Civil Procedure

Provisional Remedies
SUMMARY PROCEDURE
Q: Complaint for damages (P195K) before MTC. Plaintiff won. Defendant filed MR
(grounds: excessive damages, decision contrary to law, insufficient evidence.) RTC
denied MR. is the trial court correct?
ANS: yes! Theres no MR and MNT in summary procedure (amount is
P195k. It does not exceed 200k)
Same if UNLAWFUL DETAINER is the case.
Another Example:
In an action for Forcible Entry the defendant did not file an answer.
-

In Summary Procedure, the plaintiff cannot move that the court declare
the defendant in default. ( PROHIBITED PLEADING)
IN WHICH CASE, the court may motu propio render judgment or file a
motion to render judgment, not motion to declare the defendant in
default.

Theres no MTD on the ground of Improper Venue on Unlawful Detainer case (REAL
ACTION)
Venue: location of the property

There are only 2 grounds to dismiss in Summary Proceedings

o Lack of jurisdiction over the person
o Failure to comply with the condition precedent prescribed by law.
Use the ground of improper venue as an affirmative defense in your
answer

Theirs is no certiorari

During the course of the proceedings the judge acted with grave abuse of
discretion amounting to lack of jurisdiction.
MR DENIED.
Use of the ground grave abuse of discretion amounting to lack jurisdiction.
Use as assignment of errors
Theres no petition for prohibition, madamus and certiorari
LANDMARK CASES (GO v CA)
o Judge here kept on postponing the proceedings ( SC HERE suspended
the prohibition on certiorari) only in this case pro hac vice ( only on
that event)
*the court does not have to wait for an MTD.

Courts duty:

Determine if the case falls under summary procedure. If it does it can dismiss
the case based on any of the grounds for MTD without waiting for a motion to
dismiss.

NEYPES CASE:
Application : Rule 40- 45

Appeal is not part of Bill Rights

An appeal is only a statutory right
What is the subject matter of an appeal
Basic rule (rule 41)
Are all judgments or final orders could be appealed from- NO! only those which
completely disposes of the case. Example: several /separate judgments. Cases with
many third party complaint. Only third party complaint is dismissed. Theres still
main case