Practice question
A claimant seeks recovery of a motorcycle and alternatively its value if delivery cannot be made. All facts place the case within the first-level court’s jurisdiction and summary-procedure coverage. Counsel says the alternative money prayer necessarily converts replevin into small claims. Which is correct?
- The alternative prayer does not itself convert recovery of personal property into a simple small claim
- Every alternative value prayer creates small claims
- Replevin never involves factual issues
- A motorcycle automatically exceeds all first-level jurisdiction
- All provisional remedies abolish jurisdiction
Legal references
- RA11576 first-level civil jurisdiction amendments: https://lawphil.net/statutes/repacts/ra2021/ra_11576_2021.html
- OCA Circular280-2023, Supreme Court Committee FAQs on2022 Expedited Procedures, questions3,4,8,9: https://oca.judiciary.gov.ph/wp-content/uploads/OCA-Circular-No.-280-2023.pdf
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