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Cases Covered by Summary Procedure

This document outlines the types of civil and criminal cases covered in municipal trial courts, the allowed and prohibited pleadings, and available remedies. For civil cases, it details the pleadings allowed such as complaints and answers, and prohibited pleadings like motions to dismiss or for reconsideration. It also lists the remedies of appeal to regional trial courts. For criminal cases, it specifies the violations of traffic laws, rental laws, and local ordinances covered, and states the allowed pleadings of complaints and answers, and prohibited motions. Remedies include appeal.

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74 views

Cases Covered by Summary Procedure

This document outlines the types of civil and criminal cases covered in municipal trial courts, the allowed and prohibited pleadings, and available remedies. For civil cases, it details the pleadings allowed such as complaints and answers, and prohibited pleadings like motions to dismiss or for reconsideration. It also lists the remedies of appeal to regional trial courts. For criminal cases, it specifies the violations of traffic laws, rental laws, and local ordinances covered, and states the allowed pleadings of complaints and answers, and prohibited motions. Remedies include appeal.

Uploaded by

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

Cases covered Pleadings allowed Prohibited pleadings Remedies available Note

a. All forcible entry and unlawful detainer a. Complaints; a.  Motion to dismiss the complaint a. Appeal to RTC by filing Notice of
cases (irrespective of amount of damages or Except: Appeal with MTC/MeTC to be filed
unpaid rentals sought to be recovered) b. Answer (may include compulsory 1. on the ground of lack of jurisdiction over the within 15 days after notice of
counterclaims and cross-claims) to be filed subject matter; judgment or final order
within 10 days from service of summons 2. failure to refer to Lupon for conciliation if so
required) Note: Record on Appeal is required
b. All other civil cases (except probate c. Answer to compulsory counterclaims and ONLY in special proceedings to be
proceedings) where the total amount of cross-claims within 10 days from service of b.   Motion for a bill of particulars; filed within 30 days from notice
plaintiff’s claim does not exceed Php answer in which they are pleaded
10,000.00 exclusive of interest and costs c.  Motion for new trial, or for reconsideration of a
judgment, or for opening of trial; b. Decision of RTC shall be
appealable by Petition for Review
d.  Petition for relief from judgment; to CA within 15 days from notice of
decision.
Note: All pleadings shall be verified e. Motion for extension of time to file pleadings,
affidavits or any other paper;   Respondent may be
required to file Comment
f. Memoranda; on the Petition within 10
days from notice
g.  Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;

h.  Motion to declare the defendant in default; 

i.  Dilatory motions for postponement;

j. Reply;

k. Third party complaints;

l. Interventions.
CRIMINAL CASES

a. Violations of traffic laws, rules and


regulations; 
(2)  Violations of the rental law; 
(3)  Violations of municipal or city
ordinances; 

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