VALISNOTES 1

Rules on Expedited Procedure

in the First Level Courts Memaid x J. Wagan Notes

Coverage
These rules shall govern the expedited procedures in the Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts, for the
following cases falling within their jurisdiction.

Summary Procedure Cases

1. 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 (Pl00,000.00).
2. 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 (P2,000,000.00), exclusive of interest damages of
whatever kind, attorney's fees, litigation expenses and costs.
3. Complaints for damages where the claim does not exceed Two Million Pesos
(P2,000,000.00), exclusive of interest and costs.
4. Cases for enforcement of barangay amicable settlement agreements and arbitration awards
where the money claim exceeds One Million Pesos (P1,000,000.00), 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.
5. 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.
6. The civil aspect of a violation of Batas Pambansa BIg. 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.

Appeals in Summary Procedure

Section 1. Ordinary appeal. - Any judgment, final order, or final resolution in a Summary
Procedure case may be appealed to the appropriate Regional Trial Court exercising jurisdiction
over the territory under Rule 40 for civil cases and Rules 122 for criminal cases, of the Rules of
Court. The appeal shall be taken by filing a notice of appeal together with proof of payment of the
appeal fees, with the court that rendered the judgment,. order or resolution appealed from within
fifteen (15) calendar days from receipt of the same.

Sec.2. Remedy from judgment on appeal. - The judgment of the Regional Trial Court on the appeal
shall be final, executory, and unappealable.

Rule 70: Forcible Entry and Unlawful Detainer

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in the First Level Courts Memaid x J. Wagan Notes

Ejectment Cases
An action for ejectment is a summary proceeding meant to provide an expeditious means of
protecting actual possession or right of possession of property. In this special civil action, the title
to the property is not involved. The only matter resolved is the question as to who is entitled to the
physical or material possession of the premises or possession de facto.

Forcible Entry Unlawful Detainer

Who May File
A person deprived of possession of any land or 1. Lessor, vendor, vendee or other person
building by force, intimidation, strategy, against whom possession of any land or
threat, or stealth. building is unlawfully withheld; and
2. Legal representatives or assigns of any
such lessor, vendor, vendee, or other
person against whom possession of any
land or building is unlawfully withheld.
When To File
GR: It is counted from the date of the entry GR: It is counted from the date of the last
or taking of possession by use of force, demand to pay and vacate in case of non-
intimidation, threat, or strategy. payment of rent or non-compliance with the
conditions of the lease.
XPN: When the entry was done through
stealth, the one-year time bar is reckoned from XPN: When the subsequent demands were
the time the entry was discovered. merely in the nature of reminders of the
original demand, in which case the one-year
period is counted from the first demand.
Mandatory Allegations for the MTC to Acquire Jurisdiction
1. That they have prior physical possession of 1. Initially, possession of property by the
the property; defendant was by contract with or by
2. That they were deprived of possession by tolerance of the plaintiff;
force, intimidation, strategy, threat, and 2. Eventually, such possession became illegal
stealth; and upon demand to pay or comply and vacate
3. That the action was filed within One (1) was made;
year from the time the owners or legal 3. Thereafter, the defendant remained in
possessors learned of their deprivation of possession of the property and deprived the
the physical possession of the property. plaintiff of the enjoyment thereof; and
4. Within One year from the last demand or
defendant to vacate the property, the
plaintiff instituted the complaint for
ejectment.

Forcible Entry Unlawful Detainer

As to Definition
The act of depriving a person of the material or The act of unlawfully withholding the
actual possession of a land or building or of possession of a land or building against or from
taking possession by force, intimidation, a landlord, vendor, vendee or other persons,
after the expiration or termination of the
VALISNOTES 3
Rules on Expedited Procedure
in the First Level Courts Memaid x J. Wagan Notes

threat, strategy or stealth without the consent detainer’s right to hold possession by virtue of
of the possessor. a contract, express or implied.
As to Nature of the Action
Both are real actions because they affect title to or possession of real property. Both are also
actions in personam, because the plaintiff seeks to enforce a personal obligation of the defendant
to vacate the property subject of the action.
As To Nature of Possession
Possession of the land by the defendant is Possession is inceptively lawful but becomes
unlawful from the beginning. illegal by reason of expiration of one’s right to
possess the property after termination or
violation of a lease contract.
As To Necessity of Demand To Vacate
No previous demand for the defendant to There is a need for demand to vacate.
vacate the premises is necessary.
Demand is jurisdictional if the ground is non-
payment of rentals or failure to comply with
lease contract.
As To Prior Physical Possession
As a rule, plaintiff must prove that he was in The plaintiff need not have prior physical
prior physical possession of the premises until possession.
he was deprived by the defendant.
As To Prescriptive Period
GR: It is counted from the date of the entry GR: It is counted from the date of the last
or taking of possession by use of force, demand to pay and vacate in case of non-
intimidation, threat, or strategy. payment of rent or non-compliance with the
conditions of the lease.
XPN: When the entry was done through
stealth, the one-year time bar is reckoned from XPN: When the subsequent demands were
the time the entry was discovered. merely in the nature of reminders of the
original demand, in which case the one-year
period is counted from the first demand.

Pleadings Allowed
Since ejectment is governed by the Rules on Summary Procedure, the only pleadings allowed to
be filed are the following:
1. Complaint;
2. Compulsory counterclaim (pleaded in the answer);
3. Cross claim (pleaded in the answer); and
4. Answers thereto.

NOTE: All pleadings shall be verified.

Answer
1. Filed within 10 days from service of summons and serve a copy thereof to the plaintiff;
2. Affirmative and negative defenses not pleaded shall be deemed waived, except lack of
jurisdiction over the subject matter;
VALISNOTES 4
Rules on Expedited Procedure
in the First Level Courts Memaid x J. Wagan Notes

3. Cross claims and compulsory counterclaims not asserted shall be considered barred;
4. Answer to counterclaims or cross-claims shall be served and filed within ten (10) days
from service of the answer in which they are pleaded.

Effect of Failure to Answer

Should the defendant fail to answer the complaint within the given period, the court motu proprio
or on motion of the plaintiff, shall render judgment (not an order declaring the defendant in
default) as may be warranted by the facts alleged in the complaint and limited to what is
prayed for therein.

Referral for Conciliation

Cases requiring referral to Lupon for conciliation under the provisions of R.A. No. 7760 where
there is no showing of compliance with such requirement shall be dismissed without prejudice
and may be revived only after such requirement shall have been complied.

Prohibited Motions and Pleadings

1. Motion to dismiss the complaint except on the ground of lack of jurisdiction over the
subject matter, or failure to refer the case for barangay conciliation when required;
2. Motion for Bill of particulars;
3. Motion for New trial, or for reconsideration of a judgment, or for reopening of trial;
4. Petition for Relief from judgment;
5. Motion for Extension of time to file pleadings, affidavits or any other paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by
the court;
8. Motion to Declare the defendant in Default;
9. Dilatory motions for postponement;
10. Interventions;
11. Reply; and
12. Third party complaints.

Resolving Defense of Ownership

When the defendant raises the issue of ownership, the court may resolve the issue of ownership
but only under the following conditions:
1. When the issue of possession cannot be resolved without deciding the issue of ownership,
and
2. The issue of ownership shall be resolved only to determine the issue of possession.

Judgment Conclusive Only On Possession; Not Conclusive In Actions Involving Title Or

Ownership
The adjudication is, however, merely provisional and would not bar or prejudice an action
where the issue of ownership is raised by any of the parties, the courts may pass upon the same
in order to determine who has the right to possess the property.

Immediate Execution of Judgment; How to Stay the Same

VALISNOTES 5
Rules on Expedited Procedure
in the First Level Courts Memaid x J. Wagan Notes

General Rule: Judgment of the MTC against the defendant in ejectment proceedings is
immediately executory.

Exceptions: When the following concur:

1. The defendant perfects his appeal;
2. He files sufficient supersedeas bond to pay the rents, damages and costs accruing down to
the time of judgment appealed from;
3. When the defendant makes periodical deposits with the appellate court, during pendency
of the appeal the amount of rent due from time to time under the contract or, in the absence
of a contract, the reasonable value of the use and occupation of the premises.

Immediate Execution on Appeal to CA or SC

The judgment of the RTC against the defendant shall be immediately executory, without prejudice
to a further appeal that may be taken therefrom.

Small Claims Cases

Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos
(P1,00,000.00) exclusive of interest and costs.

A "small claim" is 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 seeking
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:

1. For money owed under any of the following:
a. Contract of Lease;
b. Contract of Loan and other credit accommodations;
c. Contract of Services; or
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 (P1,000,000.00), 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 VIJ of Republic Act No. 7160, otherwise known as The Local Government Code
of 1991.

Purpose
To have a simplified, speedy, inexpensive and informal determination of cases involving small
claims.

Pleadings Allowed
VALISNOTES 6
Rules on Expedited Procedure
in the First Level Courts Memaid x J. Wagan Notes

The verified statement of claims and the verified response.

- If the verified statement of claims does not have affidavits, the MTC may dismiss it without
prejudice.

What must be appended in the verified statement of claims?

- Certification against Forum Shopping (form is provided);
- Certification against Splitting of a Cause of Action;
- Certification against Multiplicity of Suits;
- Certified True Copy of the Actionable Document where they based their claim for lease,
loan, sale, services, mortgage or the contract upon which they based the claim for liquidated
damages, e.g., promissory note or receipt;
- Affidavits of witnesses (who are these? Witnesses who have knowledge of the unpaid
obligations based on those enumerated);
- Other supporting documents, e.g., demand letter, to support his claim or for payment or
reimbursement from the defendant; he will have to pay the docket fees.

Why needed (the appended things)?

There is no trial. Because if may utang ka, may papakita ka na may utang talaga yan. So si Judge
will just look at the actionable documents so it’s easy to determine.

Pauper Litigant
Show a Certificate of Indigency.
- He may file, request siya dun, sulat lang, I want to litigate as pauper or indigent. What will
the branch clerk do with the motion? He will give that to the presiding judge in single sala
or to the executive judge in multi-sala. And the judge will have to hear right there and then
and see if he can be allowed to litigate as indigent or pauper litigant.