Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch 166, Pasay City
Room 202, 2nd Floor, Hall of Justice, F.B. Harrison St., Pasay City
Contact No. +639270460923
Email address: metc1psy166@judiciary.gov.ph

PHILIPPINE SAVINGS BANK CIVIL CASE NO: M-PSY-23-02709-

Plaintiff, CV

-versus- For: Recovery of Possession with

Application for Preliminary Writ of
RODERICK D. TONGA AND JOHN Replevin with Alternative Prayer for
DOE, Sum of Money
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - -x

SUMMONS

TO: RODERICK D. TONGA

Blk12, Lot 41, PH2, Hyacinth,
Garden Villas III, Malusak,
Santa Rosa, Laguna;

and

Philippine National Police,

PNP Cavite City, Zulueta St.,
Brgy. 59, Cavite City, Cavite

G R E E T I N G S:

You are hereby required to file with this Court your verified Answer1 to the
Complaint with its annexes within sixty (60) calendar days from service of this
Summons upon you, and to serve a copy thereof on the plaintiff/s.

The Rules on Expedited Procedure in the First Level Courts 2 shall apply in this
case. You are prohibited3 from filing a motion to dismiss, for bill of particulars, to hear or
resolve affirmative defenses, or for extension of time to file pleadings, affidavits or any
other paper, and to admit late judicial affidavits and other evidence dilatory motion for
postponement, third-party complaints, and Motion for and Complaint in Intervention.

Pursuant to said Expedited Rules, the verified Answer, it shall be signed by the
party and his counsel representing him.4 It shall state the following:

1) The names of the affiants whose judicial affidavits will be presented to prove
the defendant’s allegations. The judicial affidavits shall be attached to the

1
Section 6, Rule II of A.M. No. 08-8-7-SC.
2
A.M. No. 08-8-7-SC, effective 11 April 2022.
3
Section 2, Rule II of A.M. No. 08-8-7-SC.
4
Section 3, Rule 7 of A.M. No. 19-10-20-SC, or the 2019 Amended Rules of Court.
 answer and shall form an integral part thereof. Judicial affidavits not attached
to the answer shall not be considered;
2) The summary of the statements in the judicial affidavits;
3) The documentary and other object evidence in support of the allegations in
the answer;
4) Whether the defendant consents to service by electronic means or facsimile
and, if so, provide a working and updated e-mail address.

Please be informed that:

1) Failure to file a verified Answer within the thirty (30) calendar day period will
merit the Court on its own initiative, or upon manifestation by the plaintiff to
render judgment as may be warranted;
2) Filing the original copy of the verified Answer (with attachments) must be
submitted personally to Court, or by a private courier accredited by the
Supreme Court. The verified Answer shall NOT be filed or served through
the Court’s email5;
3) Cross-claims and compulsory counterclaims not asserted in the answer shall
be considered barred;
4) Affirmative defenses not pleaded in the answer shall be deemed waived,
except for lack of jurisdiction over the subject matter, litis pendentia, res
judicata, and prescription;
5) Docket and other legal fees shall not be imposed for counterclaims against
the plaintiff that does not arise out of the same transaction or occurrence; and
6) You may seek assistance from the Public Attorney’s Office subject to its
indigency test and merit qualifications.6
7) Pursuant to the Order dated 21 September 2023, notice is hereby given that
the plaintiff has been authorized to serve the Summons to the defendant
whose addresses are outside the judicial region of this Court. If Summons is
returned without being served upon the defendant, notice is hereby given to
the plaintiff to cause the Summons by other means available under the
Rules.7

Parties may contact the Court in the following:

Landline number : (02) 8831-1766;

Mobile number : +639270460923; and
Email address : metcpsy166@judiciary.gov.ph

WITNESS, HON. KIRBY G. JAVIER, Presiding Judge of this Court this 24th day
of October 2023.

MARIA CARMEN M. LACSON

Clerk of Court III

5
Section 14, Rule 13 (ibid)
6
Articles 2 and 3, Chapter II of the 2021 Revised PAO Operations Manual, in relation to Republic Act
9406.
7
Section 3, Rule 14 (ibid)