7/25/2019 Flow Chart for Civil Cases covered by the Revised Rules on Summary Procedure

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JLAGAMBE-VALLEJERA

SUMMARY PROCEDURE IN CIVIL CASES

FILING OF VERIFIED COMPLAINT WITH

THE MTC

-Determination and Payment of Filing fees

- Case is docketed by the clerk of court

Court determines if case falls under

summary procedure

Court dismisses the case outright onany of the grounds apparent therefrom

for the dismissal of a civil action

If no ground for dismissal is found,court shall forthwith issue summons

which shall state that summary

procedure under this rule shall apply

ANSWER

Within 10 days from receipt of

summons, defendantsanswer shall

include therein all affirmative andnegative defences as well as

compulsory counterclaims. The answer

to counterclaims or cross-claims shall

be filed and served within 10 days from

service of the answer in which they are

pleaded

EFFECT OF FAILURE TO ANSWER

If defendant fails to answer the complaint

within the period above provided, the

court, motu proprio or on motion of the

plaintiff, shall render judgment w/o

prejudice to Sec.4 Rule 15 of the Rules of

Court if there are 2 or more defendants

PRELIMINARY CONFERENCE

To be held within 30 days after the last answer is filed

APPEARANCE OF PARTIES

If plaintiff fails to appear, the case

shall be dismissed. The defendantwho appears in the absence of

plaintiff shall be entitled to judgment

on his counterclaim. All cross-claims

shall be dismissed.

If a sole defendant fails to appear, the

plaintiff shall be entitled to judgment

in accordance with Rule 6 hereof. This

rule shall not apply where one of two

or more defendants sued under a

common cause of action who pleaded

a common defense shall appear at the

preliminary conference.

Within 5 days after the termination of preliminary

conference, the court issues a record of

preliminary conference

Within 10 days from receipt of the order mentioned in

the next preceding section, the parties shall submit the

affidavits of their witnesses and other evidence on the

factual issues defined in the order, together with their

position papers

RENDITION OF JUDGMENT

Within 30days after receipt of the last affidavits and position papers, or

the expiration of the period for filing the same, the court shall render

judgment.