RULE 70

Forcible Entry and Unlawful Detainer

Section 1. Who may institute proceedings, and when. — Subject to the provisions of the
next succeeding section, a person deprived of the possession of any land or building by
force, intimidation, threat, strategy, or stealth, or a lessor, vendor, vendee, or other person
against whom the possession of any land or building is unlawfully withheld after the
expiration or termination of the right to hold possession, by virtue of any contract, express
or implied, or the legal representatives or assigns of any such lessor, vendor, vendee, or
other person, may, at any time within one (1) year after such unlawful deprivation or
withholding of possession, bring an action in the proper Municipal Trial Court against the
person or persons unlawfully withholding or depriving of possession, or any person or
persons claiming under them, for the restitution of such possession, together with damages
and costs. (1a)

Section 2. Lessor to proceed against lessee only after demand. — Unless otherwise
stipulated, such action by the lesser shall be commenced only after demand to pay or
comply with the conditions of the lease and to vacate is made upon the lessee, or by
serving written notice of such demand upon the person found on the premises if no person
be found thereon, and the lessee fails to comply therewith after fifteen (15) days in the case
of land or five (5) days in the case of buildings. (2a)

Section 12. Referral for conciliation. — Cases requiring referral for conciliation, where
there is no showing of compliance with such requirement, shall be dismissed without
prejudice, and may be revived only after that requirement shall have been complied with.
(18a, RSP)

Article 151 of the Family Code

Art. 151. No suit between members of the same family shall prosper unless it should
appear from the verified complaint or petition that earnest efforts toward a compromise
have been made, but that the same have failed.
 REVISED RULES ON SUMMARY PROCEDURE

I.
Applicability

Section 1. Scope. — This rule shall govern the summary procedure in the Metropolitan
Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:

A. Civil Cases:

(1) All cases of forcible entry and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered. Where attorney's fees are awarded, the
same shall not exceed twenty thousand pesos (P20,000.00).
(2) All other civil cases, except probate proceedings, where the total amount of the
plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest and
costs.

THE LOCAL GOVERNMENT CODE

OF THE PHILIPPINESCHAPTER 7 - KATARUNGANG PAMBARANGAY

SEC. 412. Conciliation. - (a) Pre-condition to Filing of Complaint in Court. - No

complaint, petition, action, or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other government office for
adjudication, unless there has been a confrontation between the parties before the lupon
chairman or the pangkat, and that no conciliation or settlement has been reached as
certified by the lupon secretary or pangkat secretary as attested to by the lupon or pangkat
chairman or unless the settlement has been repudiated by the parties thereto.

(b) Where Parties May Go Directly to Court. - The parties may go directly to court in the
following instances:
(1) Where the accused is under detention; (2) Where a person has otherwise been deprived
of personal liberty calling for habeas corpus proceedings;

(3) Where actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and

(4) Where the action may otherwise be barred by the statute of limitations.

(c) Conciliation among members of indigenous cultural communities. - The customs and
traditions of indigenous cultural communities shall be applied in settling disputes between
members of the cultural communities.

exempted from the Barangay conciliation proceedings and these are the following:

a) Where one party is the government or any subdivision or instrumentality thereof;

b) Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;

c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding five
thousand pesos (P5,000.00);

d) Offenses where there is no private offended party;

e) Where the dispute involves real properties located in different cities or municipalities
unless the parties thereto submit their differences to amicable settlement by an appropriate
lupon;

f) Disputes involving parties who actually reside in barangays of different cities or

municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate lupon;

g) Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice (Section 408, Chapter VII,
RA No. 7160).

In addition to the abovementioned cases, the following under Section 412 (b) of the said
law, are cases where the parties may go directly to court, to wit:

1) Where the accused is under detention;

2) Where the person has otherwise been deprived of personal liberty calling for habeas
corpus proceedings;

3) Where actions are coupled with the provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and

4) Where the action may otherwise be barred by statute of limitations.

 RULE 7

Parts of a Pleading

Section 1. Caption. — The caption sets forth the name of the court, the title of the action,
and the docket number if assigned.

The title of the action indicates the names of the parties. They shall all be named in the
original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name
of the first party on each side be stated with an appropriate indication when there are other
parties.

Their respective participation in the case shall be indicated. (1a, 2a)

Section 2. The body. — The body of the pleading sets fourth its designation, the
allegations of the party's claims or defenses, the relief prayed for, and the date of the
pleading. (n)

(a) Paragraphs. — The allegations in the body of a pleading shall be divided into
paragraphs so numbered to be readily identified, each of which shall contain a
statement of a single set of circumstances so far as that can be done with
convenience. A paragraph may be referred to by its number in all succeeding
pleadings. (3a)

(b) Headings. — When two or more causes of action are joined the statement of the
first shall be prefaced by the words "first cause of action,'' of the second by "second
cause of action", and so on for the others.

When one or more paragraphs in the answer are addressed to one of several causes
of action in the complaint, they shall be prefaced by the words "answer to the first
cause of action" or "answer to the second cause of action" and so on; and when one
or more paragraphs of the answer are addressed to several causes of action, they
shall be prefaced by words to that effect. (4)

(c) Relief. — The pleading shall specify the relief sought, but it may add a general
prayer for such further or other relief as may be deemed just or equitable. (3a, R6)

(d) Date. — Every pleading shall be dated. (n)

Section 3. Signature and address. — Every pleading must be signed by the party or
counsel representing him, stating in either case his address which should not be a post
office box.
The signature of counsel constitutes a certificate by him that he has read the pleading; that
to the best of his knowledge, information, and belief there is good ground to support it; and
that it is not interposed for delay.

An unsigned pleading produces no legal effect. However, the court may, in its discretion,
allow such deficiency to be remedied if it shall appear that the same was due to mere
inadvertence and not intended for delay. Counsel who deliberately files an unsigned
pleading, or signs a pleading in violation of this Rule, or alleges scandalous or indecent
matter therein, or fails promptly report to the court a change of his address, shall be subject
to appropriate disciplinary action. (5a)

Section 4. Verification. — Except when otherwise specifically required by law or rule,

pleadings need not be under oath, verified or accompanied by affidavit .(5a)

A pleading is verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his knowledge and belief.

A pleading required to be verified which contains a verification based on "information and

belief", or upon "knowledge, information and belief", or lacks a proper verification, shall
be treated as an unsigned pleading. (6a)

Section 5. Certification against forum shopping. — The plaintiff or principal party shall
certify under oath in the complaint or other initiatory pleading asserting a claim for relief,
or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he
has not theretofore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other
action or claim is pending therein; (b) if there is such other pending action or claim, a
complete statement of the present status thereof; and (c) if he should thereafter learn that
the same or similar action or claim has been filed or is pending, he shall report that fact
within five (5) days therefrom to the court wherein his aforesaid complaint or initiatory
pleading has been filed.

Failure to comply with the foregoing requirements shall not be curable by mere
amendment of the complaint or other initiatory pleading but shall be cause for the
dismissal of the case without prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without prejudice to the
corresponding administrative and criminal actions. If the acts of the party or his counsel
clearly constitute willful and deliberate forum shopping, the same shall be ground for
summary dismissal with prejudice and shall constitute direct contempt, as well as a cause
for administrative sanctions. (n)