Metropolitan Trial Courts (MeTCs) in the Philippines, established under Batas Pambansa Blg. 129 as amended by Republic Act No. 11576, function as first-level courts in the National Capital Region. They exercise exclusive original jurisdiction over most civil actions where the demand or value of the subject matter does not exceed Two Million Pesos (P2,000,000.00), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs. These courts handle a high volume of cases involving debt recovery, ejectment, damages, and other low-to-mid-value disputes. The timely filing of an Answer is a cornerstone of due process in civil litigation before MeTCs. Failure to do so triggers distinct procedural consequences depending on whether the case proceeds under the 2019 Revised Rules of Civil Procedure or the Rule on Summary Procedure, with limited application of the Revised Rules of Procedure for Small Claims Cases. This article exhaustively details the governing rules, timelines, immediate effects, long-term repercussions, available remedies, and practical considerations.
I. Applicable Procedural Regimes in MeTC Civil Cases
Two main frameworks govern civil actions in MeTCs:
Regular Civil Procedure under the 2019 Revised Rules of Civil Procedure applies to cases falling outside the coverage of summary proceedings, such as civil claims exceeding the monetary threshold of the Rule on Summary Procedure but within the P2,000,000 jurisdictional limit of MeTCs.
Summary Procedure under the 1991 Rule on Summary Procedure (which remains in full force and effect) applies mandatorily to:
- All actions for forcible entry and unlawful detainer, regardless of the amount involved;
- All other civil cases, except probate proceedings, where the total amount of the plaintiff’s claim does not exceed Two Hundred Thousand Pesos (P200,000.00) in Metro Manila.
Small Claims Procedure under the Revised Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC, as amended) applies to claims not exceeding One Million Pesos (P1,000,000.00). This is a simplified, non-adversarial process where formal pleadings are minimized.
II. Obligation and Period to File an Answer
Upon service of summons together with a copy of the complaint and its annexes, the defendant must file a responsive pleading denominated as an Answer.
Regular Procedure: The Answer must be filed and served within fifteen (15) days from service of summons (Rule 11, Section 1). A motion for extension may be granted for justifiable reasons, but the extension is not longer than fifteen (15) days.
Summary Procedure: The Answer must be filed within ten (10) days from service of summons (Section 5). The Answer is required to be verified, must contain all defenses and counterclaims (compulsory counterclaims not raised are barred), and must be accompanied by supporting affidavits and documents. No motion to dismiss is allowed except on grounds of lack of jurisdiction or prescription.
Small Claims: No formal Answer is filed. The defendant is served with a Notice to Appear and may submit a written Response or Counterclaim using the prescribed form before or during the mandatory hearing. Failure to submit a Response does not automatically default the defendant but affects the conduct of the hearing.
Service of summons must be personal or by substituted service strictly complying with Rule 14. Improper service renders any subsequent default order or judgment void.
III. Consequences of Failure to File an Answer
A. Under Regular Civil Procedure
If the defendant fails to file an Answer within the reglementary period or any granted extension, the plaintiff may file a motion, with notice to the defendant and proof of the failure, praying that the defendant be declared in default (Rule 9, Section 3(a)).
Upon grant of the motion:
- An order of default is issued.
- The defaulting defendant loses the right to file any pleading, to participate in the trial, or to present evidence. The defendant is not entitled to notice of subsequent proceedings except the final judgment (Rule 9, Section 3(c)).
- The court may:
- Render judgment based solely on the allegations of the complaint if they are sufficient to support the relief prayed for; or
- Require the plaintiff to present evidence ex parte.
- Material allegations of fact in the complaint are deemed admitted, except those that are conclusions of law, not well-pleaded, or incapable of proof by evidence. Unliquidated damages and claims requiring competent proof must still be established by the plaintiff.
A judgment by default is immediately executory upon finality unless a supersedeas bond or stay is obtained. In ejectment cases falling under regular procedure (rare, as most are summary), immediate execution of the judgment for possession is available upon motion.
B. Under Summary Procedure
Failure to answer carries even stricter and faster consequences. No motion to declare in default is required.
Under Section 6 of the Rule on Summary Procedure:
- The court, motu proprio or upon motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to the relief prayed for therein.
- The court may, in its discretion, require the plaintiff to submit additional evidence.
- The judgment is rendered without the need for a full hearing or preliminary conference if the defendant has already failed to answer.
In unlawful detainer cases, the judgment typically orders immediate eviction, payment of accrued rentals, reasonable compensation for use and occupation, attorney’s fees, and costs. Execution pending appeal is generally allowed upon posting of a sufficient bond.
The absence of an Answer also bars the defendant from raising any defense, including payment, tolerance, or ownership claims that should have been pleaded.
C. Under Small Claims Procedure
Although no formal Answer is required, failure to appear at the scheduled hearing after proper notice, or failure to submit the required Response form, allows the court to:
- Proceed with the hearing ex parte;
- Render judgment based on the plaintiff’s Statement of Claim and supporting evidence;
- Award the full amount claimed plus costs and fees if the claim is meritorious.
IV. Broader Legal and Practical Effects
- Loss of Standing: The defaulting defendant is placed in a procedurally disadvantaged position and cannot cross-examine witnesses, object to evidence, or introduce controverting proof.
- Admission of Allegations: While not a blanket admission of every statement, the defendant is precluded from denying the well-pleaded ultimate facts.
- Finality and Execution: A default judgment becomes final after fifteen (15) days from receipt of notice if no remedy is availed. Execution may issue immediately, including garnishment of bank accounts, levy on personal or real property, or issuance of a writ of possession in ejectment cases.
- Liability for Costs and Damages: The defaulting party is ordinarily liable for the plaintiff’s attorney’s fees (if stipulated or justified), litigation expenses, and treble damages in certain unlawful detainer cases.
- Criminal or Contempt Implications: Willful refusal to comply with court processes after default may lead to indirect contempt proceedings or, in rare cases involving fraud on the court, administrative or criminal liability.
- Preclusion in Subsequent Actions: Res judicata or conclusiveness of judgment may attach to the default judgment, barring relitigation of the same issues.
V. Remedies Available to the Defendant
Philippine courts have consistently adopted a policy that default judgments are disfavored when substantial justice would be sacrificed. The following remedies are available in sequence:
Motion to Set Aside Order of Default (Regular Procedure) – Filed before judgment, under oath, showing fraud, accident, mistake, or excusable negligence (FAME) and a meritorious defense (Rule 9, Section 3(b)). If granted, the defendant is allowed to file the Answer.
Motion for Reconsideration or New Trial (Rule 37) – Within fifteen (15) days from notice of the default judgment, on the grounds of FAME or newly discovered evidence.
Appeal to the Regional Trial Court (Rule 40) – Within fifteen (15) days from notice of the judgment. The appeal is on the record; the RTC may affirm, reverse, or remand. In summary procedure cases, appeal is also available but the judgment for possession in ejectment is immediately executory unless a supersedeas bond is posted and monthly rentals are deposited.
Petition for Relief from Judgment (Rule 38) – Filed within sixty (60) days after learning of the judgment but not more than six (6) months after entry. Available only on FAME grounds when other remedies are no longer available.
Petition for Certiorari (Rule 65) – To annul the order of default or judgment if issued with grave abuse of discretion amounting to lack or excess of jurisdiction.
Action for Annulment of Judgment (Rule 47) – Filed in the Court of Appeals within four (4) years from discovery of extrinsic fraud or at any time before prescription for lack of jurisdiction.
Courts liberally construe these remedies when the defendant demonstrates a valid defense and the failure was not deliberate.
VI. Special Rules and Considerations
- Ejectment Cases: These constitute the majority of MeTC dockets. The ten-day period is strictly enforced. Failure to answer results in swift eviction orders. Even if title is raised as a defense, it must be pleaded in the Answer; otherwise, it is waived.
- Multiple Defendants: Default of one does not affect the others unless solidarity or indivisibility applies.
- Government Entities: The Republic or its agencies are not declared in default without special authority from the Solicitor General.
- Foreign Defendants: Longer periods and requirements under the Convention on the Service Abroad of Judicial and Extrajudicial Documents may apply.
- Preliminary Conference and Judicial Dispute Resolution: In summary procedure, these stages are mandatory; non-participation after answer has been filed may still lead to adverse inferences but does not equate to default.
- Amendments and Supplemental Pleadings: Once default is declared, no amendment to the Answer is possible without first lifting the order.
- Interest, Damages, and Attorney’s Fees: Even in default, these must be specifically proved unless stipulated or authorized by law.
In all instances, the MeTC must ensure that the plaintiff’s complaint states a cause of action and that the relief granted does not exceed what is prayed for. A judgment that is patently unjust or unsupported by the pleaded facts may be reversed on appeal or annulled.
The rules on failure to file an Answer in Metropolitan Trial Courts are designed to balance the need for speedy justice with the constitutional guarantee of due process. Defendants who receive summons are placed on strict notice that inaction carries the risk of an adverse judgment without the opportunity to be heard on the merits. Prompt consultation with counsel and immediate preparation of a verified Answer, together with all supporting evidence, remain the most effective means of avoiding the severe consequences outlined above.