Summoning of defendants.
SEC. 51. Summoning of defendants. — Defendants in suits before justices of the peace may be summoned to appear in the manner provided in articles seven hundred and four, seven hundred and five, seven hundred and six, seven hundred and seven, seven hundred and eight, and seven hundred and nine of the Code of Civil Procedure of the Philippine Islands, in force in the year eighteen hundred and ninety-eight, before the American occupancy. They may likewise be lawfully summoned in the manner provided in Chapter Fifteen of this Code.
The Complaint.
SEC. 52. The Complaint. — The complaint shall state the name and residence of the plaintiff and that of the defendant, the substance of the claim made, the grounds of action, the amount sought to be recovered, and the date when the claim is presented to the court.
Nonsuit.
SEC. 53. Nonsuit. — If the plaintiff does not appear at the time and place designated in the summons, the justice may dismiss the action for failure to prosecute, and render judgment for the defendant to recover his lawful costs. But such dismissal without hearing shall not be a bar to subsequent action for the same cause.
Default.
SEC. 54. Default. — If the defendant does not appear at the time and place designated in the summons, judgment may be rendered against him by default, and the court shall thereupon proceed to hear the testimony of the plaintiff and his witnesses as to the amount which the plaintiff is entitled to recover, and shall render judgment for the plaintiff to recover of the defendant such sum as he finds established by the evidence to be justly due with lawful costs.
Vacating nonsuits and defaults.
SEC. 55. Vacating nonsuits and defaults. — Within two hours after the entry of a nonsuit or default as provided in the last two preceding sections, the court may strike off the entry of nonsuit or default and allow the party nonsuited or defaulted to have a trial upon the merits of the cause, if such party shall appear and make it manifest to the court that his failure to appear at the time designated occurred by reason of fraud, accident, or mistake.
Trial.
SEC. 56. Trial. — The defendant may interpose any lawful defense, including a counterclaim or plea in offset, for any sum not exceeding the limit of a justice of the peace, verbally, without written pleadings. The plaintiff may make an opening statement by himself, his agent or counsel, if he so desires, explaining the character of his claim, and the defendant, personally or by his agent or counsel, may make a like opening statement, if he so desires, explaining the character of his defense or counterclaim. Upon the conclusion of the opening statement, the court shall hear the testimony of the plaintiff and his witnesses; afterwards, the testimony of the defendant and his witnesses, all under the sanction of an oath. Upon the conclusion of the testimony in behalf of the defendant, the plaintiff may offer rebutting testimony. When the testimony has been closed, the defendant or his agent or counsel shall be heard in argument, if he so desires, and upon the conclusion of his argument the plaintiff or his agent or counsel shall be heard, if he so desires.
Assessors in justice courts; how Hhosen.
SEC. 57. Assessors in justice courts; how Hhosen. — Within the first week of January of each year, the president and municipal council of each municipality shall prepare a list of residents of the municipality best fitted by education, natural ability, and reputation for probity, to sit as assessors in the trial of actions in courts of justice of the peace. Such list shall contain not less than ten and not more than twenty-five names, and shall be made in duplicate, one copy to remain in the hands of the municipal secretary and the other in the office of the justice of the peace. The name of any person may be stricken from the list, at any time, upon the order of a majority of the municipal council, upon its being made to appear that the name ought to be stricken out, by reason of the death, permanent disability, or unfitness of the person named; and in case names are so stricken out other names shall be added in their place, to be selected as in this section provided.
Rights of parties to have assessors.
SEC. 58. Rights of parties to have assessors. — Either party to an action may apply in writing to the justice of the peace, who is to try the action, for assessors to sit in the trial. Upon the filing of such application the justice shall direct that assessors be provided. Thereupon the parties shall be notified forthwith to appear before the justice for the purpose of selecting assessors, who shall be selected from the list provided for in the preceding section, and shall be selected in the following manner in the presence of the justice: The plaintiff shall strike out from the list one name; then the defendant shall strike out one name, and so, alternately, the parties shall strike out names until but two remain on the list. The remaining two shall be the assessors to sit in the action; but if one or more of the two remaining are disqualified by law to sit as assessors, then the justice shall draw one or two names, as the case may be, by lot from those stricken out, and the person or persons thus drawn shall act as assessors, as the case may be.
Summoning assessors.
SEC. 59. Summoning assessors. — The person so selected as assessors shall, under the direction of the justice of the peace, be summoned to attend and serve as assessors in the action, and a summons for that purpose shall be served in the same manner as other writs or summons.
If any person summoned to act as assessor fails, without reasonable excuse, to attend at the trial or any adjournment thereof, or to continue to serve throughout the trial, he shall be liable under a summary order of the court to a fine not exceeding ten dollars; but the justice may, on reasonable cause shown, excuse from attendance in any particular action any person summoned as assessor, and may, for like cause, discharge from attendance in any action, a person who is acting as assessor thereon. In case of any person so excused, the vacancy thus created shall be filled in the manner provided in section fifty-eight.
Compensation of assessors.
SEC. 60. Compensation of assessors. — Each assessor shall receive a compensation of two pesos per day for the actual time by him employed in the trial of the action and in advising the justice as to the decision thereof, to be taxed as cost against the defeated party, but to be paid primarily by the party demanding assessors.
Oath of assessors.
SEC. 61. Oath of assessors. — Before entering upon the performance of his duties in any action, each assessor shall be sworn by the justice to the faithful and honest performance of his duties as such assessor.
Duties of assessors.
SEC. 62. Duties of assessors. — The duties of assessors, when their aid is invoked as herein provided, shall be to sit with the justice upon the trial of the action and to advise him in the determination of all questions of law or fact involved in the case; but the final responsibility for the decision must rest with the justice. If the two assessors shall both be of the opinion that the finding of fact or judgment in any action is wrong, they shall certify in writing their dissent therefrom and their reasons for such dissent, and sign such certification, which shall be filed with the other papers in the action. In case such dissent is filed and the action is appealed, the dissent shall be filed with the other appeal papers in the Court of First Instance, and that court shall give to the dissent such weight as, in its opinion, it is entitled to.
Testimony.
SEC. 63. Testimony. — All testimony, except documentary, shall be given orally in court, at the time of trial, unless the written testimony of witnesses shall have previously been taken in accordance with general law upon that subject and produced at the trial in the form or depositions.
Adjournment.
SEC. 64. Adjournment. — Justices of the peace shall have power to adjourn the hearing of an action from day to day as the interests of justice may require, but shall not have power to adjourn hearings for a longer period than one week for each adjournment, nor for more than three months in all.
Power to punish for contempt of court.
SEC. 65. Power to punish for contempt of court. — A justice of the peace may summarily impose a fine not exceeding ten pesos, or sentence to imprisonment for a period not exceeding one day, or impose both of such punishments, upon a person guilty of misbehaviour in the presence of or so near the justice of the peace as to obstruct him in the performance of his judicial duties.
Judgments.
SEC. 66. Judgments. — At the conclusion of the trial, the justice shall render judgment for the plaintiff to recover such sum as he finds to be justly his due, with costs; or for the defendant to recover his costs, as the law and evidence may warrant. If there is a counterclaim or plea in offset the justice shall render judgment for the sum found in arrear from either party, with costs. But he may adjourn the disposition of the case to a stated day, not exceeding one week from the time of the conclusion of the trial, for the consideration of judgment, if he require time for consideration.
Form of judgment.
SEC. 67. Form of judgment. — The entry of judgment need not state the facts or conclusions arrived at by the justice, but shall be substantially in the following form only:
"Judgment for the plaintiff to recover . . . pesos damages and costs of the action;" or
"Judgment for the defendant to recover his costs," if he shall not be entitled to anything on a counterclaim; or, "Judgment for the defendant to recover . . . . pesos and his costs," if he shall have established a counterclaim in excess of the demand established by the plaintiff.
Witnesses may be subpoenaed.
SEC. 68. Witnesses may be subpoenaed. — At the instance of either party the justice may at any time after the commencement of the action issue a subpoena directed to any witness whose testimony may be desired, requiring his attendance as a witness at a time and place therein specified, which subpoena shall be served upon the witness in the same manner as has been above provided for the service of a summons to the defendant, and his lawful fees as a witness shall, if he require it, be then tendered to him. If the witness fails to appear at the time and place specified in the subpoena, the justice may issue a warrant upon which he may be seized and brought before the justice and compelled to testify, and the costs of such warrant and seizure of the witness shall be paid by the witness if the justice shall determine that his failure to answer the subpoena was willful or without just excuse.
Dockets.
SEC. 69. Dockets. — Every justice of the peace shall keep a well-bound book, styled "Docket," upon each page of which shall be the entries as to two actions, entries as to one to occupy the upper half of the page, and, as to the other, the lower half. Upon it he shall enter the names of the plaintiff and defendant in any suit brought before him; the time of issuing process, and when returnable; the appearance or default of the person summoned to appear; the names of the witnesses sworn; the date and amount of the judgment; the date of issuing execution, when one is issued, and a copy of the return thereon; the appeal, when and by whom demanded, and, briefly, all the proceedings before him touching the suit.
Entry to identify docket.
SEC. 70. Entry to identify docket. — Each justice of the peace shall, at the beginning and in front of all his entries in his docket, make and subscribe substantially the following entry, to wit:
"A docket of proceedings in matters civil and criminal before ____________, justice of the peace of the municipality of _______________, in the Province of _________________, in the Philippine Islands.
"Witness my signature,
"___________________
"Justice of the Peace."
Final disposition of dockets.
SEC. 71. Final disposition of dockets. — Every justice of the peace whose term of office shall expire, or who shall resign, removed from the province, or otherwise go out of office, and the legal representative of every justice of the peace who shall die, shall, within ten days thereafter, deliver his docket, with all process and papers and books relating to his office, to the clerk of the Court of First Instance of the province; and if any justice of the peace or legal representative of any justice of the peace who shall die, refuse or neglect to deliver such docket, process, papers, and books to said clerk as required, he shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for not more than six months, or by both. Said clerk shall keep in his office such docket, process, papers, and books as public records, and shall certify copies thereof, while kept by him, whenever lawfully demanded. While such docket, process, papers, and books are in the custody of the clerk, if there shall be on such docket any judgment unexecuted, the clerk may issue execution upon such judgment, and the execution so issued shall have the same effect as if issued by the justice who rendered the judgment.
Execution.
SEC. 72. Execution. — If no appeal from a judgment of a justice of the peace shall be perfected as herein provided, the justice of the peace shall, at the request of the successful party, issue an execution for the enforcement of the judgment, at the expiration of the time limited by law for the perfection of an appeal.
When justice is disqualified.
SEC. 73. When justice is disqualified. — When a justice of the peace is disqualified from presiding, or when there is no justice of the peace in the municipality where the action is to be brought, or there is one and he refuses to serve, generally or in any particular case, and there is no auxiliary justice in the municipality competent and able to sit, any justice of the peace of the province shall be authorized to issue all process and to preside in the particular case and in the municipality in which the action shall be brought.
Appeals.
SEC. 74. Appeals. — Either party to an action before a justice of the peace, may appeal from the judgment of the justice of the peace to the next regular stated term of the Court of First Instance to be held within the province in which the judgment was rendered in the manner herein provided.
Effect of appeals.
SEC. 75. Effect of appeals. — A perfected appeal shall operate to vacate the judgment of the justice of the peace, and the action when duly entered in the Court of First Instance shall stand for trial de novo upon its merits in accordance with the regular procedure in that court, as though the same never had been tried and had been originally there commenced.
Appeals, how perfected.
SEC. 76. Appeals, how perfected. — Within five days after the rendition of a judgment by a justice of the peace, the party desiring to appeal may file with the justice a written statement that he appeals to the Court of First Instance, and shall, within said period of five days, give a bond with sufficient surety to be approved by said justice, payable to the opposite party, in the penal sum of one hundred dollars, conditioned for the payment of all such costs in the action as finally may be awarded against him. The filing of such statement and giving of such bond shall perfect the appeal.
Copy of record to be transmitted.
SEC. 77. Copy of record to be transmitted. — The justice of the peace, upon the perfection of the appeal, shall prepare and certify his record to the following effect, namely:
"Copy of the record of the proceedings before ________________, a justice of the peace of the municipality of ______________, in the Province of ________________, in the case herein set forth, to wit: (Here copy the entries on the docket and certify as follows; namely:)
"Philippine Islands, Province of ________________, I, ________________, a justice of the peace of the said province, certify that the foregoing is a copy of the record and proceedings before me in the case stated therein as appears on my docket.
"Given under my hand this ____________ day of ___________, A.D. _____.
"__________________
"Justice of the peace."
Papers to be delivered to clerk of Court of First Instance.
SEC. 78. Papers to be delivered to clerk of Court of First Instance. — The justice of the peace from whose decision an appeal shall be taken shall, on or before the first day of the next term of the Court of First Instance for the province in which the same is returnable, transmit to the clerk of that court a certified copy of the record of proceedings, with all the original papers and process in the case, and the original appeal bond given by the appellant, and the clerk shall docket the same in the Court of First Instance, and shall be entitled to the same fees, upon such appeals, as for similar services in suits originating in said court. The justice shall at all times be allowed, and, in the interest of justice, may be required, by the Court of First Instance, to amend his return according to the facts.
Settlement of appeal cases.
SEC. 79. Settlement of appeal cases. — At any time after the perfection of an appeal from a judgment of a justice of the peace, and before the papers have been transmitted to the clerk of the Court of First Instance to which the action is appealed, the parties may adjust the controversy by agreement in writing, signed by both parties and lodged with the justice of the peace, who shall enter the same upon his docket, and no further proceeding shall thereafter be taken in the action. But if the appeal papers have already been transmitted to the clerk of the Court of First Instance, then the justice shall immediately transmit the compromise agreement to the clerk of the Court of First Instance, who shall file the same and enter a memorandum thereof upon his docket, and no further proceedings shall thereafter be taken in the action.
Forcible entry into and detainer of land or buildings.
SEC. 80. Forcible entry into and detainer of land or buildings. — Anyone deprived of the possession of land, or a building, by force, intimidation, fraud, strategy, or stealth, and any landlord, vendor, vendee, or other person, against whom the possession of land or a building is unlawfully withheld, by his tenant, vendee, vendor, or other person, after the expiration of his right by contract, express or implied, to hold possession, and the legal representatives or assigns of him who is so deprived of possession, or from whom possession is so withheld, as against him who so obtains possession or withholds possession after the expiration of his rights, and all persons claiming to hold under him, shall, at any time within one year after such deprivation or unlawful withholding of possession be entitled to restitution of possession, and to damages, in a court of justice of the peace, in the manner hereinafter prescribed. The owner of the land, or of a building, occupied by a tenant, may likewise obtain restitution or possession of the premises, and recover rents due and damages, in the manner next hereinafter provided, when the tenant for thirty days after due demand for payment of rent due for the occupancy of the premises shall have refused or neglected to make payment of the same.
The complaint.
SEC. 81. The complaint. — The party turned out of possession, or held out of possession, shall institute an action before any justice of the peace of the municipality in which the land or building, or some part thereof, is situated, to recover possession thereof and damages. The complaint shall be substantially in the following form:
"The plaintiff (naming him) complains that the defendant (naming him) has unlawfully turned him out of possession (or unlawfully withholds from him the possession, as the case may be) of certain lands and building (here describe the premises) lying and being within said municipality, whereof he prays the possession, and he also prays for just damages and costs.
"______________________
"The plaintiff (naming him)."
The complaint shall be verified by the oath of the plaintiff, or his agent or attorney, and certified by the justice of the peace before whom the action is instituted. Process shall issue to and be served upon the defendant, as in other actions before a justice of the peace.
Trial.
SEC. 82. Trial. — The action shall be tried in the same manner as other actions before a justice of the peace.
Continuance, and obligation therefor.
SEC. 83. Continuance, and obligation therefor. — No continuance shall be granted for a longer period than one week, unless the defendant applying therefor shall give an obligation to the adverse party, with good and sufficient sureties to be approved by the justice, conditioned for the payment of rent and damages that may accrue, if judgment be rendered against the defendant.
Judgment.
SEC. 84. Judgment. — If, upon trial, the court shall find that the complaint is not true, it shall enter judgment against the plaintiff for costs. If it finds the complaint to be true, it shall render judgment against the defendant in favor of the plaintiff for restitution of the premises, and costs of suit, and for all arrears of rent, or a reasonable compensation for the use and occupation of the premises.
The execution.
SEC. 85. The execution. — When the judgment of restitution shall be entered by the justice, he shall, at the request of the plaintiff, his agent or attorney, issue a writ of execution thereon, which shall be in the following form, as near as practicable:
"The Philippine Islands.
"Province of ________
"Municipality of __________
"To any officer authorized to serve process in the municipality of __________
"Whereas, in a certain action for the forcible entry and detention (or forcible detention, as the case may be) of the following-described premises, to wit, (here describe them) lately tried before me, wherein _______________ was plaintiff and ________________ was defendant, judgment was rendered on the ______ day of ________ ___________, A.D _____, that the plaintiff have restitution of the premises, and also that he recover damages to the amount of _________ dollars; also that he recover costs in the sum of _____________ dollars. You are therefore hereby commanded to cause the defendant to forthwith remove from said premises, and that the said plaintiff have restitution of the same; also that you levy upon goods and chattels of the said defendant and collect from him the rent, damages, and costs aforesaid, and costs of this execution and service thereof, in due form of law.
"Witness my hand this ___________ day of _______________, A.D. _______.
"___________________
"Justice of the peace."
But such execution shall not issue within five days from the date of the judgment, nor if an appeal to the Court of First Instance has been perfected, together with the due execution and delivery of the obligation referred to in section eighty-eight.
Service of execution.
SEC. 86. Service of execution. — The officer shall, upon receiving the execution, execute the same, by restoring to the plaintiff the possession of the premises, and shall levy and collect the rent, damages, and costs awarded, and make return, as upon other executions.
Such judgment not conclusive in another action.
SEC. 87. Such judgment not conclusive in another action. — A judgment rendered in a suit of unlawful entry and detainer, either for the plaintiff or defendant, shall not bar an action in the Court of First Instance between the same parties respecting title to the land or building; nor shall any judgment given therein be held conclusive of the facts found in another action between the same parties.
Appeal.
SEC. 88. Appeal. — Either party may appeal from the judgment of the justice to the Court of First Instance and the suit shall therein be conducted as appeals from justices in other civil actions; if the plaintiff recovers possession of the premises in the Court of First Instance, he shall have judgment for the amount of rents or damages then due. If the defendant appeals from the judgment of the justice he shall give security by an obligation, with sufficient securities, to be approved by the justice, to the plaintiff to enter the action in the Court of First Instance, and to pay rent then due, and intervening rent, damages, and costs, and the defendant and the sureties shall be liable upon their obligation for such rent, intervening rent, damages, and costs, down to the time of the final judgment in the action. The appeal shall not be allowed until such obligation has been filed with the justice, and the obligation shall be transmitted by the justice with the other papers to the clerk of the Court of First Instance to which the action is appealed.
PROCEDURE IN COURTS OF FIRST INSTANCE IN ACTIONS
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
