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SUMMARY PROCEDURE SMALL CLAIMS

Effect of Failure to The court , motu propio or on 1. If the DEFENDANT:


ANSWER/RESPONSE motion of the plaintiff, shall render i. fails to file his Response within
judgment the required period; AND
ii. also fails to appear at the date of
the set for hearing, the court shall
render judgment on the SAME
DAY.
*Both requisites must be present
2. If the DEFENDANT fails to file his
Response within the required
period BUT he appears at the date
set for hearing, the court shall
ascertain what defense he has to
offer and proceed to hear, mediate
or adjudicate the case on the SAME
DAY as if a Response has been
filed.
Effect of Failure to APPEAR 1. The failure to appear of the 1. The failure of the PLAINTIFF to
PLAINTIFF in the Preliminary appear at the hearing shall be a
Conference (PC) shall be a cause cause for the dismissal of the claim
for dismissal of his complaint. without prejudice. The DEFENDANT
2. If the DEFENDANT appears in the who appears shall be entitled to
PC and the PLAINTIFF does not, the judgment to his Permissive
DEFENDANT shall be entitled to Counterclaim (not compulsory
judgment on his counterclaim (the counterclaim)
court, motu propio or on motion, 2. Failure of the DEFENDANT to
shall render judgment). appear shall have the same effect
3. If there is only one DEFENDANT as a failure to file a Response (see
and he fails to appear in the PC, it no. 1 above). This rule shall not
shall cause the PLAINTIFF to be apply when other DEFENDANTS
entitled to judgment (the court, who are sued under a common
motu propio or on motion, shall cause of action and have pleaded a
render judgment). common defense appear at the
4. Judgment shall not be rendered hearing.
where one of two or more 3. Failure of BOTH PARTIES to
DEFENDANTS who are sued under appear shall cause the dismissal
a common cause of action and who With Prejudice of both the claim
have pleaded a common defense and counterclaim.
shall appear at the PC.
Rendition of Judgment/Decision Within 30 days after receipt of the After the hearing, the court shall
last affidavits and position papers render its decision on the same
OR the expiration of the period for day.
filing the same, the court shall
render judgment.