, as the case may be, to
enter into an amicable settlement of
the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits.
(Rule IV, Sec. 17)

Effect of failure to appear
The failure of the plaintiff and counsel to appear
without valid cause when so required and duly
notified shall cause the dismissal of the action.
The dismissal shall be with prejudice, unless
otherwise ordered by the court. A similar failure
on the part of the defendant and counsel shall be
cause to allow the plaintiff to present his or her
evidence ex-parte within 10 calendar days from
termination of the pre-trial. and the court to
render judgment on the basis of the evidence
offered. (Rule 18, RoC)
The failure despite notice of the plaintiff and/or
his or her counsel to appear at the Preliminary
Conference shall be a cause for the dismissal of
the complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to
judgment on the counterclaim. All cross-claims
shall be dismissed. If a sole defendant and/or his
or her counsel fail to appear at the Preliminary
Conference, the plaintiff shall be entitled to
judgment…(Rule III-A, Sec. 12)
Failure of the plaintiff to appear shall be cause
for the dismissal of the Statement of Claim/s
without prejudice. The defendant who appears in
the absence of the plaintiff shall be entitled to
judgment on the counterclaim.
Failure of the defendant to appear shall have the
same effect as failure to file a Response. (Rule IV,
Sec. 19)

Order, further mediation, and judgment 1.Upon termination of the pre-trial, the court 1.Immediately after the preliminary conference 1.After the hearing, the court shall render its
shall issue an order within 10 calendar days and the issues having been joined, the court shall decision based on the facts established by the
which shall recite in detail the matters taken up, issue a Preliminary Conference Order referring evidence, within twenty-four (24) hours from
and also referring the parties to the mandatory
Court-Annexed Mediation, and subject to the
court’s discretion, Judicial Dispute Resolution.
2.Should there be no more controverted facts, or
no more genuine issue as to any material fact or
an absence of any issue, or should the answer fail
to tender an issue, the court shall without
prejudice to a party moving for judgment on the
pleadings under Rule 34 or summary judgment
under Rule 35, motu proprio include in the pre-
trial order that the case be submitted for
summary judgment or judgment on the
pleadings, without need of position papers or
memoranda. In such cases, judgment shall be
rendered within 90 calendar days from
termination of the pre-trial. (Rule 18, RoC)
the parties to the mandatory Court-Annexed termination of the hearing
Mediation, and in the court’s discretion, Judicial
Dispute Resolution. 2. No provision re CAM or JDR, but at the
hearing, the judge shall first exert efforts to bring
2.The court may, in the same Preliminary the parties to an amicable
Conference Order, declare the case submitted for settlement of their dispute. (Rule IV, REP)
judgment if, on the basis of the pleadings and
their attachments, as well as the stipulations and
admissions made by the parties, judgment may
be rendered without the need of submission of
position papers. In this event, the court shall
render judgment within thirty (30) calendar days
from issuance of the order…
3.If the court, however, deems the submission of
position papers still necessary, it shall require the
parties, in the Preliminary Conference Order, to
submit their respective position papers within
ten (10) calendar days from receipt of such
order. No other judicial affidavits or evidence will
be admitted even if filed with the position
papers.
4. Within 30 calendar days from receipt by the
court of the Mediator’s Report or the JDR Report
on the parties’ failure to reach an amicable
settlement, the court shall render judgment.
5.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
additional judicial affidavits or other evidence on
the said matters, within 10 calendar days from
receipt of said order.
6. Judgment shall be rendered within 15 calendar
days after the receipt of
the last clarificatory judicial affidavits, or the
expiration of the period for fi ling the same.
 The court shall not resort to the clarificatory
procedure to gain time for the rendition of the
judgment. (Rule III-A, REP)

Appeal on order The [pre-trial] order of the court to submit the
case for judgment pursuant to this Rule shall not
be the subject to appeal or certiorari.(Rule 18,
RoC)
The court’s [preliminary conference] order shall The decision shall be final, executory and
not be the subject of a motion for Unappealable (Rule IV, Sec. 24, REP)
reconsideration or a petition for certiorari,
prohibition, or mandamus, but may be among
the matters raised on appeal after a judgment on
the merits. (Rule III-A, REP)

Trial Rules 30, 31, 32

Trial proper

Offer of evidence

Demurrer to evidence Rule 33

Regular Judgment Rule36 Rule III-A, Sec. 13-14

Period to decide

Forms and Contents

Entry

Execution Rules 37, 38, 39

Appeals Rules 40+