REVISED RULES ON SUMMARY PROCEDURE exceeding six months, or a fine not plaintiff.

ot plaintiff. Affirmative and negative defenses the court shall issue an order stating the
RESOLUTION OF THE COURT EN exceeding (P1,000.00), or both, not pleaded therein shall be deemed matters taken up therein, including but not
BANC DATED OCTOBER 15, 1991 irrespective of other imposable penalties, waived, except for lack of jurisdiction over limited to:
PROVIDING FOR THE REVISED RULE ON accessory or otherwise, or of the civil the subject matter. Cross-claims and (a) Whether the parties have arrived at an
SUMMARY PROCEDURE FOR liability arising therefrom: Provided, compulsory counterclaims not asserted in amicable settlement, and if so, the terms
METROPOLITAN TRIAL COURTS, however, that in offenses involving the answer shall be considered barred. The thereof;
MUNICIPAL TRIAL COURTS IN CITIES, damage to property through criminal answer to counterclaims or cross-claims (b) The stipulations or admissions entered
MUNICIPAL TRIAL COURTS AND negligence, this Rule shall govern where shall be filed and served within ten (10) into by the parties;.
MUNICIPAL CIRCUIT TRIAL COURTS. the imposable fine does not exceed ten days from service of the answer in which (c) Whether, on the basis of the pleadings
thousand pesos (P10,000.00). they are pleaded. and the stipulations and admissions made
This Rule shall not apply to a civil case Sec. 6. Effect of failure to answer. — by the parties, judgment may be rendered
Pursuant to Section 36 of the Judiciary where the plaintiffs cause of action is Should the defendant fail to answer the without the need of further proceedings, in
Reorganization Act of 1980 (B.P Blg. pleaded in the same complaint with complaint within the period above which event the judgment shall be
129) and to achieve an expeditious and another cause of action subject to the provided, the court, motu proprio, or on rendered within thirty (30) days from
inexpensive determination of the cases ordinary procedure; nor to a criminal case motion of the plaintiff, shall render issuance of the order;
referred to herein, the Court Resolved to where the offense charged is necessarily judgment as may be warranted by the (d) A clear specification of material facts
promulgate the following Revised Rule on related to another criminal case subject to facts alleged in the complaint and limited which remain controverted; and (e) Such
Summary Procedure: the ordinary procedure. virtual law to what is prayed for therein: Provided, other matters intended to expedite the
library Sec. 2. Determination of however, that the court may in its disposition of the case Sec. 9. Submission
I. applicability. — Upon the filing of a civil or discretion reduce the amount of damages of affidavits and position papers. — Within
Applicability criminal action, the court shall issue an and attorney's fees claimed for being ten (10) days from receipt of the order
Section 1. Scope. — This rule shall govern order declaring whether or not the case excessive or otherwise unconscionable. mentioned in the next preceding section,
the summary procedure in the shall be governed by this Rule A patently This is without prejudice to the the parties shall submit the affidavits of
Metropolitan Trial Courts, the Municipal erroneous determination to avoid the applicability of Section 4, Rule 15 of the their witnesses and other evidence on the
Trial Courts in Cities, the Municipal Trial application of the Rule on Summary Rules of Court, if there are two or more factual issues defined in the order,
Courts, and the Municipal Circuit Trial Procedure is a ground for disciplinary defendants. together with their position papers setting
Courts in the following cases falling within action. Sec. 7. Preliminary conference; forth the law and the facts relied upon by
their jurisdiction: II. appearance of parties. — Not later than them.
Civil Cases thirty (30) days after the last answer is Sec. 10. Rendition of judgment. — Within
A. Civil Cases: Sec. 3. Pleadings. — filed, a preliminary conference shall be thirty (30) days after receipt of the last
A. Pleadings allowed. — The only held. The rules on pre-trial in ordinary affidavits and position papers, or the
pleadings allowed to be filed are the cases shall be applicable to the preliminary expiration of the period for filing the same,
(1) All cases of forcible entry and unlawful complaints, compulsory counterclaims and conference unless inconsistent with the the court shall render judgment.
detainer, irrespective of the amount of cross-claims' pleaded in the answer, and provisions of this Rule. The failure of the However should the court find it necessary
damages or unpaid rentals sought to be the answers thereto. plaintiff to appear in the preliminary to clarify certain material facts, it may,
recovered. Where attorney's fees are B. Verifications. — All pleadings shall be conference shall be a cause for the during the said period, issue an order
awarded, the same shall not exceed verified. dismissal of his complaint. The defendant specifying the matters to be clarified, and
twenty thousand pesos (P20,000.00). Sec. 4. Duty of court. — After the court who appears in the absence of the plaintiff require the parties to submit affidavits or
(2) All other civil cases, except probate determines that the case falls under shall be entitled to judgment on his other evidence on the said matters within
proceedings, where the total amount of summary procedure, it may, from an counterclaim in accordance with Section 6 ten (10) days from receipt of said order.
the plaintiff's claim does not exceed ten examination of the allegations therein and hereof. All cross-claims shall be dismissed. Judgment shall be rendered within fifteen
thousand pesos (P10,000.00), exclusive of such evidence as may be attached thereto, If a sole defendant shall fail to appear, the (15) days after the receipt of the last
interest and costs. B. Criminal Cases: dismiss the case outright on any of the plaintiff shall be entitled to judgment in clarificatory affidavits, or the expiration of
grounds apparent therefrom for the accordance with Section 6 hereof. This the period for filing the same.
dismissal of a civil action. If no ground for Rule shall not apply where one of two or The court shall not resort to the
(1) Violations of traffic laws, rules and dismissal is found it shall forthwith issue more defendants sued under a common clarificatory procedure to gain time for the
regulations; (2) Violations of the rental summons which shall state that the cause of action who had pleaded a rendition of the judgment.
law; virtual law library summary procedure under this Rule shall common defense shall appear at the III.
(3) Violations of municipal or city apply. d-c Sec. 5. Answer. — Within ten preliminary conference. Criminal Cases
ordinances; (4) All other criminal cases (10) days from service of summons, the Sec. 8. Record of preliminary conference. Sec. 11. How commenced. — The filing of
where the penalty prescribed by law for defendant shall file his answer to the — Within five (5) days after the criminal cases falling within the scope of
the offense charged is imprisonment not complaint and serve a copy thereof on the termination of the preliminary conference, this Rule shall be either by complaint or by
information: Provided, however, that in parties to a preliminary conference during Sec. 17. Judgment. — Where a trial has same to disciplinary action, and shall be
Metropolitan Manila and in Chartered which a stipulation of facts may be entered been conducted, the court shall cause to expunge the inadmissible affidavit
Cities. such cases shall be commenced only into, or the propriety of allowing the promulgate the judgment not later than or portion thereof from the record.
by information, except when the offense accused to enter a plea of guilty to a lesser thirty (30) days after the termination of Sec. 21. Appeal. — The judgment or final
cannot be prosecuted de offense may be considered, or such other trial. IV. order shall be appealable to the
oficio. chanrobles virtual law library matters may be taken up to clarify the COMMON PROVISIONS appropriate regional trial court which shall
The complaint or information shall be issues and to ensure a speedy disposition Sec. 18. Referral to Lupon. — Cases decide the same in accordance with
accompanied by the affidavits of the of the case. However, no admission by the requiring referral to the Lupon for Section 22 of Batas Pambansa Blg. 129. The
compliant and of his witnesses in such accused shall be used against him unless conciliation under the provisions of decision of the regional trial court in civil
number of copies as there are accused plus reduced to writing and signed by the Presidential Decree No. 1508 where there cases governed by this Rule, including
two (2) copies for the court's files.If this accused and his counsel.A refusal or failure is no showing of compliance with such forcible entry and unlawful detainer, shall
requirement is not complied with within to stipulate shall not prejudice the requirement, shall be dismissed without be immediately executory, without
five (5) days from date of filing, the care accused. prejudice and may be revived only after prejudice to a further appeal that may be
may be dismissed. Sec. 15. Procedure of trial. — At the trial, such requirement shall have been taken therefrom. Section 10 of Rule 70
Sec. 12. Duty of court. — (a) If the affidavits submitted by the parties shall complied with. This provision shall not shall be deemed repealed.
commenced by compliant. — On the basis constitute the direct testimonies of the apply to criminal cases where the accused Sec. 22. Applicability of the regular rules.
of the compliant and the affidavits and witnesses who executed the same. was arrested without a warrant. — The regular procedure prescribed in
other evidence accompanying the same, Witnesses who testified may be subjected Sec. 19. Prohibited pleadings and the Rules of Court shall apply to the special
the court may dismiss the case outright for to cross-examination, redirect or re-cross motions. — The following pleadings, cases herein provided for in a suppletory
being patently without basis or merit and examination. Should the affiant fail to motions or petitions shall not be allowed in capacity insofar as they are not
order the release of the amused if in testify, his affidavit shall not be considered the cases covered by this Rule: (a) Motion inconsistent
custody. as competent evidence for the party to dismiss the complaint or to quash the herewith. Sec. 23. Effectivity. — This
(b) If commenced by information. — presenting the affidavit, but the adverse complaint or information except on the revised Rule on Summary Procedure shall
When the case is commenced by party may utilize the same for any ground of lack of jurisdiction over the be effective on November 15,
information, or is not dismissed pursuant admissible purpose. subject matter, or failure to comply with 1991.chanrobles virtual la
to the next preceding paragraph, the court Except in rebuttal or surrebuttal, no the preceding section;
shall issue an order which, together with witness shall be allowed to testify unless (b) Motion for a bill of particulars;
copies of the affidavits and other evidence his affidavit was previously submitted to (c) Motion for new trial, or for
submitted by the prosecution, shall require the court in accordance with Section 12 reconsideration of a judgment, or for
the accused to submit his counter-affidavit hereof. However, should a party desire to opening of trial;
and the affidavits of his witnesses as well present additional affidavits or counter- (d) Petition for relief from judgment;
as any evidence in his behalf, serving affidavits as part of his direct evidence, he (e) Motion for extension of time to file
copies thereof on the complainant or shall so manifest during the preliminary pleadings, affidavits or any other
prosecutor not later than ten (10) days conference, stating the purpose thereof. If paper; (f) Memoranda;
from receipt of said order. The prosecution allowed by the court, the additional (g) Petition for certiorari, mandamus, or
may file reply affidavits within ten (10) affidavits of the prosecution or the prohibition against any interlocutory order
days after receipt of the counter-affidavits counter-affidavits of the defense shall be issued by the court;
of the defense. submitted to the court and served on the (h) Motion to declare the defendant in
Sec. 13. Arraignment and trial. — Should adverse party not later than three (3) days default; (i) Dilatory motions for
the court, upon a consideration of the after the termination of the preliminary postponement;
complaint or information and the affidavits conference. If the additional affidavits are (j) Reply;
submitted by both parties, find no cause or presented by the prosecution, the accused (k) Third party complaints;
ground to hold the accused for trial, it shall may file his counter-affidavits and serve (l) Interventions.
order the dismissal of the case; otherwise, the same on the prosecution within three Sec. 20. Affidavits. — The affidavits
the court shall set the case for arraignment (3) days from such service. required to be submitted under this Rule
and trial. Sec. 16. Arrest of accused. — The court shall state only facts of direct personal
If the accused is in custody for the crime shall not order the arrest of the accused knowledge of the affiants which are
charged, he shall be immediately arraigned except for failure to appear whenever admissible in evidence, and shall show
and if he enters a plea of guilty, he shall required. Release of the person arrested their competence to testify to the matters
forthwith be sentenced. shall either be on bail or on recognizance stated therein.
Sec. 14. Preliminary conference. — Before by a responsible citizen acceptable to the A violation of this requirement may subject
conducting the trial, the court shall call the court. the party or the counsel who submits the