execution

*matter of right upon expiration

of appeal period.
*appeal is the remedy fr. Denial
of motion for execution
*could either be mandatory or
discretionary
*execution pending appeal
-filed w/ court w/c rendered deci-
sion prior to expiration of appeal
period, otherwise file with
appellate court.
-may be stayed upon posting of
sufficient supersedeas bond
by adverse party.
-certiorari lie against order gran-
ting execution pending appeal if
not founded upon good reasons.
Only judgment, final orders or
resolutions may be executed
 except orders granting support
pendente lite, injunction,
receivership & accounting cases

Certiorari- correct an act performed

Prohibition-prevent commission of
or carrying out of an act.
Mandamus - compel preformance of
an act.
Rules on Summary Procedure- CIVIL PROCEDURE
Exclusive Jurisdiction: Metropolitan TC, Mun. CTC, Mun. TC, Mun. TCC

complaint summons answer Preliminary

*all cases of forcible entry & unlawful
detainer & all other civil case except
probate proceedings where claim does
not exceed P10,000.
*only pleadings allowed are complaint,
compulsory counterclaims & cross-claims
pleaded in the answer, & the answers thereto
*all pleadings shall be verified.
* certification to file action from bgy. Is a requirement
failure of which may led to dismisssal of case
*issued after the court determines
that the case falls under summary
procedure & no ground for dismis-
sal is found.
*w/in 10 days from service of
summons; serve copy to
plaintiff; affirmative & negative
defenses not pleaded shall be
deemed waived; crossclaims
& counterclaims not asserted
is barred.
*answer to counterclaims &
crossclaims shall be filed w/in
10 days fr. Service of answer.
Conference
*failure to answer the *not later than 30 days after
w/in the period provide last answer is filed
court, motu proprio, or *failure of plaintiff to appear
tion of plaintiff, shall r shall be a cause for the dis-
judgment on the basis missal of his complaint & the
facts alleged & limited defendant who appears shall
what is prayed for; the be entitled to judgment on his
may reduce the amt. Ofcounterclaim; all crossclaims
mages & attorney's feeshall be dismissed.
claimed for being exce *failure of sole defendant to
or unconscionable. appear, the plaintiff shall be
entitled to judgment.

Pre-trial Submission of affida- Judgment Appeal

order vits & other evidence
*w/in 5 days after termination *w/in 10 days from receipt of
of preliminary conference, the the order;
court shall issue order: *affidavits of their witnesses
a. whether parties have arrived & other evidence on factual
at an amicable settlement; issues;
b. stipulations & admissions *position papers setting forth
entered by parties; the law & facts relied upon.
c. whether on the basis of the
foregoing, judgment may be Prohibited pleadings & motions:
rendered w/o need of further a) Motion to dismiss or to quash
proceeding & judgment shall b) Motion for bill of particulars
be rendered w/in 30 days fr. c) Motion for new trial, or reconsideration
issuance of order; d) Petition for relief from judgment
d. clear specification of facts e) Motion for extension of time to file
w/c remain controverted; pleadings affidavits or any other papers
e. such other matters intended f) Memoranda
to expedite disposition of case. g) Petition for certiorari, mandamus, or
prohibition against any interlocutory order
issued by the court
*w/in 10 days after receipt of *appealable to appropriate
the last affidavits & position regional trial court;
papers, or the expiration of the *w/in 15 days after notice to
period for filing the same; the appellant of judgment;
*should there be a need to cla- *appeal is taken by filing a
rify certain material facts, require notice of appeal w/ the court
parties to submit affidavits & that rendered the judgment;
other evidences w/in 10 days *in cases of multiple or sepa-
fr. Receipt of order; judgment rate appeals, a record on
shall be rendered w/in 15 days appeal shall be required by
fr. Receipt of last clarificatory filing a notice of appeal & a
affidavits or the expiration of the record on appeal w/in 30 days
period for filing the same; after notice of judgment.
*the Decision of the RTC in
h) Motion to declare defendant in default civil case governed by the
i) Dilatory motions for postponement rules on summary procedure
j) Reply including forcible entry & un-
k) Third party complaints lawful detainer shall be imme-
l) Interventions diately executory.
DEFAULT REMEDIES - By: ATTY. JAPHET T. MASCULINO
complaint summons failure to file answer answer pre-trial
15 days fr. Service

motion to declare
defendant in default
with notice to defen-
ding party & proof
of failure of such

if granted if denied

court issues
order of
default
motion to set aside order * to be filed after notice
of default based on FAME of default but before
& meritorious defenses judgment

court to render or court may

judgment order recep-
based on the tion of evidence
complaint

judgment by
default
file motion for new -before judgment becomes
trial, Sec. 1(a), R37) final & executory

post judgment appeal judgment as -w/in 15 days fr. Notice of

remedies contrary to law or evi- judgment; where a record of
dence, Sec. 2, R41 appeal is rqd., w/in 30 days.

execution file petition for certiorari, -for grave abuse of discretion,

prohibition & mandamus in excess or lack of
under R65 jurisdiction w/in 60 days
fr. Notice of judgment

Petition for relief under after judgment becomes

Sec. 2, R38 final & executory w/in 60 days
fr. Knowledge or 6 months
fr. Entry of judgment.
Mun. TCC

Counter-affidavit

*w/in 10 days from receipt of

order of the court accompanied
by copies of all the affidavits
submitted by the complainant
*failure on the part of the defendant
to appear when required shall
cause the issuance of a warrant
for his arrest if probable cause
exists & after an exam. In writing
& under oath of the complainant
& his witnesses
*includes affidavits of his witnesses
 A Pre-trial
Rights of Accused:
1. Presumed innocent until con-
trary is proved.
2. To be informed of the nature
of accusation against him.
3. To be present & defend in per-
son & by counsel.
4. To testify as witness in his own
behalf but subj. to cross-exam.
5. To be exempt fr. Being com-
pelled to be a witness against
himself.
6. To confront & cross-examine
witnesses against him.
7. Have speedy,impartial,public trial
*mandatory in all criminal case
*the court shall after arraignment
& w/in 30 days fr. Date the court
acquires jurisdiction over the
person of the accused.
*Purposes:
-plea bargaining
-stipulationof facts
-marking for identification of
evidence
-waiver of objections to admissi-
bility of evidence
-modification of the order of trial
-such matters as will promote
fair & expeditious trial
8. To appeal in all cases allowed.
*all agreements or admissions
made or entered during the pre-
trial conference shall be reduced
in writing & signed by the accused
& counsel, otherwise they cannot
be used against the accused.
*proper sanctions for the non-
appearance of counsel for the
accused or the prosecutor.
*issuance of the pre-trial order
reciting actions taken w/c shall
be binding upon the parties.