Salient Features of The Revised Rule On Summary Procedure

 

SALIENT FEATURES OF THE REVISED RULE ON SUMMARY PROCEDURE

By: Assoc. Dean Oscar B. Bernardo CIVIL CASES

The Rule on Summary Procedure (RSP) covers: 1. Forcibl Forcible e entry and unlaw unlawful ful detainer cases: plaintiff’s s claims is PhP300,0 PhP300,000 00 or less, 2.  All other civil cases where plaintiff’ outside Manila or PhP400,000 or less, within Metro Manila, exclusive of interest and costs of suit. (See: RA 7691) Probate proceedings are not covered by the Rule on Summary Procedure The RSP does not apply to a civil case where another cause of action pleaded in the same complaint is subject to the regular procedure. 3. Pleadings allowed are the complaint, compulsory counterclaim and cross-claim pleaded in the answer, answer to complaint, answer to compulsory counterclaim and answer to cross-claim. 4. The court may dismiss the case on any of the grounds for dismissal of a civil action. If there is no ground for dismissal, it shall issue summons to defendant to file his answer to the complaint within 10 days from service of summons. 5. Grounds for di dismissal smissal of compla complaint int in civil cases: a. on any valid ground for dismi dismissal ssal by the court motu proprio (Sec. 1, Rule 9; Sec. 12, Rule 15) b. where there a ground of lack of jurisdiction over the subject matter c. where there iis s lack of prior referral o off the case befor before e the Barangay Barangay d. where there is failure of plaintiff in civil case to appear at the Preliminary Conference 6. Failure of defendant to answer the complaint on time is a ground, upon motion of plaintiff or initiative of the court motu proprio, for rendition of  judgment as may be warranted by the facts alleged in the complai complaint nt and limited to what is prayed for therein. 7. Failure of plaintiff to appear at the preliminary conference is a ground for dismissal of the complaint. Presence of defendant in the absence of the plaintiff is a ground for rendition of judgment on his compulsory counterclaim. countercla im. All cross-claims shall be dismissed. dismissed. Failure of sole defendant to appear at the preliminary conference is a ground for rendition of judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for therein. This rule does not apply when one of two or more defendants sued under a common cause of action and pleaded a common defense appears at the preliminary conference. 8. Parties are required to submit their affidavits and of their witnesses, supporting evidence, and position papers, within 10 days from receipt of the Preliminary Conference Order.

 

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9. The court may order the parties to submit clarificatory affidavits and other evidence to clarify specific matters stated in the clarificatory order. 10. Rendition of judgment shall be made by the court within 30 days from receipt of the last affidavits and position papers or the expiration of the period for filing the same. CRIMINAL CRIM INAL CASES

The Rule on Summary Procedure (RSP) covers: 1. Violations of traffic la laws, ws, rules and regu regulations. lations. 2. Violations of the rental law. law. 3. Violations of mu municipal nicipal or city ordina ordinances. nces. 4. Violations of BP 22 or The Bouncing Checks Law. 5. All other criminal cases where imposable imprisonment is 6 months (arresto mayor) or less or imposable fine of PhP1,000 or less, regardless of other imposable penalties or of civil liability arising therefrom. 6. Damage to property th through rough criminal negligence where imposable fine is PhP10,000 or less. The RSP does not apply where the offense charged is necessarily related to another criminal case subject to regular procedure. 7. The filing of complaint or information shall be accomp accompanied anied by affidavits of complainant and of his witnesses within 5 days from date of filing. The filing of counter-affidavit of the accused and affidavits of his witnesses and other evidence shall be made within 10 days from receipt of court order requiring him to do so. 8. Reply affidavit of the complainant may be filed within 10 days from receipt of counter-affidavit of the accused. 9. Grounds for dismissal of Criminal Complaint or Information in criminal cases: a. where there is ground of lack of jurisd jurisdiction iction over the offense charged b. where there is lack of prior referral of the case before the Barangay c. where there is no accompaniment of affidavits of complainant and of his witnesses within 5 days from filing of the Criminal Complaint or Information d. where Criminal Complaint or Informat Information ion is patently without basis or merit e. where, before arraignment and trial, there is court finding of lack of cause or ground to hold the accused for trial, the court motu proprio shall dismiss the criminal case 10. At the preliminary conference, the accused may be allowed to plead guilty to a lesser offense. Stipulation of facts or admissions by the accused must be in writing and signed by the accused and his counsel to be binding binding against the accus accused. ed. A refusal or failure failure to stipulate shall not prejudice the accused. The parties may submit additional affidavits/additional counteraffidavits when allowed by the court, upon motion taken at the preliminary prelimin ary conference. Criminal cases subject to RSP shall not be referred to mediation. (Revised Guidelines for Continuous Trial of Criminal Cases)

 

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11.

At the trial, affidavits affidavits submitted by the parties shall constitut constitute e direct testimonies of witnesses subject to cross-examination, re-direct or recross examination. Affidavits of witnesses who failed to testify shall not be considered as competent evidence but the adverse party may use the same for f or any admissible purpose. No witness shall be allowed to testify unless he previously submitted his affidavit to theaffidavits court. Howeve court. However, r, witnesses may bestage. allowe allowed d to testify without previous on rebuttal or surrebuttal The court shall not order the arrest of the accused, except for failure to appear whenever required. Promulgation of judgment shall be made within 30 days from termination of trial. PROVISIONS COMMON TO CIVIL CASES AND CRIMINAL CASES

1. Non-referra Non-referrall of the complaint requiring Barangay conciliation proceeding is a ground for dismissal without prejudice, subject to revival after compliance therewith. However, Barangay referral is not required where the accused was arrested without warrant of arrest. 2. Under the RSP, the following pleadings, motions, or petitions are prohibited: a. Motion to dismiss/motion to quash complaint or information However, the following motions are allowed: 1) Motion to dismiss on ground of lack of jurisdiction over the subject matter in civil cases. 2) Motion to quash on ground of lack of jurisdiction over the offense charged in criminal cases 3) Motion to dismis dismiss s on ground of ffailure ailure to comply with the t he requirement of prior referral to the Barangay b. Motion for bil billl of partic particulars ulars c. Motion for new trial, motion for reconsideration of judgment, or motion for reopening of trial d. Petition for relief from judgment e. Motion for extension of time to file pleadings, affidavits, or any other f. g. h. i.  j.

papers Memoranda Certiorari, prohibition, or mandamus against any interlocutory order Motion to declare defendant in default Dilatory motion for postponement Reply, third-party third-party complai complaint, nt, and interve intervention ntion

3. The judgment or final order of the MeTC, MTCC, MTC, or MCTC is appealable to the proper Regional Trial Court under Rule 40. The decision of the Regional Trial Court is further appealable to the Court of Appeals by way of Petition for Review under Rule 42. 4. The regular procedures under the Revised Rules of Court apply suppletorily to the cases covered by the Rule on Summary Procedure. ----oOo---

 

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