The only pleadings allowed

are the complaint, compulsory

counterclaim and cross-claims,
and the answers.
COMPLAINT
1. The plaintiff files the com- Effects of failure to file an
plaint with the Metropolitan or FORCIBLE ENTRY,
UNLAWFUL answer, or to appear during
MunicipalTrial Court, and pays DETAINER;
the preliminary conference
ALL CIVIL CASES,
the filing fees with the office of (EXCEPT PROBATE
the clerk of court. CASES) WHERE TOTAL
AMOUNT OF CLAIM IS
A. If the defendant fails to an-
2. The court may either dismiss BELOW PHP 200,000. swer within ten days of receipt
the case outright, or summon of the summons, the court on
the defendant. its own motion, or on plaintiff’s
3. Within ten days from service motion, may render a judgment
of the summons, the defendant 5. Within five days after the based on the facts alleged in the
must file his answer and serve termination of the conference, complaint (damages and attor-
a copy on the plaintiff. the court issues the order of ney’s fees may be reduced).
record of the preliminary con- B. The complaint may be dis-
ference. missed if the plaintiff fails to
Mediation 6. Within ten days appear during the conference.
applicable to from receipt of the Defendant is entitled to judg-
cases under court’s order, the ment on his counterclaim (all
Summary cross-claims are dismissed).
parties (and their wit-
Procedure.
nesses) must submit C. If the defendant fails to ap-
their affidavits and po- pear, then the plaintiff is en-
sition papers. titled to a judgment based on
7. The court renders its the complaint and the prayers
judgment within thirty or reliefs asked for.
days after receipt of
4. Not later than thirty days after the last affidavits
the last answer is filed, and position pa-
the parties hold a preli- pers, or within fif-
minary conference (the teen days after the
parties must appear per- receipt of the clari-
sonally or give a special ficatory affidavits
power of attorney to their (or the expiration of Execution of
representatives). the period for their filing). the judgment
Designed by Atty. Gerry T. Galacio© www.famli.blogspot.com All rights reserved • 51