40, 41, 42, 43, 44, 45, 50 + Small Claims & Sum Pro

Question 1

BLOCK 402

Answer 1

BLOCK 402

Question 2

What is the rule on appeal re: MTC Cadastral Cases

LB

Answer 2

Generally, an appeal from a judgement or final order of the MTC may be taken to the RTC exercising JD over the area to which the former pertains

The Exception, the MTC is granted delegated JD in Cadastral & Land Registration cases such that its decision is appealable in the same manner as decisions of the RTC [hence] the appeal shall be taken to the CA

LB: BP 129 Sec. (34)

Question 3

Enumerate those not subject to appeal [and] their other modes/remedies (mandamus, prohibition, etc.)

DONT MIND THSI GPT CARD SA

Answer 3

1. Interlocutory Orders
   - Certiorari R65
2. Denial of MR/NT
   - Certiorari R65
3. Denial of Petition for Relief
   - Certiorari R65
4. Orders of Execution
   - Certiorari R65
5. Orders Disallowing/Dismissing Appeal
   - Certiorari R65
6. Orders Denying Injunction
   - Certiorari R65
7. Orders in Summary Proceedings
   - Certiorari R65, Prohibition, or Mandamus

Question 4

Knowledge check: what falls under the JD of MTC on recovery of ownership of real property amounting to

• 300k
  -1M

Answer 4

MTC has JD over these money claims governed by __

LB?

This isnt money claim its a Real Action
A.M.-08-8-7-SC - Money Claims Not Exceeding 1,000,000.00

Question 5

What are the Cases that fall under Small Claims?

Answer 5

[A] Money owed under any of the ff:
- C. of Lease
- C. of Loan
- C. of Service
- C. of Sale
- C. of Mortgage

[B] Damages arising from any of the ff:
- Faut or Negligence
- Quasi-contract; or
- Contract

[C] Enforcement of Brgy. Amicable Settlement [or] an Arbitration Award involving a money claim (less than P1M) provided that ni execution has been enforced by the brgy within 6 months from the date of settlement or date of receipt of award or from the date of obligation stipulated or adjudged in the arbitration award becomes due and demandable [apple]

LB: Sec. (4) A.M. 08-8-7-SC

Question 6

R40 S1

Answer 6

An appeal from a judgment [or] final order of a MTC may be taken to the RTC exercising JD over the area to which the former pertains.

The title of the case shall remain as it was in the court of origin, but the party appealing the case shall be further referred to as the appellant and the adverse party appellee

Question 7

R40 S2

Answer 7

An appeal may be taken w/in 15 days [after] notice to the appellant of the judgment or final order appealed from (want to challenge thru appeal)

Where a record on appeal is required, the appellant shall file a noticed of appeal [and] a record on appeal within 30 days [after] notice of judgment or final order

Question 8

R40 S3

Answer 8

The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The NoA shall indicate:
1. the parties to the appeal
2. the judgment or final order or part thereof appealed from, and
3. state the material dates showing the timeliness of the appeal

(par. 2)
a RoA shall be required [only] in special proceedings [and] in other cases of multiple or separate appeals

(par. 3)
The form [and] contents of the RoA shall be as provided in Sec. 6 R41

(par. 4)
Copies of NoA [and] RoA where required, shall be served on the adverse party

Question 9

R40 S4

add the provision in sec 9 rile 41

Answer 9

The perfection of the appeal [and] effect shall be governed by the provisions of Sec. 9 Rule 41

Question 10

R40 S5

onclude the section subtitle sa answer

Answer 10

W/in the period of taking an appeal, the appellant shall pay to the CoC which rendered the judgment or final order appealed from the [full] amount of the appellate court docket [and] other lawful fees.

Proof of payment thereof shall be transmitted to the appellate court together with the original record [or] record on appeal

Question 11

R40 S6

Answer 11

W/in (15) days from the perfection of the appeal, the CoC [or] Br. CoC of the lower court transmit:

• the original record [or] RoA
• tog. w/ the transcripts [and] exhibits
• which he shall certify as complete,

to the proper RTC.

A COPY of his letter of transmittal of the records to the appellate court shall be furnished the [parties]

Question 12

R40 S7

Answer 12

[par. A]
Upon receipt of the complete record [or] RoA, the CoC of the RTC shall notify the parties of such fact.

[par. B]
W/in 15 days from such notice, it shall be the duty of the appellant to submit a MEMORANDUM which shall briefly discuss the errors imputed to the lower court, a copy of which shall be furnished by him to the adverse party.

W/in 15 days from receipt of the appellant’s memorandum, the appellee may file his memorandum

• Failure of the appellant to file a memorandum shall be a ground for dismissal of the appeal

[par. C]
Upon filing of the memorandum of the appellee, [or] the expiration of the period to do so, the case shall be submitted for DECISION.

the RTC shall decide the case in the basis of the entire record of the proceedings had in the court of origin [and] such memoranda as are filed

Question 13

R40 S8

Answer 13

Appeal from orders dismissing case without trial; lack of JD

— If an appeal is taken from an order of the LOWER court dismissing the case W/O a trial on the merits, the RTC [may] affirm {or} reverse it. as the case may be.

In case of AFFIRMANCE [and] ground is lack of JD over SM, the RTC, if it has JD thereover, shall try the case on the merits [AS IF] the case was originally filed with it.

In case of REVERSAL, the case shall be remanded for further proceedings

IF THE CASE WAS TRIED on the merits by the lower court w/o JD over the SM, the RTC on appeal shall NOT dismiss the case IF IT HAS original JD thereof, but shall decide the case in accordance with the preceding section, [without prejudice] to the ADMISSION OF:

• amended pleadings (and)
• additional evidence in the interest of justice.

Question 14

R40 S9

Answer 14

Applicability of Rule 41
— The other provisions of Rule 41 shall apply to appeals provided herein insofar as they are not inconsistent with [or] may serve to supplement the provisions of this Rule.

Question 15

Filed in MTC > dismissed > filed in RTC under R65 > denied > raised pure questions of LAW

What would be next course of action?

Answer 15

If the case involves pure questions of law after the denial of the petition under Rule 65 in the RTC, the next proper course of action would be to file a Petition for Review on Certiorari under Rule 45SC

Rule 45 is specifically for cases involving pure questions of law, which means no factual issues are involved, and the issue concerns the correct interpretation or application of law.

Question 16

focus also on the dismissal without prejudice exception to the rule: no jurisdiction over the subject matter under rule 40 section 8

deyeet this

Question 17

What if the money claim is 1,500,000.00?

check on the RA 11576 of 1,000,001-2M is governed now by simmaey procedure

Answer 17

The JD falls under the first-level courts, but will no longer be governed by small claims proceedings outlined in AM-08-8-7-SC but on the Revised Rules on Summary Procedure

RA 11576 - 2,000,000.00 (JD amount cognizable by 1st level courts for civil actions monetary claims)

Question 18

R40 Sections:

1 -
2 -
3 -
4 -
5 -
6 -
7 -
8 -
9 -

Answer 18

1 - Where to A
2 - When to A
3 - How to A
4 - Perfection of A; effect thereof
5 - Appellate court docket and other lawful fees
6 - Duty of clerk of court
7 - procedure in RTC
8 - appeal from orders dismissing case w/o trial; lack of JD
9 -applicability of Rule 41

Question 19

Insofar as Real Property is concerned, which court has JD over real property valued at

• 400k >
• < 400k

LB

Answer 19

BP 129

RTC — 400k> Sec. 19(2)
MTC — <400k Sec. 33(3)

Question 20

Filed in MTC > dismissed > Filed RTC under R65 > denied > raising pure questions of LAW

next course of action?

Answer 20

Here, the decision of the Regional Trial Court in the exercise of its appellate jurisdiction is appealed to the Court of Appeals by filing a petition for review under r45, not just by a mere notice of appeal or a record on appeal, [on questions of fact, or even purely of law, or mixed questions of fact and law]

Conversely, even if decision rendered by the Regional Trial Court in the exercise of its appellate jurisdiction is to be reviewed on pure question of law, the remedy is petition for review with the Court of Appeals under Rule 42 of the Rules of Court, not petition for review on certiorari with the Supreme Court under Rule 45, as this later remedy, as applied to decision of the Regional Trial Court, is only applicable where what is to reviewed on pure question of law is a decision rendered by the Regional Trial Court in the exercise of its original jurisdiction (Almendras vs. South Davao Dev’t. Corp., Inc., G.R. No. 198209, March 22, 2017);

Question 21

Filed in MTC > dismissed > Filed RTC petition under R65 > denied > raising pure questions of FACT

what is the correct course of action?

this situation means RTC dismissed a wrong appeal(?)

Answer 21

The RTC, exercising its appellate JD is appealed to the CA by filing a petition for review under Rule 42 involving question of act, [or] even purely of law [or] mixed question of fact & law

Question 22

In what cases is the right to appeal demandable as a matter of right / where Congress cannot take away the remedy of appeal?

Answer 22

1. Sec. 5, par. 2(d) Article VIII of the 1987 Constitution
   - All criminal cases in which the penalty imposed is RP or higher (PP v. Mateo)
2. Sec. 5 par. 2(e)
   - All cases in which ONLY an error [or] ONLY a question of law is involved

Question 23

Why is judgment by compromise NOT appealable?

Answer 23

It is immediately executory

Question 24

An action for recovery of a real property with an assessed value of 1M was filed in the MTC. The defendant sought the dismissal of the case of lack of JD

a. Does MTC have JD?
b. What is the threshold (assessed value) for real actions
c. Is the dismissal without prejudice
d. Can the dismissal without prejudice on the ground of lack of JD be appealed?

Answer 24

1. No
2. <400k for real actions to be cognizable in the MTC
3. Yes bc the dismissal on the ground trial court has no JD over SM is one without prejudice as the party can file it in the proper court which is why it is NOT appealable
4. Yes (R40 S8[?]), upon appeal from the MTC w/o trial , RTC may [affirm or reverse] the order of dismissal
   - [AFFIRMED] - RTC may take over the case if it has JD over it
   - [REVERSED] - Case remanded to MTC

Question 25

A real action where property's assessed value is 1M was filed in the MTC > d - does MTC have no JD? - MTC dismiss case on ground of lack of JD, can dismissal be appealed?

Answer 25

1. No JD 2. Yes, R40 S8

Question 26

Real Action > 300k > RTC > RTC have JD? - If case dismissed for lack of JD, can this be appealed in the CA? - What is the proper remedy if any?

Answer 26

1. No 2. NO, Sec. 8 R40 only applied to cases filed **originally** with the MTC. 3. Proper remedy is to **refile** the real action in the proper court; MTC

Question 27

Real Action > 1M > MTC > Dismissed > Lack of JD over SM > Plaintiff Appealed RTC - How would you Rule, RTC? - RTC renders decision > remedy of aggrieved party?

Answer 27

Affirm the dismissal of the case, try the case as if it was originally filed therein. - **Ordinary Appeal, Rule 41 because the RTC is exercising its **Original JD**

Question 28

Real Action > 1M > MTC > Rendered Judgment (presupposes trial) > Appealed to RTC - How would you rule, RTC? - RTC renders decision > Remedy of Agrvd?

Answer 28

Do not dismiss the case. > Assume JD over the case as if the case was **originally** filed with it. > Review the **evidence on record** w/o need for conducting *trial de novo* > without prejudice to admission of: - **amended pleadings**, and - **additional evidence** in the interest of justice - **Ordinary Appeal**, R41 as the RTC was exercising **original JD**

Question 29

Real Action > 300k > MTC > (no trial) Dismissed on ground of lack of JD > Appealed to RTC How will you rule, RTC? What is the remedy for the Agrvd? Why is such the remedy?

Answer 29

1. Reverse dismissal & **remand** to the MTC 2. **Certiorari** & **Injunctive Relief** R65 requires: - no other [*psa*] plain, speedy, adequate remedy - **grave abuse of discretion** amounting to **lack of JD** [or] **excess of JD** 3. - Appeal of an interlocutory order is prohibited *(bc any order it would be impractical to appeal several orders which explains why an appeal is done on the judgment or final order to assail them all at once)* -

Question 30

Real Action > 200k > MTC rendered Judgment > Remedy of Agrvd?

Answer 30

- **Ordinary Appeal** R40 - **MR** (R37)

Question 31

Real Action > 200k > MTC rendered Judgment > Remedy of Agrvd? [cont.] - Is the filing of an MR a condition *sine qua non* (essential) before appeal may be had? - where to file notice of appeal?

Answer 31

1. No 2. MTC which is the **court of origin**

Question 32

knowledge check: which court has JD over an **Ejectment Case** with a property valued at: - 2.5M - 250K

Answer 32

Ejectment Case regardless of assessed property involved [and] amount of rentals demanded falls under the **exclusive JD** of the MTC

Question 33

Ejectment Case > MTC rendered decision - Remedy of Agrvd - Is MR a remedy?

Answer 33

- **Notice of Appeal** (R40) - NO ejectment.case falls under the **Rules of Summary Procedure** where MR is prohibited

Question 34

Real Action > 200k > MTC rendered judgment > Appeal to RTC > decision affirmed *in toto* (in total) of the MTC - Remedy of agrvd? - Where to file such remedy? - If questions raised on appeal are **pure questions of LAW**, what is proper remedy?

Answer 34

1. **Petition for Review** (R42) 2. **CA** (i thot in RTC still but as the name suggests, it is asking for review so it should be to the higher court) 3. **Petition for review** (R42) and NOT ~appeal by certiorari (r45)~ because the latter requires the RTC to exercise it's **OG JD** (insofar as pure questions of **law** is concerned**

Question 35

Ejectment > MTC > Appealed to RTC > RTC renders decision can you appeal?

Answer 35

final and executory na ang decision by RTC OCA 69-2022

Question 36

Real Action > 300k > Agrvd Party received copy of adverse Ruling on Aug. 1 (assume work day) - When will be the last day of the period to appeal? - What if an MR was filed on Aug 10 & denial of MR was on Aug 16, when is last day to file a notice of appeal?

Answer 36

- Aug. 16 (assume work day) - Aug. 31 (Fresh period rule)

Question 37

BLOCK 401 QUESTIONS

Answer 37

BLOCK 401 QUESTIONS

Question 38

APPEAL BY CERTIORARI (R45) v. CERTIORARI (R65) period - [*pppprddss*]

Answer 38

[PARTIES] 45 - **OG** parties w/ petitioner as appellant and respondent as the adverse **w/o impleading lower court or judge** 65 - tribunal, board, officer, judicial or quasi-judicial function is **impleaded as PRIMARY respondent** [with] **adverse party in the lower court** as **PRIVATE respondent** - [*tboq.j*] - 'tibuok jd' [PROCESS] 45 - **continuation** of appellate process over original case 65 - **original action** & not a mode of appeal [PLACE] 45 - SC 65 - SC, CA, SB, RTC (observing Hierarchy of Courts) [PERIOD ] 45 - (15) from **notice of jdgmnt/ordr appealed from** [or] **denial of MR/NT** 65 - not later than (60) days [RAISES] 45 - only questions of **LAW** 65 - question of **JD** [DIRECTED Against] 45 - **review** final jdgmnt/orders 65 - directed against **interlocutory orders** [or] where no appeal or plain, speedy, inadequate remedy is available [Denial] 45 - [SC] *motu propio* deny on the ground that appeal is: - without merit - prosecuted manifestly for delay - question raised is unsubstantial to require consideration 65 - [court**s**] same grounds as 45 + - **award respondent treble costs** solidarily against petitioner & counsel - **ADMINISTRATIVE sanctions** to counsel - court**s** may impose *motu propio* based on *res ipsa loquitur* **DISCIPLINARY sanctions** [*Sine Qua Non*] (Condition Precedent) 45 - NOT require MR 65 - REQUIRED MR (w/ exc.) [Staying] 45 - stays the judgment appeal from 65 - does NOT stay **unless** enjoined/restrained

Question 39

Why Rule 45 cannot be availed of in Criminal Cases? Why must it go thru CA?

Answer 39

[A] - Rule 45 involves question of **LAW** in civil and special civil cases - whereas Criminal Cases are questions of **FACT** [B] - JD of CA (BP 129 (Sec. 9)) - CA functions as a **fact-finding court** whereas the SC is not a trier of facts - Doctrine of Hierarchy of Courts

Question 40

MTC > recovery of parcel of land > Not Exceeding 400k > appealed > RTC renders judgment Agrvd Party's Remedy?

Answer 40

**Notice of Appeal** (R40)

Question 41

If you want to appeal from *quasi-judicial bodies*, what ode of appeal do you use? Scenario: Civil Service Commission prohibits those who failed the CSC exam by a circular

Answer 41

File a **Petition for Review** (R43 Sec. 5 in rel't to Sec. 1)

Question 42

How would you characterize the NLRC?

Answer 42

NLRC functions as a quasi-judicial agency but the proper remedy is R65 as R43 prohibits decisions from the DOLE or NLRC such that NLRC's decisions can be appealed through a **petition for review** with the CA under R43, similar to other *quasi-judicial bodies listed*

Question 43

can you file MR with the Labor Arbiter? Can you file an MR from the decision of the NLRC, affirming the decision of the LA

Answer 43

[A] No, the proper remedy is to file a **Notice of appeal to the NLRC** [B] No, the proper remedy is to file a **petition for review** under Rule 43

Question 44

RTC appeal pure question of law course of action?

Answer 44

1st answer [WRONG]Petition for Review under Rule 42 as the RTC is exercising its **appellate JD** tip: since its pure LAW, remember SC is not a trier of facts [CORRECT ANSWER] **Petition for Review on Certiorari** under R45 as it deals with pure question of **LAW** of the RTC acting in its **appellate JD**

Question 45

May you avail of Rule 45 if you are attacking a mere MR?

Answer 45

NO, sec. 1 of the same provides that is directed against a judgment, final order or resolution of the CA, SB, CTA, RTC or other courts Further, an MR is NOT a final judgment or order but an interlocutory order.

Question 46

MTC dismiss case > MR denied (presupposing trial) > appeal to RTC. what rule is this ?

Answer 46

Rule 41. Rule 40, altho speakng of MTC-RTC appeal, R40 governs appeals when MTC dismisses a cases: 1. **without prejudice (no JD) [or] had trial but had no JD over SM 2. **before reaching full trial** Rule 41 applies when MTC has rendered decision w/ JD

Question 47

Assuming a case is decided against you, you go to the CA. what rule does this fall?

Answer 47

It depends if **OG JD** of the RTC - R41 filing a **Notice of Appeal** if **appellate JD** - R42 filing a **petition for review**

Question 48

Are there cases decided by the MTC which can be appealed directly to the CA, thereby bypassing the hierarchy of courts?

Answer 48

Yes, certain cases decided by the MTC, such as cadastral and land registration cases where the MTC has delegated jurisdiction (under Section 34 of BP 129), can be appealed directly to the CA, bypassing the RTC. When appealing, the correct procedure is to file a **Petition for Review under Rule 42** because the MTC is deemed to have exercised jurisdiction to that of the RTC in these cases.

Question 49

Are there cases which have been decided by the MTC which cannot be appealed to the RTC?

Answer 49

1. Small claims cases 3. Judgment by **Confession** 4. Crim Cases imposing fine not exceeding 1k [or] imprisonment not exceeding 6 months 5. Small Criminal Cases (*Katarungang Pambarangay Law*) TN: AM0887SC provides for appeal for summary procedure cases

Question 50

You want to question the decision of the RTC on a question of fact or law, where would you go?

Answer 50

From original jurisdiction RTC decisions: Notice of Appeal to CA (Rule 41). From appellate jurisdiction RTC decisions: Petition for Review to CA (Rule 42). Purely legal questions from CA or RTC: Petition for Review on Certiorari to the Supreme Court (Rule 45).

Question 51

What cases are governed under **summary procedure**? [*fucccer*]

Answer 51

1. **forcible entry** [and] **unlawful detainer** cases 2. **all civil cases** not exceeding 2M (exc. probate pro, maritime etc.) excluding __ atty’s fees, damages, interest, 3. **complaint for damages** not exceeding 2M 4. cases of **enforcement of brgy. amicable settlement agreements** [and] **arbitration awards** where money claim not exceed **1**M LB: **AM 08-8-7-SC** 5. **revival of judgments** for first level courts 6. **civil aspect of violation of BP 22** if no crim action instituted. everything else will be governed by regular procedurer

Question 52

What is the remedy of the aggrieved party from a judgment under the **Rule on Small Claims?** gen rule and exc

Answer 52

The decision under Rule on Small Claims shall be final, executory [and] UNAPPEALABLE. Exc, there may be a general remedy for **grave abuse of discretion** under R65 of RoC A.M. 08-8-7-SC - FAQ

Question 53

how should the judgment of FLC be appealed under the rule on Summary Procedure of The expedited procedures?

Answer 53

any final jdgmnt/ordr/rsltn in a **Summary Procedure** may be **appealed to the RTC exercising JD over the **territory** under R40 in civil and R122 in criminal cases Appeal done by filing a **notice of appeal** A.M. 08-8-7-SC: FAQ

Question 54

What is the remedy for an interlocutory order adverse to you?

Answer 54

1. certiorari under rule 65 2. MR under rule 37

Question 55

Remedy when court denies your chosen remedy for an interlocutory order?

Answer 55

Continue with the case and file an appeal **assigning as one of the errors the denial of your MR of the interlocutory order**

Question 56

If order is dismissed is w/o prejudice, why is it not subject to appeal?

Answer 56

the party can refile it in the proper court the exc provided is in R40 sec. 8

Question 57

instances where the court dismisses the without prejudice

Answer 57

1. filed in wrong JD 2. non-payment of docket fees 3.

Question 58

Can you file for writ of execution [and] appeal?

Answer 58

Generally Exception is **partial judgment**

Question 59

what should you state in your certificate of non-forum shopping if case was dismissed **with prejudice**

Question 60

BLOCK 403 QUESTIONS

Answer 60

BLOCK 403 QUESTIONS

Question 61

No appeal may be taken from: R41 S1

Answer 61

- order denying **petition for relief** [or] any similar motion seeking relief from judgment (r38) [includes annulment of judgment r47 (?)] - **interlocutory order** - order **disallowing/dismissing an appeal** - order **denying motion to set aside a judgment** by [*ccc*] confession, consent, compromise on the ground of [*fmd*] fraud, mistake, duress, [or] *any other ground *vitiating consent* - order of **execution** - **judgement or final order**--- for [or] against one or more several parties [or] in separate claims, counterclaims, cross-claims & third-party complaints, ---**while main case is pending**, *unless* the court allows an appeal therefrom - an order dismissing an action **without prejudice**

Question 62

Dismissal without Prejudice

Question 63

when does a court lose JD over the case in a Notice to Appeal? will the trial court no longer have any power regarding the appealed case?

Answer 63

1. upon perfection of the notice of appeal filed in due time [and] **Expiration of time** to appeal for other parties 2. [Before] transmittal of the **original record**, the court may: - **issue orders for protection & preservation** of rights of parties which do not involve any matter litigated by the appeal - **approve compromises** - permit appeals of **indigent litigants** - **order the execution pending appeal** - allow **withdrawal of the appeal**

Question 64

Ana filed a complaint against Boyet for collection of sum of money before the Regional Trial Court (RTC). Boyet filed a counterclaim in an amount not exceeding ₱2,000,000.00 in the same RTC. Was Boyet correct in filing his counterclaim in the same RTC, or is his counterclaim cognizable by the First Level Court (FLC)?

Answer 64

Yes, Boyet correctly filed his counterclaim with the RTC under Rule 6 of the RoC. In an original action before RTC, a counterclaim considered as **compulsory** shall be filed in the same court regardless of the amount

Question 65

Suppose Clara applied for Replevin to acquire possession of a motorcycle. However, she included an alternative prayer for collection of sum of money, in an amount not exceeding ₱2,000,000.00, in case the motorcycle could no longer be found. a. Does this case fall under the Rule on Small Claims? b. does this case fall under summary procedure?

Answer 65

No. Small claims contemplates simple money claims. Replevin involves factual issues that will require trial Yes, the threshold amount for summary procedure applies summary pro contemplates ALL actions (exc probate proceedings, admiralty and maritime actions, and small claims

Question 66

Danny filed a complaint for collection of sum of money with application for a writ of replevin of a vehicle, claiming the amount of ₱1,500,000.00. However, the value of the vehicle subject of the replevin does not exceed ₱2,000,000.00. Is Danny’s complaint governed by the Rule on Summary Procedure, or the regular procedure? Suppose further that the amount of the vehicle exceeds ₱2,000,000.00, will the Rule on Summary Procedure apply?

Answer 66

The complaint is covered by SumPro **regardless** of the value of the personal property. What is controlling is the total amount in the complaint which did not exceed 2M

Question 67

Considering that: (a) the threshold amount for civil cases cognizable by the FLCs is ₱2,000,000.00; and (b) under Section 1, Rule I(A), Summary Procedure Cases include “[a]ll civil actions except probate, admiralty, maritime, and [small claims cases]” where the total amount of the claim does not exceed ₱2,000,000.00, **are cases for Quieting of Title, Recovery of Ownership cognizable by FLC governed by the Rule on Summary Procedure?**

Answer 67

No. Altho basis for determining JD is the assessed value, it should be stressed that **NO TRIAL TAKES PLACE** under SumPro so these cases are under regular procedure

Question 68

Are real actions now covered by the Expedited Procedures?

Answer 68

No, real actions are covered by regular rules (*except*) **unlawful detainer & forcible entry cases w/ the FLC depending on the assessed value of the real property involved

Question 69

How should the judgment of the FLC be appealed under the Rule on Summary Procedure of the Expedited Procedures?

Answer 69

judgment in a Sum Pro may be appealed to the appropriate RTC exercising JD over the territory under R40

Question 70

>Re: appeal in SumPro > What is the remedy of the aggrieved party when the RTC renders a judgment under its appellate jurisdiction?

Answer 70

Rules of SumPro provides that judgment of RTC on the appeal shall be final, executory, and unappealable. Nonetheless, RTC judgment can be MR, and then **Certiorari** R65

Question 71

. Ina owes Jerome ₱1,200,000.00. Considering that Jerome urgently needs the money, he decided to file a Small Claims case against Ina, praying to be paid only the amount of ₱1,000,000.00. a. Can Jerome waive part of the debt in excess of ₱1,000,000.00 so its recovery will fall under the Rule on Small Claims?

Answer 71

Yes, no prohibition in **Expedited Procedures** (general term) for waiving part of his claim.

Question 72

Karen, a contractor, filed a Small Claims case claiming payment for services rendered under a contract [of service] amounting to a little less than ₱1,000,000.00. In her Response, Lauren claimed that the construction was substandard under the contract, hence, no payment is due. Is Karen’s case still covered by the Rule on Small Claims?

Answer 72

No, that claim is not governed by Small Claims. Small Claims is solely for payment or reimbursement of a sum of money. The cause of action is a *contractual breach*,

Question 73

The local museum in the town of Barrio M proudly displays a small “Niño” or a child Jesus wooden statue dating back to the 19th century. The Marzan family filed a case for recovery of possession of the Niño against said local museum on the ground that it is a treasured family heirloom with great sentimental value. The Marzan family alleges that the value of the Niño does not exceed ₱2,000,000.00. Is this still covered by the Rule on Summary Procedure?

Answer 73

SumPro covers all civil cases except probate, admiralty & maritime, and small claims cases (Rule 1 Expedited Pro)