Revised Rules On Summary Procedure: Judiciary Reorganization Act of 1980 (B.P Blg. 129)
Revised Rules On Summary Procedure: Judiciary Reorganization Act of 1980 (B.P Blg. 129)
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:
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.
(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.
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.
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.
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.
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
.
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.
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation under the provisions of Presidential
Decree No. 1508 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 without a warrant.
Sec. 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 opening 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.
Sec. 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.
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.
Sec. 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 Blg. 129. The decision of 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.
Sec. 22. 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.
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on November 15, 1991.
RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS
Section 1. Uniform Procedure. – The procedure to be observed in the Metropolitan Trial
Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts shall be the same as in the Regional Trial Courts, except where a
particular provision applies only to either of said courts and in criminal cases governed by the
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:
B. Criminal Cases:
(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.
WHAT ARE THE CRIMINAL CASES FALLING UNDER THE RULES OF
SUMMARY PROCEDURE?
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 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).
xxx xxx xxx
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 case may be
dismissed.
(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 accused if in custody.
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.
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.
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.
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(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;
(j) Reply;
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.
Ninth Congress
Section 1. Section 19 of Batas Pambansa Blg. 129, otherwise known as the "Judiciary
Reorganization Act of 1980", is hereby amended to read as follows:
"Sec. 19. Jurisdiction in civil cases. – Regional Trial Courts shall exercise exclusive original
jurisdiction.
"(1) In all civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
"(2) In all civil actions which involve the title to, or possession of, real property, or any
interest therein, where the assessed value of the property involved exceeds Twenty
thousand pesos (P20,000,00) or, for civil actions in Metro Manila, where such value
exceeds Fifty thousand pesos (P50,000.00) except actions for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which is conferred
upon the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts;
"(3) In all actions in admiralty and maritime jurisdiction where the demand or claim
exceeds One hundred thousand pesos (P100,000.00) or, in Metro Manila, where
such demand or claim exceeds Two hundred thousand pesos (P200,000.00);
"(4) In all matters of probate, both testate and intestate, where the gross value of the
estate exceeds One hundred thousand pesos (P100,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds Two Hundred thousand pesos
(P200,000.00);
"(5) In all actions involving the contract of marriage and marital relations;
"(6) In all cases not within the exclusive jurisdiction of any court, tribunal, person or
body exercising jurisdiction of any court, tribunal, person or body exercising judicial
or quasi-judicial functions;
"(7) In all civil actions and special proceedings falling within the exclusive original
jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian
Relations as now provided by law; and
"(8) In all other cases in which the demand, exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses, and costs or the value of the
property in controversy exceeds One hundred thousand pesos (P100,000.00) or, in
such other cases in Metro Manila, where the demand exclusive of the
abovementioned items exceeds Two Hundred thousand pesos (P200,000.00)."
"Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Criminal Cases. – Except in cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
"(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value or amount thereof:
Provided, however, That in offenses involving damage to property through criminal
negligence, they shall have exclusive original jurisdiction thereof."
"Sec. 33. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in Civil Cases. – Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
"(1) Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where the
value of the personal property, estate, or amount of the demand does not exceed
One hundred thousand pesos (P100,000.00) or, in Metro Manila where such
personal property, estate, or amount of the demand does not exceed Two hundred
thousand pesos (P200,000.00), exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That interest, damages of whatever kind, attorney's
fees, litigation expenses, and costs shall be included in the determination of the filing
fees: Provided, further, That where there are several claims or causes of actions
between the same or different parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in all the causes of action,
irrespective of whether the causes of action arose out of the same or different
transactions;
"(2) Exclusive original jurisdiction over cases of forcible entry and unlawful detainer:
Provided, That when, in such cases, the defendant raises the questions of ownership
in his pleadings and the question of possession cannot be resolved without deciding
the issue of ownership, the issue of ownership shall be resolved only to determine
the issue of possession; and
"(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed value of the
property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or,
in civil actions in Metro Manila, where such assessed value does not exceed Fifty
thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses and costs: Provided, That in cases of land not
declared for taxation purposes, the value of such property shall be determined by the
assessed value of the adjacent lots."
"Sec. 34. Delegated Jurisdiction in Cadastral and Land Registration Cases. – Metropolitan
Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts may be assigned by
the Supreme Court to hear and determine cadastral or land registration cases covering lots
where there is no controversy or opposition, or contested lots where the value of which does
not exceed One hundred thousand pesos (P100,000.00), such value to be ascertained by
the affidavit of the claimant or by agreement of the respective claimants if there are more
than one, or from the corresponding tax declaration of the real property. Their decisions in
these cases shall be appealable in the same manner as decisions of the Regional Trial
Courts."
Section 5. After five (5) years from the effectivity of this Act, the jurisdictional amounts mentioned in
Sec. 19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129 as amended by this Act, shall
be adjusted to Two hundred thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three hundred thousand pesos (P300,000.00):
Provided, however, That in the case of Metro Manila, the abovementioned jurisdictional amounts
shall be adjusted after five (5) years from the effectivity of this Act to Four hundred thousand pesos
(P400,000.00).
Section 6. All laws, decrees, and orders inconsistent with the provisions of this Act shall be
considered amended or modified accordingly.
Section 7. The provisions of this Act shall apply to all civil cases that have not yet reached the pre-
trial stage. However, by agreement of all the parties, civil cases cognizable by municipal and
metropolitan courts by the provisions of this Act may be transferred from the Regional Trial Courts to
the latter. The executive judge of the appropriate Regional Trial Courts shall define the
administrative procedure of transferring the cases affected by the redefinition of jurisdiction to the
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts.
Section 8. This Act shall take effect fifteen (15) days following its publication in the Official Gazette
or in two (2) national newspapers of general circulation.
Sixteenth Congress
Second Regular Session
Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.
Section 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby further amended to
read as follows:
"SEC. 3. Constitution of the Divisions; Quorum. – The Sandiganbayan shall sit in seven (7) divisions
of three (3) members each.
"Two (2) members shall constitute a quorum for sessions in divisions: Provided, That when the
required quorum for the particular division cannot be had due to the legal disqualification or
temporary incapacity of a member or a vacancy therein, the Presiding Justice may designate a
member of another division to be determined by strict rotation on the basis of the reverse order of
precedence, to sit as a special member of said division with all the rights and prerogatives of a
regular member of said division in the trial and determination of a case or cases assigned thereto."
Section 2. Section 4 of the same decree, as amended, is hereby further amended to read as
follows:
"SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive original jurisdiction in all cases
involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-
Graft and Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2,
Title VII, Book II of the Revised Penal Code, where one or more of the accused are
officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the offense:
"(d) Philippine army and air force colonels, naval captains, and all
officers of higher rank;
"(f) City and provincial prosecutors and their assistants, and officials
and prosecutors in the Office of the Ombudsman and special
prosecutor;
"(2) Members of Congress and officials thereof classified as Grade ’27’ and
higher under the Compensation and Position Classification Act of 1989;
"(5) All other national and local officials classified as Grade ’27’ and higher
under the Compensation and Position Classification Act of 1989.
"b. Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection a. of this
section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order
Nos. 1, 2, 14 and 14-A, issued in 1986.
"Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the
information: (a) does not allege any damage to the government or any bribery; or (b) alleges
damage to the government or bribery arising from the same or closely related transactions or acts in
an amount not exceeding One million pesos (P1,000,000.00).
"Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of
the Regional Trial Court under this section shall be tried in a judicial region other than where the
official holds office.
"In cases where none of the accused are occupying positions corresponding to Salary Grade ’27’ or
higher, as prescribed in the said Republic Act No. 6758, or military and PNP officers mentioned
above, exclusive original jurisdiction thereof shall be vested in the proper regional trial court,
metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be,
pursuant to their respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions
or orders of regional trial courts whether in the exercise of their own original jurisdiction or of their
appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of
the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs
and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo
warranto, arising or that may arise in cases filed or which may be filed under Executive Order Nos.
1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be
exclusive of the Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the
Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for
review to the Court of Appeals, shall apply to appeals and petitions for review filed with the
Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the
Supreme Court, the Office of the Ombudsman, through its special prosecutor, shall represent the
People of the Philippines, except in cases filed pursuant to Executive Order Nos. 1, 2, 14 and 14-A,
issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories with the public
officers or employees, including those employed in government-owned or controlled corporations,
they shall be tried jointly with said public officers and employees in the proper courts which shall
exercise exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the
corresponding civil action for the recovery of civil liability shall at all times be simultaneously
instituted with, and jointly determined in, the same proceeding by the Sandiganbayan or the
appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing
of the civil action, and no right to reserve the filing of such civil action separately from the criminal
action shall be recognized: Provided, however, That where the civil action had heretofore been filed
separately but judgment therein has not yet been rendered, and the criminal case is hereafter filed
with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the
Sandiganbayan or the appropriate court, as the case may be, for consolidation and joint
determination with the criminal action, otherwise the separate civil action shall be deemed
abandoned."
"SEC. 5. Proceedings, How Conducted; Decision by Majority Vote. – All three (3) members of a
division shall deliberate on all matters submitted for judgment, decision, final order, or resolution.
"The concurrence of a majority of the members of a division shall be necessary to render a
judgment, decision, or final order, or to resolve interlocutory or incidental motions."
Section 4. Funding and Appropriations. – The amount necessary to carry out the implementation of
this Act shall be charged against the current appropriations of the Sandiganbayan. Thereafter, such
sums as may be needed for its full implementation shall be included in the annual General
Appropriations Act.
Section 5. Transitory Provision. – This Act shall apply to all cases pending in the Sandiganbayan
over which trial has not begun: Provided, That: (a) Section 2, amending Section 4 of Presidential
Decree No. 1606, as amended, on "Jurisdiction"; and (b) Section 3, amending Section 5 of
Presidential Decree No. 1606, as amended, on "Proceedings, How Conducted; Decision by Majority
Vote" shall apply to cases arising from offenses committed after the effectivity of this Act.
Section 6. Separability Clause. – Should any provision of this Act or part hereof be declared
unconstitutional, the other provisions or parts not affected thereby shall remain valid and effective.
Section 7. Repealing Clause. – All laws, decrees, orders, and issuances, or portions thereof, which
are inconsistent with the provisions of this Act, are hereby repealed, amended or modified
accordingly.
Section 8. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.