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Flow Chart For Civil Cases Covered by The Revised Rules On Summary Procedure

The document outlines the summary procedure in civil cases in the Philippines. It discusses the key steps which include filing a verified complaint, determining if the case falls under summary procedure, issuing a summons, requiring the defendant to file an answer within 10 days, holding a preliminary conference within 30 days of the last answer, submitting witness affidavits and position papers within defined periods, and requiring the court to render a judgment within 30 days after receiving the last submissions.

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Sweetie Gambe-Vallejera
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3K views

Flow Chart For Civil Cases Covered by The Revised Rules On Summary Procedure

The document outlines the summary procedure in civil cases in the Philippines. It discusses the key steps which include filing a verified complaint, determining if the case falls under summary procedure, issuing a summons, requiring the defendant to file an answer within 10 days, holding a preliminary conference within 30 days of the last answer, submitting witness affidavits and position papers within defined periods, and requiring the court to render a judgment within 30 days after receiving the last submissions.

Uploaded by

Sweetie Gambe-Vallejera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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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 on


any of the grounds apparent therefrom
for the dismissal of a civil action

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

APPEARANCE OF PARTIES
If plaintiff fails to appear, the case
shall be dismissed. The defendant
who 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.

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, defendants answer shall
include therein all affirmative and
negative 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

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

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.
JLAGAMBE-VALLEJERA

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