Summary Procedure in Civil Cases

1. Application

Forcible entry and unlawful detainer, irrespective of amount of damages or unpaid rentals sought to be recovered. All other cases where the total amount of claim of plaintiff does not exceed P100,000, or P200,000 in Metro Manila EXCLUSIVE o interests and costs

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2. Procedure
Verified Complai nt

EXCEPT probate proceeding Dismissed outright (based on same grounds for dismissal of ordinary civil action)

Court to issue Summons (if no ground for dismissal is found) 10 days from service of Summons Answer (With compulsory counterclaim or crossclaim, otherwise barred) 10 days from service of Answer

No Answer filed

Judgment based on facts alleged in the complaint (subject to Section 4, Rule 18) Complaint will be dismissed Defendant will be entitled to judgment on his compulsory counterclaim Crossclaim will be dismissed

Answer to compulsory counterclaim or crossclaim 30 days after filing last pleading Plaintiff fails to appear Defendant fails to appear Preliminary Conference 5 days after termination of Prelim Conference Court to issue Record of Preliminary Conference 10 days from receipt of Record

Plaintiff will be entitled to judgment

Submit clarificatory affidavit

Submission of affidavit of witnesses and other evidence and of position papers 30 days from receipt of last affidavit and If matters need to be clarified position paper Court to issue 10 days from receipt of order to submit order clarificatory Court to affidavit render 15 days from receipt of clarificatory judgment affidavit