Resolution of the Court En Banc Providing for the Rule on Summary Procedure in Special Cases before Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, as Amended

August 1, 1983

RESOLUTION OF THE COURT EN BANC PROVIDING FOR THE RULE ON SUMMARY PROCEDURE IN SPECIAL CASES BEFORE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS, AS AMENDED

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 Rule on Summary Procedure. TCIDSa

I

To What Cases Applicable

SECTION 1. Scope. — This rule shall govern the procedure in the Metropolitan Trial Courts, the Municipal Trial Courts, and the Municipal Circuit Trial Courts in the following cases:

A. Civil Cases:

(1) Cases of forcible entry and unlawful detainer, except where the question of ownership is involved, or where the damages or unpaid rentals sought to be recovered by the plaintiff exceed twenty thousand pesos (P20,000.00) at the filing of the complaint;

(2) All other civil cases, except probate proceedings, falling within the jurisdiction of the above-mentioned courts, where the total amount of the plaintiff's claim does not exceed ten thousand pesos (P10,000.00), exclusive of interest and costs.

B. Criminal Cases:

(1) Violations of traffic laws, rules and regulations;

(2) Violations of the rental law;

(3) Violations of municipal or city ordinances;

(4) All other criminal cases where the penalty prescribed by law for the offense charged does not exceed six months imprisonment, or a fine of one thousand pesos (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).

II

Civil Cases

SECTION 2. Pleadings. —

A. Pleadings allowed. — The only pleadings allowed to be filed are the complaint and the answer (to the complaint, counterclaim or cross-claim). If the defendant has a cross claim or a compulsory counterclaim, the same must be asserted in the answer, or be considered barred.

B. Verification. — All pleadings must be verified.

SECTION 3. Duty of Court upon Filing of Complaint. — Upon the filing of the complaint, the court, from a consideration of the allegations thereof —

A. may dismiss the case outright due to lack of jurisdiction, improper venue, failure to state a cause of action, or for any other valid ground for the dismissal of a civil action; or

B. if a dismissal is not ordered, shall make a determination whether the case falls under the summary procedure. In the affirmative case, the summons must state that the summary procedure under this Rule shall apply.

SECTION 4. Answer. — Upon being served with summons, the defendant must answer the complaint within ten (10) days from service thereof. The answer to a counterclaim or crossclaim must be filed within ten (10) days from service thereof. AHDcCT

SECTION 5. Effect of Failure to Answer. — Should the defendant fail to answer the complaint, crossclaim or permissive counterclaim within the reglementary 10-day period herein 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 except as to the amount of damages which the court may reduce in its discretion.

SECTION 6. Preliminary Conference. — Not later than thirty (30) days after the last answer is filed, the case shall be calendared for a preliminary conference. Among other matters, should the parties fail to arrive at an amicable settlement, the court must clarify and define the issues of the case, which must be clearly and distinctly set forth in the order to be issued immediately after such preliminary conference, together with the other matters taken up during the same.

SECTION 7. Submission of Affidavits. — Within ten (10) days from receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits of witnesses and other evidences on the factual issues defined therein, together with a brief statement of their positions setting forth the law and the facts relied upon by them.

SECTION 8. Judgment; Hearing, When Ordered. — Should the court find, upon a consideration of the pleadings, the affidavits and other evidences, and position statements submitted by the parties, that a judgment may be rendered thereon without need of a formal hearing, it may proceed to render judgment not later than fifteen (15) days from the submission of the position statements of the parties. acITSD

In cases where the judge deems it necessary to hold a hearing to clarify specific factual matters before rendering judgment, he shall set the case for hearing for the purpose. At such hearing, witnesses whose affidavits were previously submitted may be asked clarificatory questions by the proponent and by the court and may be cross-examined by the adverse party.

The order setting the case for hearing shall specify the witnesses who will be called to testify, and the matters on which their examination will deal.

III

Criminal Cases

SECTION 9. How Commenced. — The prosecution of criminal cases falling within the scope of this Rule shall be either by complaint or by information filed directly in court without need of a prior preliminary examination or preliminary investigation: Provided, however, that in Metropolitan Manila and Chartered Cities, such cases shall be commenced only by information; Provided further, that when the offense cannot be prosecuted de oficio, the corresponding complaint shall be signed and sworn to before the fiscal by the offended party.

The complaint or information must be accompanied by the affidavits of the complainant and of his witnesses in such number of copies as there are defendants plus two (2) copies for the court's files. ETHCDS

SECTION 10. Duty of Court. — On the basis of the complaint or information and the affidavits accompanying the same, the court shall make a preliminary determination whether to dismiss the case outright for being patently without basis or merit, or to require further proceedings to be taken. In the latter case, the court may set the case for immediate arraignment of an accused under custody, and if he pleads guilty, may render judgment forthwith. If he pleads not guilty, and in all other cases, the court shall issue an order, accompanied by copies of all the affidavits submitted by the complainant, directing the defendant(s) to appear and submit his counter-affidavit and those of his witnesses at a specified date not later than ten (10) days from receipt thereof.

Failure on the part of the defendant to appear whenever required, shall cause the issuance of a warrant for his arrest if the court shall find that a probable cause exists after an examination in writing and under oath or affirmation of the complainant and his witnesses.

SECTION 11. When Case Set for 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 defendant for trial, it shall order the dismissal of the case; otherwise, the court shall set the case for arraignment and trial.

SECTION 12. Bail not required; Exception. — No bail shall be required except when a warrant of arrest is issued in accordance with Section 10 hereof or where the accused (a) is a recidivist; (b) is a fugitive from justice; (c) is charged with physical injuries; (d) does not reside in the place where the violation of the law or ordinance was committed, or (e) has no known residence.

SECTION 13. Preliminary Conference. — Before conducting the trial, the court may call the parties to a preliminary conference during which stipulation of facts may be entered into, or the propriety of allowing the defendant 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 shall be used against the defendant unless reduced to writing and signed by the defendant and counsel. A refusal or failure to stipulate shall not prejudice the defendant.

SECTION 14. Procedure of Trial. — Upon a plea of not guilty being entered, the trial shall immediately proceed. 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. 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.

No witness shall be allowed to testify unless he had previously submitted an affidavit to the court in accordance with Sections 9 and 10 hereof. STIHaE

IV

Common Provisions

SECTION 15. Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:

(a) Motion to dismiss or to quash

(b) Motion for a bill of particulars

(c) Motion for new trial, or for reconsideration, or for reopening of trial

(d) Petition for relief from judgment

(e) Motion for extension of time to file pleadings, affidavits or any other paper

(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

(i) Dilatory motions for postponement

(j) Reply

(k) Third party complaints

(l) Interventions

SECTION 16. 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. cAHITS

 

SECTION 17. — Hearing and Judgment. — In cases where a hearing is ordered, the same must be finished on the same date set therefor, insofar as practicable. The judgment in the case must be rendered within fifteen (15) days from termination of the trial

SECTION 18. Appeal. — The judgment or final order, including that rendered under Section 5 hereof, shall be appealable to the appropriate regional trial court which shall decide the same on the basis of the records, in accordance with Section 22 of Batas Pambansa Blg. 129. The decision of the regional trial court in such civil cases shall be immediately executory.

SECTION 19. 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. AaIDCS

SECTION 20. Effectivity. — This Rule shall be effective on August 1, 1983.