Need help on ISSUE: what procedure should be applied? summary or ordinary procedure.
FACTS:
An accion publiciana was instituted in MTC (within metro manila) involving possession of real property with assessed value of 35t and with market value of 750t. The market value was used to assess the docket fees and the assessed value was used to determine jurisdiction. The fact that assessed value does not exceed 50T, the case was properly filed with MTC.
After the service of summons (clearly indicating summary procedure is being adopted by MTC), defendants, not assisted by counsel, filed a pleading, entitled "reply," and failed to furnish plaintiff a copy thereof.
The lawyer for the plaintiff viewed that it should be ordinary procedure because accion publiciana is a real action and the revised rules on summary procedure apply only on one kind of real action that is accion interdictal (unlawful detainer and forcieble entry)
However, the application of summary procedure is more advantageous for the plaintiff.
ISSUE: Summary or Ordinary?
Incidental issue:
If summary and you are the lawyer for the plaintiff, what legal and MORAL action should you do? Next step or motion
If Ordinary and you are the lawyer for the plaintiff, what legal and MORAL action action should you do? Next step or motion
