CHAPTER 31 CRIMCIV AFTER MID

Question 1

What is the purpose of RULES ON EXPEDITED PROCEDURES?

RULES ON EXPEDITED PROCEDURES

Answer 1

The rights to the speedy resolution of cases and speedy trial have been the essential consideration
of the Supreme Court in promulgating rules of procedure. These Constitutional rights ensure that
every litigant who seeks to enforce or defend their claims before the courts are not unnecessarily
burdened by the rigidities of legal proceedings. Until now, the maxim that “justice delayed is justice
denied” resonates fervently to improve and develop our adjudication process.

The Rules on Expedited Procedures in the First Level Courts, which have
incorporated both the Rule on Summary Procedure and the Rules on Small Claims Cases. It is the
avid objective of the Supreme Court that these Rules be applied meticulously by the members of
the bench and the bar, and the general public, so as to reinforce that every civil and criminal case
covered by these Rules shall be resolved appropriately without unwarranted delay. The Rules will
apply prospectively and will take eff ect on 11 April 2022.

Question 2

When did the new rule take effect

Chapter 31

Answer 2

Effectivity Date: The rules took effect on April 11, 2022, but they only apply to cases filed on or after this date. Cases filed before this date will continue to be governed by the rules that were applicable at the time of their filing.

The Rules will apply prospectively and will take effect on 11 April 2022.

Question 3

The rule governs cases before which courts?

RULES ON EXPEDITED PROCEDURES

Answer 3

• The Municipal Trial Courts,
• Municipal Trial Courts in Cities,
• Municipal Circuit Trial
  Courts, and
• Metropolitan Trial Courts. It covers summary procedure
  and small claims cases.

Question 4

What types of cases does it cover?

Answer 4

1. summary procedure
2. and small claims cases.

Question 5

Explain the Applicability of the Regular Rules

Answer 5

“If there is no specific provision for a given situation provided in these rules, the regular procedure prescribed under the Rules of Court shall be applied. Notwithstanding this and despite that there is a specific provision, the regular procedure may also be applied to the cases governed herein, but only in suppletory character and provided that the same will not be inconsistent with these rules. In case of inconsistency, these rules shall prevail.”

This provision explains how the regular Rules of Court interact with the Rules on Expedited Procedures in situations where there might be gaps or overlaps. Here’s a breakdown:

1. Default Application of Regular Rules:
   If a specific situation is not addressed in the Rules on Expedited Procedures, the general Rules of Court serve as the fallback framework.
2. Suppletory Application:
   Even if a specific provision exists within the expedited rules, the regular Rules of Court can still apply in a suppletory (supportive or supplementary) role, as long as:
   
   • They do not contradict the expedited rules, and
   • Their application helps fill in procedural gaps.
3. Conflict Resolution:
   If there is an inconsistency between the regular Rules of Court and the Rules on Expedited Procedures, the expedited rules take precedence and override the general rules.

This ensures that the streamlined processes of the expedited rules are not hindered while still allowing the regular Rules of Court to provide guidance when necessary. Let me know if you’d like me to expand on any part!

Question 6

Sec. 2. Prohibited pleadings and motions. – The following pleadings, motions, or petitions shall not be allowed in cases governed by these Rules:

The following pleadings, motions, or petitions are prohibited in all summary procedure cases, whether the same is a criminal or a civil
action and in small claims cases, to wit:

Answer 6

The following pleadings, motions, or petitions are prohibited in
all summary procedure cases, whether the same is a criminal or a civil
action and in small claims cases, to wit:

a) Motion to dismiss the complaint(civil actions), motion to dismiss the statement of claim (small claims cases), and
motion to quash the information or complaint (criminal cases). The only exception to this is when the motion is on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay
conciliation;

b) Motion to hear and/or resolve affirmative defenses;

c) Motion for a bill of particulars;

d) Motion for new trial, or for reconsideration of a judgment on
the merits, or for reopening of proceedings;

e) Petition for relief from judgment;

f) Motion for extension of time to file pleadings, affidavits, or
any other paper;

g) Memoranda;

h) Petition for certiorari, mandamus, or prohibition against
interlocutory order issued by the court;

i) Motion to declare defendant in default;

j) Dilatory motions for postponement;

k) Rejoinder;

l) Third-party complaints;

m) Motion for Intervention;

n) Complaint in Intervention;

o) Motion to Admit Late Judicial Affidavit, position paper, or
other evidence except on ground of force majeure or acts of
God;

p) Motion for judicial determination of probable cause in
criminal cases.

Note that any motion for postponement shall be presumed to be
dilatory unless the same is grounded on acts of God, force majeure, or
physical inability of a counsel or witness to personally appear in court.
In such case, the motion should be supported by affidavit and medical
proof.

Question 7

Prohibited Pleadings and Motions
“Dogs Have Big Noses, Running Every Moms, Corner, Digging Deep Rocks, Trying If Cats Are Jumping.”

Answer 7

a) Motion to dismiss the complaint(civil actions), motion to dismiss the statement of claim (small claims cases), and
motion to quash the information or complaint (criminal cases). The only exception to this is when the motion is on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay
conciliation;

b) Motion to hear and/or resolve affirmative defenses;

c) Motion for a bill of particulars;

d) Motion for new trial, or for reconsideration of a judgment on
the merits, or for reopening of proceedings;

e) Petition for relief from judgment;

f) Motion for extension of time to file pleadings, affidavits, or
any other paper;

g) Memoranda;

h) Petition for certiorari, mandamus, or prohibition against
interlocutory order issued by the court;

i) Motion to declare defendant in default;

j) Dilatory motions for postponement;

k) Rejoinder;

l) Third-party complaints;

m) Motion for Intervention;

n) Complaint in Intervention;

o) Motion to Admit Late Judicial Affidavit, position paper, or
other evidence except on ground of force majeure or acts of
God;

p) Motion for judicial determination of probable cause in
criminal cases.

Question 8

The following pleadings, motions, or petitions are prohibited in all summary procedure cases, whether the same is a criminal or a civil action and in small claims cases. The only exception to this is

Answer 8

When the motion is on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay conciliation;

Question 9

What are the valid grounds for a motion for postponement to be considered as not dilatory, and what supporting documents are required in such cases?

Answer 9

• Acts of God,
• force majeure, or
• physical inability of a counsel or witness to personally appear in court.

In such case, the motion should be supported by affidavit and medical
proof.

Question 10

Summary Procedure Cases
Civil actions which are classified as summary procedure cases
are: FACCCT

Answer 10

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 P100,000.00;
2. All civil actions where the total amount of the plaintiff’s
   claim does not exceed P2,000,000.00, exclusive of interest,
   damages of whatever kind, attorney’s fees, litigation
   expenses, and costs, except admiralty and maritime actions
   and small claims cases;
3. Complaints for damages where the claim does not exceed
   P2,000,000.00, exclusive of interest and costs;
4. Cases for enforcement of barangay amicable settlements
   and arbitration awards where the money claim exceeds
   P1,000,000.00 provided that no execution has been enforced
   by the barangay within 6 months from the date of the
   settlement or date of receipt of the award or from the date
   the obligation stipulated or adjudged. If the money claim
   is P1,000,000.00 or less, it falls within the category of small
   claims case;
5. Cases solely for the revival of judgment of any MTC;
6. The civil aspect in the case for Violation of B.P. Blg. 22 if no
   criminal action has been instituted. If a criminal action is
   later instituted, the civil aspect shall be consolidated with
   the criminal action and shall be tried and decided jointly.
   Note that if the complaint pleaded another cause of action, which
   is subject to the regular procedure, the rules on summary procedure
   shall not be applicable.

Question 11

How would the rules on summary procedure apply if the complaint included another cause of action that falls under the regular procedure?

Answer 11

Note that if the complaint pleaded another cause of action, which is subject to the regular procedure, the rules on summary procedure shall not be applicable.

Question 12

Note that if the complaint pleaded another cause of action, which
is subject to the regular procedure, the rules on summary procedure
shall not be applicable. Give an example.

Answer 12

Here’s an example scenario to illustrate this rule:

Imagine a person files a complaint in court that includes two causes of action:
1. A claim for unpaid rentals amounting to ₱1,800,000.00 (which qualifies under summary procedure).
2. A claim for damages caused by breach of contract, amounting to ₱3,500,000.00 (which is subject to regular procedure).

Since the second claim falls under the regular procedure (as it exceeds the threshold for summary procedure), the rules on summary procedure will not apply to the entire case. This means that the case will proceed using the regular procedure instead of the simplified rules of summary procedure.

The principle ensures that cases involving multiple causes of action are handled consistently and appropriately, depending on the nature and requirements of each claim.

Let me know if this example makes sense or if you’d like another! 😊

This means that if a complaint filed in court includes not only a cause of action covered under the rules of summary procedure but also an additional cause of action that is governed by the regular procedure, the simplified or expedited rules of summary procedure cannot be applied to the case as a whole. Instead, the regular procedural rules will prevail.
For example, in a case involving a violation of B.P. Blg. 22 (which is subject to summary procedure), if the complaint also includes another claim like damages based on a different legal ground, the regular procedure would take over because of the additional unrelated cause of action. This ensures fairness, as the more complex nature of the additional claim requires adherence to the full procedural framework.

Question 13

Criminal cases which shall be governed by the rules on summary
procedure are: “Tiny Rabbits Might Bounce Delicately 150k Around .”

Answer 13

a) violation of traffic laws, rules and regulations;

b) violation of the rental law;

c) violation of municipal or city ordinances;

d )violation of B.P. Blg. 22;

e) damage to property through criminal negligence
where the imposable fine does not exceed P150,000.00;

f) all other criminal cases where the penalty prescribed
by law for the offense charged does not exceed one year
of imprisonment or a fine not exceeding P50,000.00 or
both, regardless of other imposable penalties.

If the prescribed penalty consists of imprisonment and/or fine,
the prescribed imprisonment shall be the basis in determining whether
or not the case shall be governed by these rules.

Similarly, if the offense charged is necessarily related to another
criminal case, which is subject to the regular procedure, the rules on
summary procedure shall not be applied.

Question 14

Criminal cases which shall be governed by the rules on summary
procedure are:

Answer 14

a) violation of traffic laws, rules and regulations;

b) violation of the rental law;

c) violation of municipal or city ordinances;

d )violation of B.P. Blg. 22;

e) damage to property through criminal negligence
where the imposable fine does not exceed P150,000.00;

f) all other criminal cases where the penalty prescribed
by law for the offense charged does not exceed one year
of imprisonment or a fine not exceeding P50,000.00 or
both, regardless of other imposable penalties.

If the prescribed penalty consists of imprisonment and/or fine,
the prescribed imprisonment shall be the basis in determining whether
or not the case shall be governed by these rules.

Similarly, if the offense charged is necessarily related to another
criminal case, which is subject to the regular procedure, the rules on
summary procedure shall not be applied.

Question 15

If the prescribed penalty consists of imprisonment and/or fine, what should be the basis in determining whether or not the case shall be governed by the rules?

Answer 15

the prescribed imprisonment shall be the basis in determining whether
or not the case shall be governed by these rules.
Similarly, if the offense charged is necessarily related to another
criminal case, which is subject to the regular procedure, the rules on
summary procedure shall not be applied.

Question 16

Procedure in Civil Cases
Pleadings

The only pleadings allowed in civil cases governed by the rules
on summary procedure are: Cats Are Clever, Cool, and Relaxed.

Answer 16

a) the complaint;
b) the answer;
c) the compulsory counter-claim;
d) the cross-claim; and
e) the reply.

Compulsory counter-claims and the cross-claims must be pleaded
in the answer. Otherwise, the same shall be barred.

All pleadings should be verified and should comply with the
requirements set forth in the regular procedure.

If the institution of the complaint is subject to prior conciliation
proceeding before the barangay, the complaint must contain a statement
of compliance thereto. Otherwise, the case shall be dismissed without
prejudice and may only be re-filed after the requirement has been complied with. Such dismissal may be made upon motion by the defendant or upon the court’s own initiative.

If the prescribed penalty is imprisonment and/or fine, the prescribed imprisonment
shall be the basis.

Question 17

Blank and Blank must be pleaded
in the answer. Otherwise, the same shall be barred.

Answer 17

Compulsory counter-claims and the cross-claims

Question 18

What procedural requirement must a complaint include if it is subject to prior conciliation proceedings before the barangay, and what consequences arise if this requirement is not met?

Answer 18

The complaint must contain a statement of compliance thereto. Otherwise, the case shall be dismissed without
prejudice and may only be re-filed after the requirement has been complied with.

Such dismissal may be made upon motion by the defendant or upon the court’s own initiative.

Question 19

(Referral to the Barangay Lupon) What is the condition precendent before certian cases may be filed in court?

Answer 19

Be noted that conciliation before the barangay lupon is a condition
precedent before certain cases may be filed in court.

Question 20

(Referral to the Barangay Lupon) What is the consequence of failing to comply with the conciliation requirement before the barangay lupon,

Answer 20

Failure to comply with such conciliation requirement shall be cause for the dismissal of the action without prejudice due to prematurity.

Question 21

(Referral to the Barangay Lupon) what is the remedy of failure to comply with the concilliation requirement before the barangay

Answer 21

The case may, however, be revived by motion after compliance
from such requirement. Nonetheless, said revival by motion should
be made prior to the expiration of the period to appeal. Otherwise,
the dismissal shall become final.

The proper remedy then would be
to re-file the action since its dismissal was merely without prejudice.
The re-filing thereof, however, should be made before it is barred by
prescription.

Question 22

What if the case does not fall within the authority of the lupon

Answer 22

the court may opt to suspend the proceedings
and refer the case motu proprio to the appropriate barangay authority for
amicable settlement.

Question 23

Be noted that conciliation before the barangay lupon is a condition
precedent before certain cases may be filed in court. Failure to comply
with such conciliation requirement shall be cause for the dismissal of
the action without prejudice due to prematurity. What is remedy?

Answer 23

The case may, however, be revived by motion after compliance
from such requirement. Nonetheless, said revival by motion should
be made prior to the expiration of the period to appeal.

Question 24

Referral to Brgy. Lupon. Where the action is commenced through a representative of the
plaintiff, who is the real party in interest in the case?

Answer 24

Where the action is commenced through a representative of the
plaintiff, it is the latter who is the real party in interest in the case.
Hence, the actual residence of the plaintiff, and not that of his or her
representative, is taken into consideration for purposes of determining
if the dispute is within the authority of the lupon.

Question 25

In disputes over a real property or any interest therein, the same shall be brought before the barangay where the property or the larger portion thereof is situated. This, however, presupposes that both parties are actual residents of the same city or municipality or that they actually reside in adjoining barangays of different cities or municipalities.

Answer 25

Let me simplify this for you: 1. If there's a dispute about **real property** (like land, a house, or any interest related to it), it must first be handled by the **barangay** where the property is located. 2. If the property spans multiple barangays, the dispute should be filed in the barangay where the **larger portion** of the property is situated. 3. This rule applies only if the **two parties involved** either: - Live in the **same city or municipality**, or - Live in **neighboring barangays** but in different cities or municipalities. In summary, this provision ensures that disputes involving property are resolved first at the community level, provided both parties live close enough to the property and to each other for barangay mediation to be practical. I hope that clears it up! Let me know if you'd like an example or further clarification.

Question 26

**Initial Action by the Court** Upon the filing of the case, the court shall determine? ## Footnote See Bañares vs. Balising, G.R. No. 132624, March 13, 2000. Section 408 of R.A. No. 7160 (Local Government Code of 1991). Pascual vs. Pascual, G.R. No. 157830, November 17, 2005. 274

Answer 26

Upon the filing of the case, the court shall determine if the same falls under this rule. If it does and that there is no apparent ground for the dismissal of the case, the court shall direct the branch clerk of court to issue summons.

Question 27

"What should the summons indicate and how should it be served in cases governed by the rule on summary procedure?"

Answer 27

The summons shall clearly indicate that the case shall be governed by the rule on summary procedure and shall be served upon the defendant following the regular rules of procedure.

Question 28

After the order of dismissal of a case without prejudice has become final, and therefore becomes outside the court's power to amend and modify, a party who wishes to reinstate the case has no other remedy but to?

Answer 28

file a new complaint.

Question 29

Bañares vs. Balising, G.R. No. 132624, March 13, 2000.

Answer 29

**FACTS:** **Petitioners contend** that an order dismissing a case or action without prejudice may attain finality if not appealed within the reglementary period. Hence, if no motion to revive the case is filed within the reglementary fifteen-day period within which to appeal or to file a motion for reconsideration of the court's order, the order of dismissal becomes final and the case may only be revived by the filing of a new complaint or information. 26 Petitioners further argue that after the order of dismissal of a case attains finality, the court which issued the same loses jurisdiction thereon and, thus, does not have the authority to act on any motion of the parties with respect to said case. 27 On the other hand, **private respondents** submit that cases covered by the 1991 Revised Rule on Summary Procedure such as the criminal cases against petitioners are not covered by the rule regarding finality of decisions and orders under the Revised Rules of Court. They insist that cases dismissed without prejudice for non-compliance with the requirement of conciliation before the Lupong Tagapamayapa or Pangkat ng Tagapagkasundo of the barangay concerned may be revived summarily by the filing of a motion to revive regardless of the number of days which has lapsed after the dismissal of the case. 28 **HELD:** Petitioners' contentions are meritorious. A "final order" issued by a court has been defined as one which disposes of the subject matter in its entirety or terminates a particular proceeding or action, leaving nothing else to be done but to enforce by execution what has been determined by the court. 29 As distinguished therefrom, an "interlocutory order" is one which does not dispose of a case completely, but leaves something more to be adjudicated upon.

Question 30

Section 408 of R.A. No. 7160 (Local Government Code of 1991). Pascual vs. Pascual, G.R. No. 157830, November 17, 2005.

Answer 30

Objections to venue shall be raised in the mediation proceedings before the punong barangay; otherwise, the same shall be deemed waived. Any legal question which may confront the punong barangay in resolving objections to venue herein referred to may be submitted to the Secretary of Justice or his duly designated representative whose ruling thereon shall be binding. (Emphasis supplied) In the 1982 case of Tavora v. Veloso,11 this Court held that where the parties are not actual residents in the same city or municipality or adjoining barangays, there is no requirement for them to submit their dispute to the lupon as provided for in Section 6 vis a vis Sections 2 and 3 of P.D. 1508 (Katarungang Pambarangay Law). [B]y express statutory inclusion and exclusion, the Lupon shall have no jurisdiction over disputes where the parties are not actual residents of the same city or municipality, except where the barangays in which they actually reside adjoin each other. (Underscoring supplied) In the 2000 case of Vercide v. Hernandez,12 this Court, noting that the Tavora ruling, reiterated in other cases including the 1996 case of Agbayani13 cited by petitioner, was decided under the provisions of P.D. No. 1508 (Katarungang Pambarangay) Law which were, except for some modifications, echoed in Sections 408-409 of the Local Government Code which took effect on January 1, 1992, held that the Tavora ruling remained. To construe the express statutory requirement of actual residency as applicable to the attorney-in-fact of the party-plaintiff, as contended by respondent, would abrogate the meaning of a "real party in interest" as defined in Section 2 of Rule 314 of the 1997 Rules of Court vis a vis Section 3 of the same Rule which was earlier quoted but misread and misunderstood by respondent. **In fine, since the plaintiff-herein petitioner, the real party in interest, is not an actual resident of the barangay where the defendant-herein respondent resides, the local lupon has no jurisdiction over their dispute, hence, prior referral to it for conciliation is not a pre-condition to its filing in court.** The RTC thus erred in dismissing petitioner’s complaint. WHEREFORE, the petition is granted. The assailed February 10, 2003 Order, as well as the March 24, 2003 Order denying reconsideration of the first, of Branch 23 of the Regional Trial Court of Isabela at Roxas is SET ASIDE. Said court is accordingly directed to reinstate Civil Case No. 23-713-02 to its docket and take appropriate action thereon with dispatch. SO ORDERED. CONCHITA CARPIO MORALES Associate Justice WE CONCUR:

Question 31

After dismissal has become final after the lapse of the fifteen-day reglementary period, the only way by which the action may be resuscitated or "revived" is by the institution of a subsequent action through the filing of another complaint and the payment of fees prescribed by law. Why?

Answer 31

This is so because upon attainment of finality of the dismissal through the lapse of said reglementary period, **the Court loses jurisdiction and control over it and can no longer make a disposition in respect thereof inconsistent with such dismissal.**

Question 32

**Outright Dismissal** If the court finds any apparent ground for the dismissal of the case, it may dismiss the same outright on its own initiative. These grounds include:

Answer 32

a)lack of jurisdiction over the subject matter; b)improper venue; c)lack of legal capacity to sue; d) litis pendentia; e) res judicata; f)prescription; g) failure to state a cause of action; h)non-submission of a certification against forum shopping; i)lack of compliance with the condition precedent such as absence of barangay conciliation, among others.

Question 34

**Answer** The verified answer should be filed by the defendant within ----? calendar days from service of the summons. A copy thereof shall be served upon the plaintiff.

Answer 34

The verified answer should be filed by the defendant within 30 calendar days from service of the summons. A copy thereof shall be served upon the plaintiff. All affirmative defenses not pleaded in the answer shall be deemed waived, except for the defense of lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription. The answer must also contain, among others, a statement if he or she consents to service by electronic means or facsimile means. If so, he or she must provide therein his or her e-mail address or facsimile number for such purpose.

Question 35

What happened if the affirmative defenses not pleaded in the answer?

Answer 35

All affirmative defenses not pleaded in the answer shall be **deemed waived**, except for the defense of lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.

Question 36

All affirmative defenses not pleaded in the answer shall be deemed waived, except for?

Answer 36

* the defense of lack of jurisdiction over the subject matter, * litis pendentia, * res judicata, * and prescription.

Question 37

THE FUNDAMENTALS OF CIVIL PROCEDURE **Cross-claims and Counterclaims** All cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred. If the counterclaim:

Answer 37

a. arises out of the same transaction or event that is the subject matter of the plaintiff's claim; b. It does not require the joinder of third-parties for its bris adjudication; c. It is not the subject of another pending action; and d. It is within the coverage of this rule, exclusive of interest and costs. Then, it partakes the nature of a compulsory counterclaim. Thus, it should be raised in the answer. Otherwise, the defendant shall be barred from suing on such claim. Judicial Affidavits The judicial affidavits of the witnesses for the defendant should be attached to the answer. Judicial affidavits which are not attached thereto shall not be considered. Effect of Failure to Answer If the defendant failed to file the answer within the prescribed period, the plaintiff cannot file a motion to declare him or her in default since it is a prohibited motion under the rule. The proper remedy for the plaintiff is to make a manifestation that the period for the filing of the answer has already lapsed. 276

Question 38

**Permissive Counterclaim**

Answer 38

The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence. However, the same should also be within the coverage of this rule. Naturally, the prescribed docket and other legal fees should also be paid. Any amount pleaded in the counterclaim in excess of P2,000,000.00, excluding interest and costs, shall be deemed waived. A **permissive counterclaim** is a type of counterclaim that a defendant may file against the plaintiff, but unlike a **compulsory counterclaim**, it **does not arise from the same transaction or occurrence** that led to the plaintiff’s original lawsuit. This means the defendant’s claim is **not directly related** to the main issue of the lawsuit, but they still have the option to bring it forward in the same case. Since it’s **optional**, the defendant is **not required** to file a permissive counterclaim in the same lawsuit—they can choose to file it as a separate case instead. However, if they decide to include it in the existing case, it must comply with the applicable rules, including jurisdictional limits and the payment of necessary fees. In your example, there’s a specific rule stating that **any counterclaim exceeding P2,000,000.00 (excluding interest and costs) is considered waived**—meaning if the defendant files a permissive counterclaim within the same case, they must accept that any amount over that limit will not be recoverable. Would you like examples of how this works in practice? I’d be happy to break it down further!

Question 39

Judicial Affidavits

Answer 39

The judicial affidavits of the witnesses for the defendant should be attached to the answer. Judicial affidavits which are not attached thereto shall not be considered.

Question 40

(Effect of Failure to Answer) If the defendant failed to file the answer within the prescribed period, the plaintiff cannot file a motion to declare him or her in default since it is a prohibited motion under the rule. What is the proper remedy for the plaintiff?

Answer 40

**The proper remedy for the plaintiff is to make a manifestation that the period for the filing of the answer has already lapsed**. Upon such manifestation, the court shall render judgment as may be warranted by the facts alleged in the complaint and its attachments. Such judgment, however, must be limited to what is prayed for in the complaint and its attachments. The court may also reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. Unconscionable refers to something that is extremely unfair, unjust, or unreasonable to the point that it shocks the conscience. In legal terms, an unconscionable contract or action is one that is so one-sided or exploitative that courts may refuse to enforce it. The court, nevertheless, may render such judgment on its own initiative even in the absence of the plaintiff's manifestation.

Question 41

However, where there are two or more defendants who are being sued under the same or common cause of action and one of them filed the required answer, What will the court do?

Answer 41

where there are two or more defendants who are being sued under the same or common cause of action and one of them filed the required answer, the court shall not immediately render judgment against those who did not file an answer. Instead, it should proceed with the case on the basis of the answer filed.

Question 42

Effect of Failure to Answer

Answer 42

If the defendant failed to file the answer within the prescribed period, the plaintiff cannot file a motion to declare him or her in default since it is a prohibited motion under the rule. The proper remedy for the plaintiff is to make a manifestation that the period for the filing of the answer has already lapsed. Upon such manifestation, the court shall render judgment as may be warranted by the facts alleged in the complaint and its attachments. Such judgment, however, must be limited to what is prayed for in the complaint and its attachments. The court may also reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable. The court, nevertheless, may render such judgment on its own initiative even in the absence of the plaintiff's manifestation. However, where there are two or more defendants who are being sued under the same or common cause of action and one of them filed the required answer, the court shall not immediately render judgment against those who did not file an answer. Instead, it should proceed with the case on the basis of the answer filed.

Question 43

Reply All new matters raised in the answer are deemed controverted. The plaintiff can only file a reply to the counterclaim. The reply must be filed within -- calendar days from receipt of the answer. However, this pleading may only be filed if an actionable document is attached to the answer.

Answer 43

10 calendar days

Question 45

Preliminary Conference

Answer 45

Preliminary conference under this rule is equivalent to the pre- trial in civil cases governed by the regular rules. It should be held within 30 calendar days after the last responsive pleading is filed. Unless inconsistent with this rule, the provisions on pre-trial in ordinary civil cases shall be applicable to the cases governed herein. The notice of preliminary conference shall also include the setting for the court-annexed mediation and judicial dispute resolution. Failure to appear during the preliminary conference or at any of these settings shall be deemed as non-appearance in the preliminary conference. It bears to emphasize that the attendance of the parties in the preliminary conference is mandatory. As explained by the Supreme Court, the use of the word "shall" in the provisions makes the attendance of the parties in the preliminary conference mandatory. Non-appearance thereat is excusable only when the party offers a justifiable cause for his or her failure to attend.5 It may only be excused for acts of God, force majeure, or duly substantiated physical inability.

Question 46

Appearance by Representative

Answer 46

During the preliminary conference, a representative may appear an in behalf of a party. Such representative, however, must be fully authorized through a special power of attorney or a board resolution, as the case may be, to: 1. enter into an amicable settlement; 2. submit to alternative modes of dispute resolution; 3. enter into stipulations or admissions of facts and documents. An authority which does not include all these acts shall be ineffective and the party represented shall be deemed absent.

Question 47

Effect of Failure of Plaintiff to Appear

Answer 47

Failure on the part of the plaintiff to appear in the preliminary conference shall be cause for the dismissal of the complaint. If the defendant appears, he or she shall be entitled to the judgment on his or her counterclaim. All cross-claims, however, shall be dismissed.

Question 48

Effect of Failure of Defendant to Appear ## Footnote Mauleon vs. Porter, G.R. No. 203288, July 18, 2014.

Answer 48

If a sole defendant and/or his or her counsel failed to appear during the preliminary conference, the plaintiff shall be entitled to judgment as may be warranted by the facts alleged in the complaint and its attachments. In the same manner, such judgment shall be limited to what is prayed for in the complaint and its attachments but without prejudice to the reduction of award for damages and attorney's fees for being excessive or otherwise unconscionable. However, this rule will not apply if there are two or more defendants who are being sued under a common cause of action and had pleaded a common defense, and one of them appeared at the preliminary conference. Thus, appearance of one of these defendants during the preliminary conference will not result in allowing the court to render judgment against those who did not appear on the basis of the facts alleged in the complaint and its attachments.

Question 49

Preliminary Conference Brief

Answer 49

At least 3 calendar days prior to the scheduled preliminary conference, the parties shall file with the court a brief containing, among others, the following: a) a summary of submitted facts; b) a summary of disputed facts and proposals for stipulations on the same; c) a statement of factual and legal issues; and d) a list of testimonials, object, and other documentary evidence offered in support of the party's claims or defenses, and their markings, if any.

Question 50

Effect of Failure to Submit Brief

Answer 50

Failure to submit the preliminary conference brief within said period shall have the same sanctions as non-appearance at the preliminary conference.

Question 51

Preliminary Conference Order

Answer 51

Upon the termination of the preliminary conference and the issues having been joined, the court shall issue an order referring the parties to the mandatory court-annexed mediation and judicial dispute resolution. Again, failure to appear at the court-annexed mediation or during the judicial dispute resolution shall be deemed as non- appearance at the preliminary conference. If on the basis of the pleadings and their attachments, as well as the stipulations and admissions made by the parties, judgment may be rendered without the need of submission of position papers, the court may declare that the case is submitted for judgment in the same order. This order of the court shall not be made the subject of a motion for reconsideration, or of a petition for certiorari, prohibition, or mandamus. It may, however, be among the matters which may be raised on appeal after judgment on the merits. If the court deems that submission of position papers is still necessary, it shall require the parties in the same order the submission thereof within 10 calendar days from receipt of such order. No other judicial affidavits or evidence will be admitted even if filed with the position papers.

Question 52

Judgment

Answer 52

The court shall render judgment within the 30 calendar days from receipt by the court of the mediator's report or the JDR report stating that the parties failed to reach an amicable settlement.

Question 53

Clarificatory

Answer 53

If the court finds it necessary to clarify certain material facts, it may issue an order during that 30-calendar day period specifying such matters to be clarified and require the parties to submit additional judicial affidavits or other evidence on the same within 10 calendar days from receipt of the order. In such case, judgment shall be rendered by the court within 15 calendar days from receipt of the last clarificatory judicial affidavits, or upon the expiration of the period for their filing.

Question 54

Appeals

Answer 54

Appeals from judgments or final orders under this rule shall be made to the Regional Trial Court exercising jurisdiction over the territory. For civil cases, the appeal shall be made pursuant to the provisions of Rule 40 on ordinary appeal while appeal from judgments rendered in criminal cases shall be governed by Rule 122 of the Rules of Court. The notice of appeal must be filed, together with the proof of payment of the appeal fees, with the court which rendered the judgment within 15 calendar days from receipt of the same. The decision rendered thereon by the Regional Trial Court shall be final, executory, and unappealable.