CORDILLERA CAREER DEVELOPMENT COLLEGE

COLLEGE OF LAW
Law 328: PRACTICUM II

(ACTIVITY 4)

COURT OBSERVATION

Agency/ Office: MUNICIPAL TRIAL COURT IN CITY

BRANCH 2
Resource Person: N/A

I. CIVIL CASES UNDER THE MTC

A. Forcible entry and unlawful detainer cases, regardless of the amount of

damages or unpaid rentals sought to be recovered. Where attorney’s fees
are awarded, the same shall not exceed One Hundred Thousand Pesos
(Php 100,000.00)
B. All civil actions, except probate proceedings, admiralty and maritime
actions, and small claims cases falling under Rule IV hereof, where the
total amount of the plaintiff’s claim does not exceed Two Million Pesos
(Php. 2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses and cost.
C. Complaints for damages where the claim does not exceed Two Million
Pesos (Php. 2,000,000.00), exclusive of interest and costs.
D. Cases for enforcement of barangay amicable settlement agreements and
arbitration awards where the money claim exceeds One Million Pesos
(Php. 1,000,000.00), provided that no execution has been enforced by the
barangay within six (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, pursuant to Section
417, Chapter VII of Republic Act No. 7160, otherwise known as The
Local Government Code of 1991.
E. Cases solely for the revival of judgment of any Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, and Municipal
Circuit Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court.
F. The civil aspect of a violation of Batas Pambansa Blg. 22 (the Bouncing
Checks Law), if no criminal action has been instituted therefor. Should a
criminal action be later instituted for the same violation, the civil aspect
shall be consolidated with the criminal action and shall be tried and
decided jointly under the Rule on Summary Procedure.

All other cases not included herein shall be governed by the regular rules of
procedure.

Small Claims Cases, as defined as an action that is purely civil in nature where the
claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum
of money. It excludes actions seekin other claims or reliefs aside from payment or
reimbursement of a sum of money and those coupled with provisional remedies.

The claim or demand may be as follows:

1. For money owed under any of the following:
1.a. Contract of Leas,
1.b. Contract of Loan and other credit accommodations,
1.c. Contract of Services,

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II

1.d. Contract of Sale of personal property, excluding the recovery of the

personal property, unless it is made the subject of a compromise
agreement between the parties.
2. The enforcement of barangay amicable settlement agreements and arbitration
awards, where the money claim does not exceed One Million pesos (Php.
1,000,000), provided that no execution has been enforced by the barangay within
six (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, pursuant to Section 417, Chapter VII of Republic
Act no. 7160, otherwise known as The Local Government Code of 1991.

II. SUMMARY PROCEDURE

Under the Rule on Summary Procedure, all Pleadings shall be verified and must
comply with barangay conciliation and must contain a statement of compliance. Where
there is no showing of compliance with such requirement, the complaint shall be
dismissed without prejudice, on the court’s own initiative or upon motion by the
defendant, and may be re-filed only after the requirement has been complied with.

The complaint must contain material facts and other necessary as provided by the
rules. Documentary and other object evidence in support of the allegations in the
complaint must be attached.

Summons shall be issued within five (5) calendar days from receipts of the
complaint. The court shall direct the branch court to issue summons to the defendant,
stating clearly that the case shall be governed by the Rules on Summary Procedure.

Within thirty (30) calendar days from service of summons, the defendant shall file
an answer to the complaint and serve a copy thereof on the plaintiff.

Within five (5) calendar days after the last responsive pleading is filed, the branch
of clerk of court shall issue a Notice of Preliminary Conference, which shall be held
within thirty (30) calendar days from the date of filing of such last responsive pleading. A
preliminary conference brief shall be filed with the court and serve on the adverse party
at least three (3) calendar days before the scheduled Preliminary Conference.

During the Preliminary Conference, it shall be the duty of the parties and their
counsel to appear. Also, it is their duty to appear in Court Annexed Mediation, and
Judicial Dispute Resolution, if ordered by the court. The non-appearance of the party and
counsel may be excused only for acts of God, force majeure, or duly substantiated
physical inability.

A Preliminary Conference Order shall be issued by the court immediately after

the preliminary conference and the issues having been joined referring the parties to the
mandatory court-annexed mediation, and judicial dispute resolution. The court may
declare the case submitted for judgment if, on the basis of the pleadings and their
attachments, as well as the stipulations and admissions made by the parties, judgement
may be rendered without the need of submission of position papers. In this event, the
court may render judgment within thirty (30) calendar days from issuance of the order.

Within thirty (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.

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II

III. OBSERVATIONS

Few days before the actual court observations, our group drafter our request for us
to be allowed to enter the court room and observe the actual procedures being conducted
for civil cases. Our letter was duly received and we were instructed to come back on
February 16, 2023. We were then allowed to enter and observe in the Municipal Trial
Court in City (MTCC) Branch 2, under the presiding judge Honorable Judge Bawayan.

During our actual observation in the court room, we initially observed that the
ambience was different from what we usually saw in movies. The procedures were being
conducted not in a very formal way. Although we were asked to all rise as the judge
entered and we all sat down as the judge sit on the chair.

Initially, the case to be held for trial are being read by the court staff. Then the
counsels make their appearances. What we observe during the presentation of the witness
is that the witness will identify and testify on the authenticity of his/her submitted judicial
affidavits. Confirming that the judicial affidavit as marked as exhibits was executed by
the witness. The opposing counsel then is allowed to ask questions on the witness
presented based on the judicial affidavits.

We also observed that many of the cases were rescheduled for so many reasons
which were nevertheless allowed by the court.

Prepared by:

DAVID S. WADWADAN
JD-3

EDUARDO ANGUPA JR.

JD-3

Date of Submission: February 17, 2023

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