LECTURE NOTE ON THE REVISED RULE ON SUMMARY PROCEDURE By ADOLFO R. MALINGAN Presiding Judge MCTC, Kabayan-Bokod, Benguet First Judicial Region Associate Professor II-A, College of Law & CCJE, University of Baguio College of Law & CCJE, Cordillera College; CCJE, University of the Cordilleras; Regular Guest Lecturer, PPSC-CARTS & NAPOLCOM; and BAR & Board Exam Reviewer
RATIONALE FOR THE RULE
Pursuant Pursuant to Section 36 of Batas Pambansa Bilang 129, 129, as amended, amended, otherwise known as the Judiciary Reorganization Act of 1980 and 1980 and to to achieve an expeditiou expeditious s and inexpensiv inexpensive e determinati determination on of the cases referred referred to therein, therein, and without regard to the technical rules, rules , the Supreme Court in an En Banc Resolutions dated June 16, 1983 and amended on July 29, 1983, 1983, promulgated the Rule on Summary Procedure. Procedure.
The Rule on Summary Procedure took effect on August 1, 1983 and had undergone several reviews and amendments. The Supreme Court came up with the Revised Rule on Summary Procedure on October 15, 1991 and became effective on November 15, 1991 (Sec. 23, RRSP).
Again the Supreme Court amended Section amended Section 1. A (2) of the Revised Rule on Novemb November er 12, 2002 by increa increasin sing g the amount amount of the plaintiff plaintiff’s ’s claim claim from from Ten Thou Thousa sand nd Peso Pesos s (Php (Php 10,0 10,000 00.0 .00) 0) to One One Hund Hundre red d Thou Thousa sand nd Peso Pesos s (Php (Php 100,000.00)
or,
Two Two
Hund Hundre red d
Tho Thousan usand d
Pesos esos
(Ph (Php.
200, 200,00 000. 0.00 00))
in
Metropolitan Manila, Manila, exclusive of interest and costs. (This applies to civil cases only). This This amendm amendment ent took took effect effect Novemb November er 25, 2002 2002 .(
1
as per per EN BANC ANC
RESOLU RESOLUTIO TION N in
Admini Administ strat rative ive Matter Matter No. 02-11-0902-11-09-SC SC dated dated Novemb November er 12,
2002 )
The latest amendment on this Revised Rule is the inclusion inclusion within within its coverage violations of B.P. BLG. 22, otherwise known as the Bouncing Check Law, Section 1. B (4 ). (This applies ap plies to criminal cases). This amendment took effect on April on April 15, 2003. 2003. ( as per EN BANC RESOLUTION in Administrative Matter No.0011-01-SC dated March 25, 2003 ).
The radical innovation and amendments was most welcomed by the bench particularly the First Level Trial Courts Judges ( MTC s’ as it greatly helped in the unclogging of their dockets ).This is an abandonment of the excessive concern for the technicalities and procedural niceties but sincere concern of Lawyers to the cause of truth and substantial justice without sacrificing our due process of law.
The The very very hear heartt of the the Summ Summar ary y Proc Procedu edure re is the the use use of AFFIDAVITS of AFFIDAVITS (including SWORN STATEMENT STATEMENTS S prepared prepared by investigat investigating ing police police officers officers and other law enforcement officers ) and POSITION PAPERS to PAPERS to replace direct and oral testimonies of the parties or their witnesses but there is still cross-examination, and re-cross examination. The cross examiner and the presiding judge can ferret out inaccuracies from the affidavits/sworn statements or position papers. It is therefore important that the preparation of affidavits and sworn statements, counter-affidavits, reply affidavits must be given careful attention.
The Revise Revised d Rule Rule on Summar Summary y Proced Procedure ure provid provides es applic applicabi abilit lity y of the Regular Regular Rules Rules ( 2000 2000 Revised Revised Rules of Crimina Criminall Procedure Procedure )
to special special cases cases
provided for in a suppletory capacity insofar as they are not inconsistent therewith. ( Sec 22, RRSP).
TO WHAT CASES THIS RULE APPLICABLE
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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 (or in short, the FIRST LEVEL COURTS) in the following cases 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 (Php 20,000.00); (2) All other civil cases, except probate proceedings, WHERE THE TOTAL AMOUNT OF THE PLAINTIFF’S CLAIM DOES NOT EXCEED ONE HUNDRED THOUSAND PESOS ( Php 100,000.00) or, TWO HUNDRED THOUSAND PESOS ( Php 200,000.00 ) IN METROPOLITAN MANILA, EXCLUSIVE OF INTEREST AND COSTS. ( Bold face supplied)
NOTE :
The above-quoted amendment took effect November 25, 2002.
B.) CRIMINAL CASES : (1) Violations of traffic laws, rules and regulations; (2) Violations of the rental laws (3) Violations of municipal or city ordinances; (4) VIOLATIONS OF BATAS PAMBANSA BILANG 22 (Bouncing Check Law ); ( Bold face supplied )
NOTE: The above-quoted amendment shall take effect April 15, 2003.
(5) All
offenses involving
damage to property through
criminal
negligence (see Art. 365 of the RPC- Criminal negligence cases) where the imposable penalty of fine does not exceed Ten Thousand
3
Pesos ( Php 10,000.00 ) in short, the amount of damage must not exceed P3,333.33.; (6) All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding Six (6) months, or a fine not exceeding One Thousand Pesos ( Php 1,000.00 ), or both, irrespective of other impossible penalties, accessory or otherwise, or of the civil liability arising therefrom.
Determination and Non-applicability of the Rule.
The Revised Rule on Summary Procedure shall not apply to a civil case where the plaintiff’s cause of action is pleaded in the same complaint with another cause of action subject to the regular procedure, or to a criminal case subject to the regular procedure.
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 the rule.
A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action. ( Secs. 1 & 2 RRSP )
PROSECUTION OF CRIMINAL CASES
SECTION 11. How Commenced .- The filing of criminal cases falling within the scope of this Rule shall 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.( i.e
those private crimes enumerated in Section 5, Rule 110 of the
Revised Rules of Criminal Procedure. e.i. seduction, acts of lasciviousness, etc. ).
The complaint or information shall be accompanied by the affidavits or sworn statements of the complainant and of his witnesses in such number of copies as
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there are accused plus two (2) copies for the court’s files. If this requirement is not complied within five (5) days from date of filing, the case may be dismissed.
NOTE : This is a mandatory provision as the law uses the word SHALL [(Sec. 11 par. 2 (last sentence)]
NOTE :
Rule 110 of the Regular Rules on Criminal Procedure shall be
applicable with this Section as far as prosecution of offenses is concern. ( i.e., Sec. 2, in what form, in whose name, & against whom criminal actions prosecuted; Secs. 3 & 4 , definitions of a complaint or information; and etc.)
NON-COMPLIANCE WITH THIS REQUIREMENT:
(a) No accompanying affidavits/sworn statements – The court may dismiss the case. There are instances when the prosecutor’s office fails to attach the affidavits or sworn statements of the complainant and his witnesses and other supporting documents. What shall be done? While the law provides for the dismissal of the case, in the interest of justice, the Court shall order the prosecutor to submit the affidavits or sworn statements and other supporting documents on time. The time of the court is wasted and it has no choice but to dismiss the case if not complied within the given period. (b) Insufficient number of copies filed – The court shall require additional copies. The reason is, the accused is entitled to a copy of the affidavits or sworn statements and other supporting documents for him to intelligently prepare his counter-affidavit if the court require him to do so. (c) Un sworn affidavits or sworn statements – To have the affidavits or sworn statements sworn to ( in the first place if the affidavits or sworn statements are not under oath the case shall not have been filed).
NOTE : The prosecution of criminal actions is under the direction and control of the public prosecutor. Section 5, Rule 110 of the Regular Rules is applied
5
in a suppletory capacity. Hence, the prosecution has the duty to comply with the previously mentioned requirements with diligence.
DUTY OF THE COURT WHEN A CRIMINAL ACTION IS FILED
SECTION 12. Duty of Court . –
(a) If commenced by complaint – on the basis of the complaint and the affidavits (or sworn statements) 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 accused if in custody.
(b) If commenced by information – when the case is commenced by information, (or the complaint if not dismissed pursuant to the next preceding paragraph), the court shall issue an order which together with copies of the affidavits or sworn statements 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 to 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-affidavit of the defense.
NOTE : Section 20 of this Rule must be complied with. That is, the affidavits (or sworn statements) shall state only facts of direct personal knowledge of the affiants (or declarants) 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 counsel who submits the same to disciplinary action, and shall cause to expunge ( to strike from the record ) the inadmissible affidavit (or sworn statement) or portion thereof from the record.
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NOTE: Section 36, Rule 130 (Regular Rules on Evidence) is also applied in a suppletory capacity here. “ A witness can testify only to those facts which he knows of his own direct personal knowledge, those that are derived from his own perception.” (Bold face supplied)
“Other evidence,” as mentioned in this Rule, refers to object or documentary evidence other than testimonial evidence. i.e. medico-legal certificate; permit to engage in business; license of firearms; settlement in the barangay if any, and others.
The submission of all the affidavits, supplemental or additional affidavits or sworn statements, counter-affidavits, reply affidavits is a mandatory provision. This rule was reiterated in the case of Placer vs. Villanueva, 126 SCRA 463.
The reason for this is obvious – the courts, after considering the affidavits or sworn statements submitted may dismiss the case without need of setting the same for arraignment. In fact, this is the second opportunity for the court to consider the case whether to dismiss it or set it for arraignment. If the court dismisses the case based on the affidavits or sworn statements submitted, the accused is saved from the trauma of being arraigned. If the court dismissed a case outright due to lack of affidavits or sworn statements, it must be remembered that “Motion for Reconsideration” is prohibited under the Summary Rule.[ Section 19 (c)].
It should be emphasized that the prosecution should not fail to submit replyaffidavits before arraignment.
ARRAIGNMENT, PRELIMINARY CONFERENCE AND TRIAL
SECTION
13. Arraignment
and
trial .-
Should
the
court,
upon
a
consideration of the complaint or information and the affidavits (or sworn statements) submitted by both parties, find no cause or ground to hold the accused for trial, it
7
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.
NOTE : The provisions of Rule 116 of the Regular Rules on Arraignment & plea shall be applied in a suppletory capacity.
Query: Should the accused be arraigned immediately without giving him the opportunity to submit his counter-affidavit or affidavits of his witnesses? Suppose he does not plead guilty to the offense charged? In this situation, the procedure that I have adopted in my court is to require the accused to submit the necessary counter-affidavit and the affidavits or sworn statements of his witnesses pursuant to Section 12(b) of the Rule before he is arraigned because it can happen that the court will dismiss the case after the submission of the counter-affidavit.
If he fails to appear as required by the court then warrant for his arrest be issued.
Suppose the accused does not have specific address – should a warrant of arrest be issued? The answer is in the affirmative.
This is an exception provided under Section 12 of the old Rule – This is not expressly provided under the Revised Rule on Summary Procedure. For how can you summon the accused without specific address.
Suppose the accused is not a resident of the place within the territorial jurisdiction of the court and no specific or particular address, should a warrant of
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arrest be issued? This is not clearly stated in the Revised Rule but my court had adopted the issuance of warrant.
SECTION 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 (b) the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or (c) such other matters may be taken up to clarify the issues and to ensure a speedy d isposition 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.
Note: In actual practice, the pre-marking of evidence of the parties may be included in the matters to be taken up during the preliminary conference for easy reference of the appellate court in case of appeal.
Interestingly enough, the summary procedure provides for a preliminary conference, which is practically a pre-trial (under the Regular Rules – Rule 118) and the Speedy Trial Act of 1998 (RA No. 8493, as implemented in Circular No. 38-98).
It is during this stage of the proceeding that the court shall require the parties to consider the following: (a) Plea bargaining; (b) Stipulation of facts; (c) Marking for identification of exhibits of the parties; (d) Waiver of the presentation of oral testimonies; (e) Other matters to clarify the issues, etc.
The provision, “ such other matters to clarify the issues and to ensure the speedy disposition of the case” include such matters of settling the civil aspect of the
consequential damages resulting from the crime committed. The principle
remains that criminal cases cannot be compromised, except those cases specifically
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authorized by law to be compromised .( Ex. Crim negligence cases, viol. of SSS law, BIR laws, Customs Laws)
So, if there is a settlement of the civil aspect of the case, is the criminal case compromised?
The answer is NO .
It must be remembered that offenses cause two (2) classes of injuries: (a) SOCIAL INJURY – produced by the disturbance and harm as a result of the offense, and the offended party here is the People of the Philippines – as an outrage against the sovereignty of the State. (b) PERSONAL INJURY – which is the damage suffered by the victim of the offense to his person, property, honor or chastity.
SOCIAL INJURY is
repaired
or
vindicated
by
the
imposition
of
the corresponding penalty. This is the criminal aspect while -
PERSONAL INJURY is repaired by the indemnity. This is the civil aspect but may be waived by the victim. Hence, if the parties settled and the prosecution moves for the dismissal of the case, the same should not be based on the ground that the parties have settled the civil aspect of the case but rather, the complainant is no longer interested to pursue his complaint and without his testimony the guilt of the accused cannot be established beyond reasonable doubt by the public prosecutor who is in control of the prosecution who moves for the dismissal of the case for insufficiency of evidence.
PROCEDURE OF THE TRIAL PROPER
SECTION 15. Procedure of trial. – At the trial, the affidavits (or sworn statements) submitted by the parties shall constitute as the direct testimonies of the witnesses who executed the same. Witnesses who testified may be subjected to cross-examination, re-direct or re-cross-examination. Should the affiant fail to
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testify, his affidavit (or sworn statement) shall not be considered as competent evidence for the party presenting the affidavit (or sworn statement), but the adverse party may utilize the same for any admissible purpose.
Except on rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit (or sworn statement) was previously submitted to the court in accordance with Section 12 hereof.
However, should a party desire to present additional affidavits (or sworn statements) 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 (or sworn statements) 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 (or sworn statements) 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.
Query: If the prosecution and the defense agree to submit the case for resolution, waiving the right to cross-examine the witness, then – May a witness be allowed to correct or supplement the contents of his affidavit? To clarify matters the court may allow clarificatory questions in the light of Section 15 3rd par. And the ruling in the case of Biala vs Court of Appeals, 191 SCRA 50 and in the case of Peo. vs, Lovenia, 187 SCRA 47 , it has been ruled that an affidavit being ex-parte is almost always incomplete and inaccurate and are generally considered inferior to the testimony given in open court and may give rise to contradictions between his affidavits and his testimony. The affidavit always discloses the whole facts and will often times describe only some of the material occurrences narrated. It is common knowledge that if the statement is taken by the police officer it is usually incomplete. Such situation though allowed, the court must
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see to it that the questions are only clarificatory in order to put meaning to the intent and spirit of the Rule on Summary Procedure. It must be remembered, however, that there is more sufficient time for the parties to submit clarificatory affidavits before arraignment.
In the following cases, I believe there is a need to propound questions on matters that are not contained in the affidavits or sworn statements –
(a) In Physical Injury Cases – It is common knowledge that the fact on injuries sustained and related circumstances are contained in the affidavit and does not mention the pecuniary liabilities such as indemnification of consequential damages. (b) In Oral Defamation Cases and other similar cases where damages may be awarded. (c) In Reckless Imprudence Cases resulting to crimes against persons or crimes against property. Seldom do we find affidavits or sworn statements alleging pecuniary liabilities.
Question: May a witness be allowed to testify if he did not execute any affidavit?
Answer:
The general rule is NO, he cannot be allowed to testify. However, there
are situations where a witness must be allowed even if he did not execute an affidavit or sworn statement and these, I believe, are the exceptions: (a) Doctors who will be presented as witnesses in connection with the medico-legal certificates they issued; (b) Traffic Police Investigators who will be presented as to their investigation reports; (c) Evidence custodians as to the evidence in their custody; (d) As mentioned earlier, a rebuttal or surrebuttal witness.
Under the last paragraph of Section 15 of the Rule, it would seem that the rule allows submission of additional affidavits or counter-affidavits as part of his
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direct evidence after the arraignment. In the wo rds of the law… “However, should a party desire to present additional affidavits or counter-affidavits as part of his 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.”
In the case of Court of Appeals vs. Metropolitan Trial Court of Manila, AC- G.R. SP 09140, May 23, 1985 , the court ruled that this is tantamount to extension of time to file affidavits and other evidence which is prohibited pleading hence, said affidavits are no longer admissible. In the trial proper, the procedure can still be abbreviated if the prosecution and defense agree to submit the case for resolution based on the affidavits submitted waiving the right to cross-examine the witnesses. They just marked their documentary exhibits and offer them with their purpose(s) without need of presenting the witnesses to identify their affidavits.
SECTION 16. Arrest of Accused. – The court shall not order the arrest of the accused except for failure to appear whenever required. Release the person arrested shall either be on bail or on recognizance by a responsible citizen acceptable to the court.
NOTE: In cases of minors, more often than not, they remain in custody of the law because their parents or relatives refuse to come to court even if summoned hence, the minors are not released on recognizance. There was an instance where a minor was released and after a few hours, he was stabbed.
SECTION 17. Judgment . – The court shall promulgate the judgment not later than thirty (30) days after the termination of the trial.
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Under the regular rules, the parties are allowed to submit memoranda. In this rule, submission of memoranda is prohibited. But it is observed that some lawyers still pray for time to submit memorandum or simultaneous memoranda.
PROSECUTION OF CIVIL CASES.
SECTION 3. Pleadings.
A.) Pleadings allowed.- Complaints, Compulsory Counterclaims and Crossclaims pleaded in the answer, and the answers thereto. B.) Verification. – All pleadings shall be verified. The Court shall not dismiss the case outright but issue an order requiring the party or counsel concerned to verify the same.
NOTE : Section 1 (A) of the Rule enumerates the scope of civil cases.
SECTION 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.
SECTION 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 Counter-claims 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.
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The period to file answer not extendible. Motions for Extension of Time to File Pleadings, affidavits or any paper are prohibited
A Motion to Dismiss or Quash is a prohibited pleading. But the Court has the preliminary duty to examine a complaint immediately upon its filing to see actually whether grounds for a motion to dismiss exist to warrant the dismissal of the case, such as improper venue, failure to state a cause of action or any valid ground for the dismissal of a civil action.
NOTE : What was left primarily to the initiative of the parties before, is now a principal function of the Courts.
Suppose that the Court makes a mistake of not including the case as one of those covered by this Rule, any party interested should call the attention of the Court through an appropriate motion. If the Court does not agree, the movant should pursue the necessary and appropriate remedies.
SECTION 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 18 (Pre-Trial) of the Rules of Court, if there are two or more defendants.
If no Answer is filed, the defendant(s) are not declared in default. In fact, the Motion to Declare the Defendant in Default is prohibited. Yet, there are still some lawyers who file motions to declare defendant in default even if the case falls under the Rule of Summary Procedure. But the Court motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts “alleged in the
15
complaint”. The judgment is expressly limited to what is prayed for therein. The amount of damages, however, maybe reduced by the Court in its discretion. It is worth mentioning at this point that the only damages that can be recovered in an ejectment suit are the fair rental compensation for the use and occupation of the real property. Other damages such as unpaid water and electric bills must be claimed in an ordinary action. Felisida vs. Villanueva, 139 SCRA 431.
NOTE : There is no longer any trial or ex-parte hearing at which facts alleged will have to be proved. It must be made clear, however, that the complaint is verified, that means that the plaintiff swears to the alleged facts from his own personal knowledge.
SECTION 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.
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 counter-claim 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.
NOTE : This presupposes that an answer is filed. The case undergoes a preliminary conference which is set not later than 30 days after the last Answer is filed. The rule on Pre-Trial under the regular rules- Rule 18 is applied in a suppletory capacity.
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NOTE: Since the purpose of the Rule is to expedite procedure, efforts are exerted to arrive at an amicable settlement and to define the issues of the case .
Within five (5) days after preliminary conference, the Court shall issue an Order which clearly and distinctly sets forth the issues of the case and the matters taken up during the preliminary conference. This Order is an important part of the summary procedure in that its receipt by the parties set in motion the ten (10) day period to submit affidavits and other requirements mentioned in Section 9 of the Rule.
SECTION 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: 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, judgments 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 e) Such other matters intended to expedite the disposition of the case.
SECTION 9. Submission of Affidavits and Position Papers. - Within ten (10) days after receipt of the order mentioned in the next preceding section, the parties shall submit the affidavits (or sworn statements) 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.
NOTE : After the submission of the affidavits (or sworn statements) and other evidence and their position papers, the Court shall render judgment without the need of a formal hearing .
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NOTE: It should be emphasized here that formal hearing is dispensed with. Since there is no longer any direct examination of witnesses, great evidentiary weight is given to the affidavits submitted.
NOTE: That is, however, dangerous. There is the greater possibility for fabricated evidence to be injected into the case because the one who prepares the affidavit, who is not generally the affiant himself, may add, modify, alter or unduly embellish the facts or declarations of the affiant. This may come about wittingly, unwittingly, deliberately, or due to incompetence.
Be that as it may.
SECTION 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 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.
COMMON PROVISIONS
SECTION 18. Referral to Lupon. – Cases requiring referral to the Lupon for conciliation under the provisions of the Katarungang Pambarangay Law (Sections 399-422, Chapter VII, Title I, Book III of R.A. No. 7 160, otherwise known as the Local
18
Government Code of the Philippines) 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 w ithout a warrant.
SECTION 19. 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 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 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 defendant in default; (i) Dilatory motions for postponement; (j) Reply; (k) Third-party complaints; (l) Interventions.
SECTION 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.
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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.
SECTION 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 Bilang 129. The decision 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.
SECTION 22. Applicability of the Regular Rules. – The Regular Procedure prescribed in the Rules of Court shall apply to special cases herein provided for in a suppletory capacity insofar as they are not inconsistent herewith.
CONCLUSION. It is hope that the Rule on Summary procedure may not be misused or abused as an instrument for the denial of substantial justice rather to implement properly the rule to achieve its fundamental objectives.
NOTE: Please take note of the following important terms:
a) Lupon Tagapamayapa; ( LUPON for short ) b) Pangkat Tagapagkasundo; ( PANGKAT for short ) c) Conciliation or Mediation; d) Arbitration e) Agreement to Arbitrate; f) Personal Confrontation; g) Settlement, Agreement, Compromise; h) Arbitration Award; i)
Nearest Kin;
j)
Repudiation / Notice of Repudiation / Petition to Annul Arbitration Award
k) Indigenous Cultural Communities;
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l)
Complaint;
m) Information; n) Venue; o) Arrest; p) Arraignment; q) Bail; r) Jurisdiction; s) Affidavit; t)
Sworn Statement;
u) Position Papers; v) Certificate to File Action; w) Certificate to Bar Action; x) Petition to Annul; y) Judgment; z) Motion for Execution / Notice of Execution; aa)Writ of Execution; bb) Levy; cc) Entry of Judgment; dd) Motion for Reconsideration/ Motion for New Trial; ee) Notice of Appeal; ff) Motion for Bill of Particular; gg) Motion to Quash complaint or information; hh) Motion to Dismiss; ii)
Demurrer to Evidence;
jj)
Motion for Bail; Motion to Reduce Bail;
kk) Warrant of Arrest; Search Warrant; Application for a Search Warrant; ll)
Contempt of Court;
mm)
Motu propio;
nn) Motion to Declare a Party in Default; oo) Suspect pp) Respondent
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qq) Accused rr)
Prosecution
ss) Defense tt)
Public Prosecutor
uu) Private Prosecutor vv) Defense Counsel ww)
PAO Lawyer (Public Attorney)
xx) Counsel de oficio yy) Counsel de parte zz) Plaintiff aaa)
Defendant
bbb)
Complainant
*** THANK YOU ***
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