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Civil Procedure in PH, Lecture notes of Law

The content of this document includes Civil Procedure

Typology: Lecture notes

2023/2024

Available from 06/30/2025

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Comparison:
Revised Rules on Summary Procedure
vs.
Procedure for Small Claims Cases
I. Purpose
Summary Procedure Small Claims
To provide a speedy and inexpensive
disposition of cases that are defined to be
included in the cases for Summary
procedure
To provide a speedier and inexpensive
disposition of money claims of small
amounts
II. Where Filed
Summary Procedure Small Claims
1. Metropolitan Trial Courts
2. Municipal Trial Courts in Cities
3. Municipal Trial Courts
4. Municipal Circuit Trial Courts
1. Metropolitan Trial Courts
2. Municipal Trial Courts in Cities
3. Municipal Trial Courts
4. Municipal Circuit Trial Courts
III. Cases Covered
Summary Procedure Small Claims
1. All cases of forcible entry and unlawful
detainer irrespective of the amount of
damages or unpaid rentals sought to be
recovered.
2. All other civil cases, except probate
proceedings, where the total amount of
plaintiff’s claim does not exceed P100,000
or does not exceed P200,000 in Metro
Manila, exclusive of interests and costs
Criminal cases:
1. Violations of traffic laws, rules and
regulations, rental law; municipal or city
ordinances, B.P. 22
5. All other criminal cases where the
penalty is imprisonment not exceeding 6
months and/or a fine of P 1,000
irrespective of other penalties or civil
liabilities arising therefrom; and
6. Offenses involving damage to property
through criminal negligence where the
imposable fine is not exceeding P10,000.
Small claims cases/civil claims which are
exclusively for the payment of a sum of
money not exceeding P100,000 exclusive
of interest and costs, either
1. civil claims where the relief prayed for
by the plaintiff is solely for payment or
reimbursement of sum of money, or
2. The civil aspect of criminal actions,
either filed before the institution of the
criminal action, or reserved upon the filing
of the criminal action in court, pursuant to
Rule 111 of the Revised Rules of Criminal
Procedure.
These claims or demands may be:
1. For money owed under contracts of
Lease, Loan, Services, Sale, Mortgage
2. For damages arising from Fault or
negligence, Quasi-contract, Contract
3. The enforcement of a barangay
amicable settlement or an arbitration
award involving a money claim covered
by Section 417 of this Rule
IV. Prohibited Cases
Summary Procedure Small Claims
Will not apply to a civil case where the
plaintiff's cause of action is pleaded in the
same complaint with another cause of
action subject to the ordinary procedure;
nor to a criminal case where the offense
charged is necessarily related to another
criminal case subject to the ordinary
procedure.
1. Criminal actions are excluded such as
cases for libel and slander which grant the
accused the right to be heard and present
evidence. However, the civil aspect of a
claim for damages may be heard as a small
claim if reserved or instituted separately
prior to the filing of the criminal case.
2. civil cases which cannot be filed as
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Comparison: Revised Rules on Summary Procedure vs. Procedure for Small Claims Cases

I. Purpose Summary Procedure Small Claims To provide a speedy and inexpensive disposition of cases that are defined to be included in the cases for Summary procedure

To provide a speedier and inexpensive disposition of money claims of small amounts

II. Where Filed

Summary Procedure Small Claims

  1. Metropolitan Trial Courts
  2. Municipal Trial Courts in Cities
  3. Municipal Trial Courts
  4. Municipal Circuit Trial Courts
    1. Metropolitan Trial Courts
    2. Municipal Trial Courts in Cities
    3. Municipal Trial Courts
    4. Municipal Circuit Trial Courts

III. Cases Covered Summary Procedure Small Claims

  1. All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid rentals sought to be recovered.
  2. All other civil cases, except probate proceedings, where the total amount of plaintiff’s claim does not exceed P100, or does not exceed P200,000 in Metro Manila, exclusive of interests and costs Criminal cases:
  3. Violations of traffic laws, rules and regulations, rental law; municipal or city ordinances, B.P. 22
  4. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or a fine of P 1, irrespective of other penalties or civil liabilities arising therefrom; and
  5. Offenses involving damage to property through criminal negligence where the imposable fine is not exceeding P10,000.

Small claims cases/civil claims which are exclusively for the payment of a sum of money not exceeding P100,000 exclusive of interest and costs, either

  1. civil claims where the relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, or
  2. The civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure. These claims or demands may be:
  3. For money owed under contracts of Lease, Loan, Services, Sale, Mortgage
  4. For damages arising from Fault or negligence, Quasi-contract, Contract
  5. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by Section 417 of this Rule

IV. Prohibited Cases

Summary Procedure Small Claims Will not apply to a civil case where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary procedure.

  1. Criminal actions are excluded such as cases for libel and slander which grant the accused the right to be heard and present evidence. However, the civil aspect of a claim for damages may be heard as a small claim if reserved or instituted separately prior to the filing of the criminal case.
  2. civil cases which cannot be filed as

small claims regardless of amount