RESOLUTION
OF THE COURT EN BANC DATED OCTOBER 15, 1991 PROVIDING FOR THE
REVISED
RULE ON SUMMARY PROCEDURE FOR METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL
COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS.
Pursuant
to Section 36 of the Judiciary
Reorganization Act of 1980 (B.P Blg. 129) and to achieve an
expeditious
and inexpensive determination of the cases referred to herein, the
Court
Resolved to promulgate the following Revised Rule on Summary Procedure:chanroblesvirtuallawlibrary
Section
1. Scope. — This rule shall
govern the summary procedure in the Metropolitan Trial Courts, the
Municipal
Trial Courts in Cities, the Municipal Trial Courts, and the Municipal
Circuit
Trial Courts in the following cases falling within their jurisdiction:chanroblesvirtuallawlibrary
A.
Civil Cases:chanroblesvirtuallawlibrary
(1) All
cases of forcible entry and unlawful detainer, irrespective of the
amount
of damages or unpaid rentals sought to be recovered. Where attorney's
fees
are awarded, the same shall not exceed twenty thousand pesos
(P20,000.00).
(2) All
other civil cases, except probate proceedings, where the total amount
of
the plaintiff's claim does not exceed ten thousand pesos (P10,000.00),
exclusive of interest and costs.chanrobles virtual law library
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B. Criminal
Cases:chanroblesvirtuallawlibrary
(1) Violations
of traffic laws, rules and regulations;
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(2) Violations
of the rental law;
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(3) Violations
of municipal or city ordinances;
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(4) All
other criminal cases where the penalty prescribed by law for the
offense
charged is imprisonment not exceeding six months, or a fine not
exceeding
(P1,000.00), or both, irrespective of other imposable penalties,
accessory
or otherwise, or of the civil liability arising therefrom: Provided,
however,
that in offenses involving damage to property through criminal
negligence,
this Rule shall govern where the imposable fine does not exceed ten
thousand
pesos (P10,000.00).
This
Rule shall not apply to a civil case where the plaintiffs cause of
action
is pleaded in the same complaint with another cause of action subject
to
the ordinary procedure; nor to a criminal case where the offense
charged
is necessarily related to another criminal case subject to the ordinary
procedure.chanrobles virtual law library
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Sec.
2. Determination of applicability.
— Upon the filing of a civil or criminal action, the court shall issue
an order declaring whether or not the case shall be governed by this
Rule
A patently erroneous determination to avoid the application of the Rule
on Summary Procedure is a ground for disciplinary action.chanrobles virtual law library
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Sec.
3. Pleadings. —
A. Pleadings
allowed. — The only pleadings allowed to be filed are the complaints,
compulsory
counterclaims and cross-claims' pleaded in the answer, and the answers
thereto.
B. Verifications.
— All pleadings shall be verified.
Sec.
4. Duty of court. — After
the court determines that the case falls under summary procedure, it
may,
from an examination of the allegations therein and such evidence as may
be attached thereto, dismiss the case outright on any of the grounds
apparent
therefrom for the dismissal of a civil action. If no ground for
dismissal
is found it shall forthwith issue summons which shall state that the
summary
procedure under this Rule shall apply. d-c
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Sec.
5. Answer. — Within ten
(10) days from service of summons, the defendant shall file his answer
to the complaint and serve a copy thereof on the plaintiff. Affirmative
and negative defenses not pleaded therein shall be deemed waived,
except
for lack of jurisdiction over the subject matter. Cross-claims and
compulsory
counterclaims not asserted in the answer shall be considered barred.
The
answer to counterclaims or cross-claims shall be filed and served
within
ten (10) days from service of the answer in which they are pleaded.chanrobles virtual law library
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Sec.
6. Effect of failure to
answer. — Should the defendant fail to answer the complaint within the
period above provided, the court, motu proprio, or on motion of the
plaintiff,
shall render judgment as may be warranted by the facts alleged in the
complaint
and limited to what is prayed for therein: Provided, however, that the
court may in its discretion reduce the amount of damages and attorney's
fees claimed for being excessive or otherwise unconscionable. This is
without
prejudice to the applicability of Section 4, Rule 15 of the Rules of
Court,
if there are two or more defendants.
Sec.
7. Preliminary conference;
appearance of parties. — Not later than thirty (30) days after the last
answer is filed, a preliminary conference shall be held. The rules on
pre-trial
in ordinary cases shall be applicable to the preliminary conference
unless
inconsistent with the provisions of this Rule.chanrobles virtual law library
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The
failure of the plaintiff to appear in the preliminary conference shall
be a cause for the dismissal of his complaint. The defendant who
appears
in the absence of the plaintiff shall be entitled to judgment on his
counterclaim
in accordance with Section 6 hereof. All cross-claims shall be
dismissed.
If
a sole defendant shall fail to appear, the plaintiff shall be entitled
to judgment in accordance with Section 6 hereof. This Rule shall not
apply
where one of two or more defendants sued under a common cause of action
who had pleaded a common defense shall appear at the preliminary
conference.
Sec.
8. Record of preliminary
conference. — Within five (5) days after the termination of the
preliminary
conference, the court shall issue an order stating the matters taken up
therein, including but not limited to:chanroblesvirtuallawlibrary
(a) Whether
the parties have arrived at an amicable settlement, and if so, the
terms
thereof;
(b) The
stipulations or admissions entered into by the parties;.
(c) Whether,
on the basis of the pleadings and the stipulations and admissions made
by the parties, judgment may be rendered without the need of further
proceedings,
in which event the judgment shall be rendered within thirty (30) days
from
issuance of the order;
(d) A
clear specification of material facts which remain controverted;
and
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(e) Such
other matters intended to expedite the disposition of the case.chanrobles virtual law library
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Sec.
9. Submission of affidavits
and position papers. — Within ten (10) days from receipt of the order
mentioned
in the next preceding section, the parties shall submit the affidavits
of their witnesses and other evidence on the factual issues defined in
the order, together with their position papers setting forth the law
and
the facts relied upon by them.chanrobles virtual law library
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Sec.
10. Rendition of judgment.
— Within thirty (30) days after receipt of the last affidavits and
position
papers, or the expiration of the period for filing the same, the court
shall render judgment.
However
should the court find it necessary to clarify certain material facts,
it
may, during the said period, issue an order specifying the matters to
be
clarified, and require the parties to submit affidavits or other
evidence
on the said matters within ten (10) days from receipt of said order.
Judgment
shall be rendered within fifteen (15) days after the receipt of the
last
clarificatory affidavits, or the expiration of the period for filing
the
same.
The
court shall not resort to the clarificatory procedure to gain time for
the rendition of the judgment.
Sec.
11. How commenced. — The
filing of criminal cases falling within the scope of this Rule shall be
either by complaint or by information: Provided, however, that in
Metropolitan
Manila and in Chartered Cities. such cases shall be commenced only by
information,
except when the offense cannot be prosecuted de oficio.
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The
complaint or information shall be accompanied by the affidavits of the
compliant and of his witnesses in such number of copies as there are
accused
plus two (2) copies for the court's files.If
this requirement is not complied with within five (5) days from date of
filing, the care may be dismissed.chanrobles virtual law library
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Sec.
12. Duty of court. —
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(a) If
commenced by compliant. — On the basis of the compliant and the
affidavits
and other evidence accompanying the same, the court may dismiss the
case
outright for being patently without basis or merit and order the
release
of the amused if in custody.
(b) If
commenced by information. — When the case is commenced by information,
or is not dismissed pursuant to the next preceding paragraph, the court
shall issue an order which, together with copies of the affidavits and
other evidence submitted by the prosecution, shall require the accused
to submit his counter-affidavit and the affidavits of his witnesses as
well as any evidence in his behalf, serving copies thereof on the
complainant
or prosecutor not later than ten (10) days from receipt of said order.
The prosecution may file reply affidavits within ten (10) days after
receipt
of the counter-affidavits of the defense.
Sec.
13. Arraignment and trial.
— Should the court, upon a consideration of the complaint or
information
and the affidavits submitted by both parties, find no cause or ground
to
hold the accused for trial, it shall order the dismissal of the case;
otherwise,
the court shall set the case for arraignment and trial.
If
the accused is in custody for the crime charged, he shall be
immediately
arraigned and if he enters a plea of guilty, he shall forthwith be
sentenced.chanrobles virtual law library
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Sec.
14. Preliminary conference.
— Before conducting the trial, the court shall call the parties to a
preliminary
conference during which a stipulation of facts may be entered into, or
the propriety of allowing the accused to enter a plea of guilty to a
lesser
offense may be considered, or such other matters may be taken up to
clarify
the issues and to ensure a speedy disposition of the case.However,
no admission by the accused shall be used against him unless reduced to
writing and signed by the accused and his counsel.A
refusal or failure to stipulate shall not prejudice the accused.
Sec.
15. Procedure of trial.
— At the trial, the affidavits submitted by the parties shall
constitute
the direct testimonies of the witnesses who executed the same.
Witnesses
who testified may be subjected to cross-examination, redirect or
re-cross
examination. Should the affiant fail to testify, his affidavit shall
not
be considered as competent evidence for the party presenting the
affidavit,
but the adverse party may utilize the same for any admissible purpose.
Except
in rebuttal or surrebuttal, no witness shall be allowed to testify
unless
his affidavit was previously submitted to the court in accordance with
Section 12 hereof.chanrobles virtual law library
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However,
should a party desire to present additional affidavits or
counter-affidavits
as part of his direct evidence, he shall so manifest during the
preliminary
conference, stating the purpose thereof. If
allowed by the court, the additional affidavits of the prosecution or
the
counter-affidavits of the defense shall be submitted to the court and
served
on the adverse party not later than three (3) days after the
termination
of the preliminary conference. If the additional affidavits are
presented
by the prosecution, the accused may file his counter-affidavits and
serve
the same on the prosecution within three (3) days from such service.
Sec.
16. Arrest of accused.
— The court shall not order the arrest of the accused except for
failure
to appear whenever required. Release of the person arrested shall
either
be on bail or on recognizance by a responsible citizen acceptable to
the
court.
Sec.
17. Judgment. — Where a
trial has been conducted, the court shall promulgate the judgment not
later
than thirty (30) days after the termination of trial.chanrobles virtual law library
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Sec.
18. Referral to Lupon.
— Cases requiring referral to the Lupon for conciliation under the
provisions
of Presidential Decree No. 1508 where there is no showing of compliance
with such requirement, shall be dismissed without prejudice and may be
revived only after such requirement shall have been complied
with.
This provision shall not apply to criminal cases where the accused was
arrested without a warrant.chanrobles virtual law library
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Sec.
19. Prohibited pleadings
and motions. — The following pleadings, motions or petitions shall not
be allowed in the cases covered by this Rule:
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(a) Motion
to dismiss the complaint or to quash the complaint or information
except
on the ground of lack of jurisdiction over the subject matter, or
failure
to comply with the preceding section;
(b) Motion
for a bill of particulars;
(c) Motion
for new trial, or for reconsideration of a judgment, or for opening of
trial;
(d) Petition
for relief from judgment;
(e) Motion
for extension of time to file pleadings, affidavits or any other paper;
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(f) Memoranda;
(g) Petition
for certiorari, mandamus, or prohibition against any interlocutory
order
issued by the court;
(h) Motion
to declare the defendant in default;
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(i) Dilatory
motions for postponement;
(j) Reply;
(k) Third
party complaints;
(l) Interventions.
Sec.
20. Affidavits. — The affidavits
required to be submitted under this Rule shall state only facts of
direct
personal knowledge of the affiants which are admissible in evidence,
and
shall show their competence to testify to the matters stated therein.
A
violation of this requirement may subject the party or the counsel who
submits the same to disciplinary action, and shall be cause to expunge
the inadmissible affidavit or portion thereof from the record.chanrobles virtual law library
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Sec.
21. Appeal. — The judgment
or final order shall be appealable to the appropriate regional trial
court
which shall decide the same in accordance with Section 22 of Batas
Pambansa Blg. 129. The decision of the regional trial court in
civil
cases governed by this Rule, including forcible entry and unlawful
detainer,
shall be immediately executory, without prejudice to a further appeal
that
may be taken therefrom. Section 10 of Rule 70 shall be deemed
repealed.
Sec.
22. Applicability of the
regular rules. — The regular procedure prescribed in the Rules
of Court shall apply to the special cases herein provided for in a
suppletory capacity insofar as they are not inconsistent herewith.
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Sec.
23. Effectivity. — This
revised Rule on Summary Procedure shall be effective on November 15,
1991.chanrobles virtual law library
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