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Summary Procedure in Civil Cases

Filing of verified complaint

with the MTC

Court may summonthe defendant

Court may dismissthe case outright

Within 10 days from receipt of

summons defendant answersincorporating compulsorycounterclaims or crossclaimand serves a copy on plaintiff

If defendant fails to answerin 10 days- the court motu

propior on plaintiffs ownmotion, may renderjudgment based on factsalleged in the complaintwithout prejudice to Rule 9Section 3(c)

Answer to counterclaim orcrossclaim within 10 days

Preliminary conferencewithin 30 days after lastanswer is filed

If the plaintiff fails to appear in

preliminary conference, complaintmay be dismissed. Defendant entitle todecision based on his counterclaim. Allcrossclaim dismissed

If sole defendant fails to appear,plaintiff entitled to judgment based oncomplaint and what is proved therein

Within 5 days afterconference, court issuesrecord of preliminaryconference

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Within 10 days fromreceipt of ordersubmission by the partiesof affidavits and positionpapers

Rendition of judgment

within 30 days fromreceipt of last affidavit orwithin 15 days after lastclarification paper

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