ART.

2035 NEW CIVIL CODE

Pursuant to Article 2035 of the Civil Code, no compromise (and by implication, waivers)
upon the following shall be valid: the civil status of persons, the validity of a
marriage or a legal separation, any ground for legal separation, future support, the
jurisdiction of courts, and future legitime.

SPECIAL CIVIL ACTIONS NOT SUBJECT TO COMPROMISE

1. Declaratory Relief and Similar Remedies
2. Review of Judgments and Final Orders or Resolutions of the Commission on Elections
and the Commission on Audit
3. Certiorari, Prohibition and Mandamus
4. Quo Warranto
5. Contempt

CAN BE SUBJECT FOR CAM

Special civil actions:
1. Interpleader
2. Expropriation
3. Partition
4. Forcible entry and unlawful detainer

SECTION 3. REFERRAL TO MEDIATION. - At the start of the pre-trial conference, the

court shall inquire from the parties if they have settled the dispute; otherwise, the court shall
immediately refer the parties or their counsel, if authorized by their clients, to the Philippine
Mediation Center (PMC) unit for purposes of mediation. If not available, the court shall refer the
case to the clerk of court or legal researcher for mediation.

Mediation must be conducted within a non-extendible period of thirty (30) days from receipt of
notice of referral to mediation.

The mediation report must be submitted within ten (10) days from the expiration of the 30-day
period.

The Rules on Summary Procedure in the Philippines cover specific types of civil and criminal
cases. Here are some examples of cases that fall under these rules:
1. Civil Cases:
o Forcible entry and unlawful detainer: These cases involve disputes over the
possession of real property, regardless of the amount of damages or unpaid rentals
sought to be recovered. Attorney’s fees awarded in these cases should not exceed
₱20,000.
o Other civil cases: This includes all other civil cases, except probate proceedings,
where the total amount of the plaintiff’s claim does not exceed ₱100,000 (outside
Metro Manila) or ₱200,000 (in Metro Manila), exclusive of interest and costs1.
o
 2. Criminal Cases:
o Violations of traffic law, rules, and regulations
o Violation of the rental law
o Other criminal cases: This category covers criminal cases where the penalty
prescribed is imprisonment not exceeding six (6) months, or a fine not exceeding
₱1,000, or both. It also applies to offenses involving damage to property through
criminal negligence, provided that the imposable fine does not exceed ₱10,0001.

Please note that these rules do not apply to civil cases where the plaintiff’s cause of action is
pleaded in the same complaint with another cause of action subject to ordinary
procedure. Similarly, they do not apply to criminal cases where the offense charged is
necessarily related to another criminal case subject to ordinary

RA 11576. JULY 30, 2021

Section 2. Section 33 of the same law is hereby amended to read as follows:

“Section 33. Jurisdiction of the Metropolitan Trial Courts, Municipal Trial

Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial
Courts in Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:

“(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where the
value of the personal property, estate, or amount of the demand does not exceed Two
million pesos (P2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest, damages of whatever kind, attorney’s
fees, litigation expenses, and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or causes of actions
between the same or different parties, embodied in the same complaint, the amount of
the demand shall be totality of the claims in all the causes of action, irrespective of
whether the causes of action arose out of the same or different transactions;

“x x x

“(3) Exclusive original jurisdiction in all civil actions which involve title to, or possession
of, real property, or any interest therein where the assessed value of the property or any
interest therein does not exceed Four hundred thousand pesos (P400,000.00) exclusive
on interest, damages of whatever kind, attorney’s fees, litigation expenses and
costs: Provided, That in cases of land not declared for taxation purposes, the value of
such property shall be determined by the assessed value of the adjacent lots.
“(4) Exclusive original jurisdiction in admiralty and maritime actions where the demand
or claim does not exceed Two million pesos (P2,000,000.00).”

RULE 18-penalty for non appearance with the PMCU

Section 5. Effect of failure to appear. — The failure of the plaintiff to appear when so required
pursuant to the next preceding section shall be cause for dismissal of the action. The dismissal shall
be with prejudice, unless other-wise ordered by the court. A similar failure on the part of the
defendant shall be cause to allow the plaintiff to present his evidence ex parte and the court to
render judgment on the basis thereof. (2a, R20)

SUMMARY PROCEDURE-PEALTY FAILURE TO APPEAR AT THE PMCU

Sec. 7. Preliminary conference; appearance of parties. — Not later than thirty

(30) days after the last answer is filed, a preliminary conference shall be held.
The rules on pre-trial in ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this Rule. chanrobles virtual law librarychanrobles virtual law library

The failure of the plaintiff to appear in the preliminary conference shall be a

cause for the dismissal of his complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to judgment on his counterclaim in
accordance with Section 6 hereof. All cross-claims shall be dismissed.

If a sole defendant shall fail to appear, the plaintiff shall be entitled to

judgment in accordance with Section 6 hereof. This Rule shall not apply where
one of two or more defendants sued under a common cause of action who had
pleaded a common defense shall appear at the preliminary conference.