Service of the summons in an ejectment case starts one of the fastest clocks in Philippine civil litigation. Forcible entry and unlawful detainer cases run under a summary procedure that strips out most of the motions parties in ordinary cases use to buy time, fixes short periods for every stage, and lets the court decide on sworn statements and position papers instead of a live trial. That design cuts both ways. A defendant who responds promptly and pleads every defence and counterclaim in a single document is fully heard; a defendant who waits, or files the wrong paper, can lose the case without a hearing at all. This page walks through what happens after the complaint is filed, stage by stage, from the court's first screening of the complaint through to judgment.
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The court screens the complaint before issuing summons
An ejectment case does not begin with a motion battle. The court may, from an examination of the allegations in the complaint and such evidence as may be attached to it, dismiss the case outright on any of the grounds for the dismissal of a civil action which are apparent on its face. If no ground for dismissal is found, it issues summons forthwith. All actions for forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sought, are governed by the summary procedure under Rule 70 — so for the defendant, the first paper that arrives is normally the summons with the complaint attached, and the clock described in the next step is already running.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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Answer within ten days — and plead everything at once
Within ten (10) days from service of summons, the defendant must file an answer to the complaint and serve a copy on the plaintiff. The answer has to carry the whole defence: affirmative and negative defences not pleaded in it are deemed waived, except lack of jurisdiction over the subject matter, and cross-claims and compulsory counterclaims not asserted in the answer are barred. If the answer pleads a counterclaim or cross-claim, the answer to it is served and filed within ten (10) days from service of the answer in which it appears. All pleadings in the case must be verified. There is no second chance to raise a defence left out of this document.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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Fail to answer, and judgment follows on the complaint alone
If the defendant does not answer within the period, the court — on its own initiative or on the plaintiff's motion — renders judgment as may be warranted by the facts alleged in the complaint, limited to what is prayed for in it. The court retains the discretion to reduce the amount of damages and attorney's fees claimed if it finds them excessive or otherwise unconscionable. Notice that no declaration of default is involved; a motion to declare the defendant in default is itself on the prohibited list. Silence simply converts the complaint's allegations into the basis of the judgment.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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Know the prohibited pleadings before filing anything
The rule strikes out the standard delaying repertoire. Not allowed: a motion to dismiss the complaint, except on the ground of lack of jurisdiction over the subject matter or failure to comply with the conciliation-referral requirement; a motion for a bill of particulars; a motion for new trial, for reconsideration of a judgment, or for reopening of trial; a petition for relief from judgment; a motion for extension of time to file pleadings, affidavits or any other paper; memoranda; a petition for certiorari, mandamus or prohibition against any interlocutory order of the court; a motion to declare the defendant in default; dilatory motions for postponement; a reply; third-party complaints; and interventions. Filing one of these wastes the paper and, worse, wastes none of the running periods.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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Attend the preliminary conference — absence is expensive
Not later than thirty (30) days after the last answer is filed, the court holds a preliminary conference, to which the ordinary pre-trial provisions apply so far as consistent with the summary rule. Attendance is not a formality. The plaintiff's failure to appear is cause for the dismissal of the complaint, and a defendant who does appear in the plaintiff's absence becomes entitled to judgment on his counterclaim. A sole defendant who fails to appear puts the plaintiff in the same position — entitled to judgment on the complaint. No postponement is granted except on highly meritorious grounds, and even then without prejudice to sanctions on the party who asked.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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The conference order, then affidavits and position papers
Within five (5) days after the preliminary conference ends, the court issues an order recording what was taken up: any amicable settlement and its terms, the stipulations and admissions made, whether judgment can already be rendered on the pleadings and admissions alone — in which event judgment issues within thirty (30) days from the order — and a clear specification of the material facts that remain disputed. Within ten (10) days from receipt of that order, the parties submit the affidavits of their witnesses and their other evidence on the disputed facts, together with position papers setting out the law and the facts relied upon. Affidavits must state only facts of direct personal knowledge that are admissible in evidence; inadmissible matter can be expunged and can draw disciplinary consequences.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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Judgment within thirty days — with one narrow clarification detour
The court renders judgment within thirty (30) days after receipt of the affidavits and position papers, or after the period for filing them expires. There is one permitted detour: if the court finds it necessary to clarify certain material facts, it may within that period issue an order specifying the matters to be clarified and require the parties to submit affidavits or other evidence on them within ten (10) days from receipt of the order, after which judgment is rendered within fifteen (15) days from receipt of the last clarificatory affidavit or the expiry of the period for filing it. The rule expressly forbids using this procedure just to gain time.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →
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What the judgment decides, and what comes next
If the court finds the complaint's allegations true, it renders judgment for the restitution of the premises, the sum justly due as arrears of rent or as reasonable compensation for the use and occupation of the premises, attorney's fees and costs; if not, judgment goes to the defendant for costs, and any established counterclaim is awarded. The judgment is conclusive on possession only and does not bind title or ownership. It is appealable to the appropriate Regional Trial Court — but execution against the defendant issues immediately upon motion unless the defendant perfects the appeal, files a supersedeas bond and keeps depositing the accruing rent, a mechanism covered in full on a separate page.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), RULE 70. Read the source →