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    Rules On Summary Procedure

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    Diaz Law Office
    This document outlines a revised rule on summary procedure for civil and criminal cases in metropolitan, municipal, and municipal circuit trial courts in the Philippines. It aims to provide an expeditious and inexpensive determination of covered cases. The rule governs civil cases involving forcible entry/unlawful detainer or claims under $10,000, and criminal cases with penalties of less than 6 months imprisonment or $1,000 fine. It streamlines procedures for pleadings, preliminary conferences, evidence submission, and requires judgments be issued within strict timeframes.

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    © All Rights Reserved
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    Rules On Summary Procedure

    Uploaded by

    Diaz Law Office
    78 views3 pages
    This document outlines a revised rule on summary procedure for civil and criminal cases in metropolitan, municipal, and municipal circuit trial courts in the Philippines. It aims to provide an expeditious and inexpensive determination of covered cases. The rule governs civil cases involving forcible entry/unlawful detainer or claims under $10,000, and criminal cases with penalties of less than 6 months imprisonment or $1,000 fine. It streamlines procedures for pleadings, preliminary conferences, evidence submission, and requires judgments be issued within strict timeframes.

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    Rules on Summary Procedure

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    This document outlines a revised rule on summary procedure for civil and criminal cases in metropolitan, municipal, and municipal circuit trial courts in the Philippines. It aims to provide an expeditious and inexpensive determination of covered cases. The rule governs civil cases involving forcible entry/unlawful detainer or claims under $10,000, and criminal cases with penalties of less than 6 months imprisonment or $1,000 fine. It streamlines procedures for pleadings, preliminary conferences, evidence submission, and requires judgments be issued within strict timeframes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    78 views3 pages

    Rules On Summary Procedure

    Uploaded by

    Diaz Law Office
    This document outlines a revised rule on summary procedure for civil and criminal cases in metropolitan, municipal, and municipal circuit trial courts in the Philippines. It aims to provide an expeditious and inexpensive determination of covered cases. The rule governs civil cases involving forcible entry/unlawful detainer or claims under $10,000, and criminal cases with penalties of less than 6 months imprisonment or $1,000 fine. It streamlines procedures for pleadings, preliminary conferences, evidence submission, and requires judgments be issued within strict timeframes.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    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:

    I. 
    Applicability

    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:  

    A.  Civil Cases:

    (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.

    B.  Criminal Cases:

    (1)  Violations of traffic laws, rules and regulations; chanrobles virtual law library

    (2)  Violations of the rental law; chanrobles virtual law library

    (3)  Violations of municipal or city ordinances; chanrobles virtual law library

    (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.

    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.

    II. 
    Civil Cases

    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 

    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 chanrobles virtual law library

    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 chanrobles virtual law library

    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  chanrobles virtual law
    library

    (e)  Such other matters intended to expedite the disposition of the case.chanrobles virtual law
    library chanrobles virtual law library

    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
    librarychanrobles virtual law library

    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.

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