SUMMARY PROCEDURE
Effect of Failure to
ANSWER/RESPONSE
Effect of Failure to APPEAR
Rendition of Judgment/Decision
SMALL CLAIMS
The court , motu propio or on
motion of the plaintiff, shall render
judgment
1. The failure to appear of the
PLAINTIFF in the Preliminary
Conference (PC) shall be a cause
for dismissal of his complaint.
2. If the DEFENDANT appears in the
PC and the PLAINTIFF does not, the
DEFENDANT shall be entitled to
judgment on his counterclaim (the
court, motu propio or on motion,
shall render judgment).
3. If there is only one DEFENDANT
and he fails to appear in the PC, it
shall cause the PLAINTIFF to be
entitled to judgment (the court,
motu propio or on motion, shall
render judgment).
4. Judgment shall not be rendered
where one of two or more
DEFENDANTS who are sued under
a common cause of action and who
have pleaded a common defense
shall appear at the PC.
Within 30 days after receipt of the
last affidavits and position papers
OR the expiration of the period for
filing the same, the court shall
render judgment.
1. If the DEFENDANT:
i. fails to file his Response within
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.
1. The failure of the PLAINTIFF to
appear at the hearing shall be a
cause for the dismissal of the claim
without prejudice. The DEFENDANT
who appears shall be entitled to
judgment to his Permissive
Counterclaim (not compulsory
counterclaim)
2. Failure of the DEFENDANT to
appear shall have the same effect
as a failure to file a Response (see
no. 1 above). This rule shall not
apply when other DEFENDANTS
who are sued under a common
cause of action and have pleaded a
common defense appear at the
hearing.
3. Failure of BOTH PARTIES to
appear shall cause the dismissal
With Prejudice of both the claim
and counterclaim.
After the hearing, the court shall
render its decision on the same
day.