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RSP 1991 Vs 2022

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19 views9 pages

RSP 1991 Vs 2022

Uploaded by

Dash Bencio
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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REVISED RULES ON SUMMARY PROCEDURE

1991 2022
B. CRIMINAL CASES
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.

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.

***OMISSION AND
ADDITIONALSSS
Sec. 12. Duty of court. —

(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.

***OMISSION AND
ADDITIONALSSS

***WHOLE SECTION
ADDED IN 2022
***WHOLE SECTION
ADDED IN 2022

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.

***HALOS NAPALITAN
LAHAT
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.

***SCRAPPED,
ABSORBED IN SEC. 5 OF
2022 AND NAGING PRE-
TRIAL CONFERENCE
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.

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.

***OMISSION AND
ADDITIONALSSS (HALOS
NAPALITAN LAHAT)

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.

***SCRAPPED

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.
***OMISSION AND
ADDITIONALSSS
C. APPEALS IN SUMMARY PROCEDURE
***WALANG APPEALS SA
1991

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