REVISED RULES ON SUMMARY PROCEDURE B.

Criminal Cases:

RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15, (1) Violations of traffic laws, rules and regulations;
1991 PROVIDING FOR THE REVISED RULE ON SUMMARY
PROCEDURE FOR METROPOLITAN TRIAL COURTS, MUNICIPAL (2) Violations of the rental law;
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS. (3) Violations of municipal or city ordinances;

(4) All other criminal cases where the penalty prescribed by

Pursuant to Section 36 of the Judiciary Reorganization Act of law for the offense charged is imprisonment not exceeding
1980 (B.P Blg. 129) and to achieve an expeditious and six months, or a fine not exceeding (P1,000.00), or both,
inexpensive determination of the cases referred to herein, irrespective of other imposable penalties, accessory or
the Court Resolved to promulgate the following Revised otherwise, or of the civil liability arising therefrom: Provided,
Rule on Summary Procedure: however, that in offenses involving damage to property
through criminal negligence, this Rule shall govern where
I. the imposable fine does not exceed ten thousand pesos
Applicability (P10,000.00).

Section 1. Scope. — This rule shall govern the summary This Rule shall not apply to a civil case where the plaintiffs
procedure in the Metropolitan Trial Courts, the Municipal cause of action is pleaded in the same complaint with
Trial Courts in Cities, the Municipal Trial Courts, and the another cause of action subject to the ordinary procedure;
Municipal Circuit Trial Courts in the following cases falling nor to a criminal case where the offense charged is
within their jurisdiction: necessarily related to another criminal case subject to the
ordinary procedure.

A. Civil Cases: Sec. 2. Determination of applicability. — Upon the filing of a

civil or criminal action, the court shall issue an order
(1) All cases of forcible entry and unlawful detainer, declaring whether or not the case shall be governed by this
irrespective of the amount of damages or unpaid rentals Rule A patently erroneous determination to avoid the
sought to be recovered. Where attorney's fees are awarded, application of the Rule on Summary Procedure is a ground
the same shall not exceed twenty thousand pesos for disciplinary action.
(P20,000.00).
II.
(2) All other civil cases, except probate proceedings, where Civil Cases
the total amount of the plaintiff's claim does not exceed ten
thousand pesos (P10,000.00), exclusive of interest and Sec. 3. Pleadings. —
costs.
A. Pleadings allowed. — The only pleadings allowed to be Sec. 7. Preliminary conference; appearance of parties. —
filed are the complaints, compulsory counterclaims and Not later than thirty (30) days after the last answer is filed, a
cross-claims' pleaded in the answer, and the answers preliminary conference shall be held. The rules on pre-trial
thereto. in ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this
B. Verifications. — All pleadings shall be verified. Rule.

Sec. 4. Duty of court. — After the court determines that the The failure of the plaintiff to appear in the preliminary
case falls under summary procedure, it may, from an conference shall be a cause for the dismissal of his
examination of the allegations therein and such evidence as complaint. The defendant who appears in the absence of the
may be attached thereto, dismiss the case outright on any plaintiff shall be entitled to judgment on his counterclaim in
of the grounds apparent therefrom for the dismissal of a accordance with Section 6 hereof. All cross-claims shall be
civil action. If no ground for dismissal is found it shall dismissed.
forthwith issue summons which shall state that the
summary procedure under this Rule shall apply. d-c If a sole defendant shall fail to appear, the plaintiff shall be
entitled to judgment in accordance with Section 6 hereof.
Sec. 5. Answer. — Within ten (10) days from service of This Rule shall not apply where one of two or more
summons, the defendant shall file his answer to the defendants sued under a common cause of action who had
complaint and serve a copy thereof on the plaintiff. pleaded a common defense shall appear at the preliminary
Affirmative and negative defenses not pleaded therein shall conference.
be deemed waived, except for lack of jurisdiction over the
subject matter. Cross-claims and compulsory counterclaims Sec. 8. Record of preliminary conference. — Within five (5)
not asserted in the answer shall be considered barred. The days after the termination of the preliminary conference,
answer to counterclaims or cross-claims shall be filed and the court shall issue an order stating the matters taken up
served within ten (10) days from service of the answer in therein, including but not limited to:
which they are pleaded.
(a) Whether the parties have arrived at an amicable
Sec. 6. Effect of failure to answer. — Should the defendant settlement, and if so, the terms thereof;
fail to answer the complaint within the period above
provided, the court, motu proprio, or on motion of the (b) The stipulations or admissions entered into by the
plaintiff, shall render judgment as may be warranted by the parties;.
facts alleged in the complaint and limited to what is prayed
for therein: Provided, however, that the court may in its (c) Whether, on the basis of the pleadings and the
discretion reduce the amount of damages and attorney's stipulations and admissions made by the parties, judgment
fees claimed for being excessive or otherwise may be rendered without the need of further proceedings, in
unconscionable. This is without prejudice to the applicability which event the judgment shall be rendered within thirty
of Section 4, Rule 15 of the Rules of Court, if there are two (30) days from issuance of the order;
or more defendants.
(d) A clear specification of material facts which rain be commenced only by information, except when the
controverted; and offense cannot be prosecuted de oficio.

(e) Such other matters intended to expedite the disposition The complaint or information shall be accompanied by the
of the case. affidavits of the compliant and of his witnesses in such
number of copies as there are accused plus two (2) copies
Sec. 9. Submission of affidavits and position papers. — for the court's files.If this requirement is not complied with
Within ten (10) days from receipt of the order mentioned in within five (5) days from date of filing, the care may be
the next preceding section, the parties shall submit the dismissed.
affidavits of their witnesses and other evidence on the
factual issues defined in the order, together with their Sec. 12. Duty of court. —
position papers setting forth the law and the facts relied
upon by them. (a) If commenced by compliant. — On the basis of the
compliant and the affidavits and other evidence
Sec. 10. Rendition of judgment. — Within thirty (30) days accompanying the same, the court may dismiss the case
after receipt of the last affidavits and position papers, or the outright for being patently without basis or merit and order
expiration of the period for filing the same, the court shall the release of the amused if in custody.
render judgment.
(b) If commenced by information. — When the case is
However should the court find it necessary to clarify certain commenced by information, or is not dismissed pursuant to
material facts, it may, during the said period, issue an order the next preceding paragraph, the court shall issue an order
specifying the matters to be clarified, and require the which, together with copies of the affidavits and other
parties to submit affidavits or other evidence on the said evidence submitted by the prosecution, shall require the
matters within ten (10) days from receipt of said order. accused to submit his counter-affidavit and the affidavits of
Judgment shall be rendered within fifteen (15) days after the his witnesses as well as any evidence in his behalf, serving
receipt of the last clarificatory affidavits, or the expiration of copies thereof on the complainant or prosecutor not later
the period for filing the same. than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days
The court shall not resort to the clarificatory procedure to after receipt of the counter-affidavits of the defense.
gain time for the rendition of the judgment.
Sec. 13. Arraignment and trial. — Should the court, upon a
III. consideration of the complaint or information and the
Criminal Cases affidavits submitted by both parties, find no cause or ground
to hold the accused for trial, it shall order the dismissal of
Sec. 11. How commenced. — The filing of criminal cases the case; otherwise, the court shall set the case for
falling within the scope of this Rule shall be either by arraignment and trial.
complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases shall
If the accused is in custody for the crime charged, he shall accused may file his counter-affidavits and serve the same
be immediately arraigned and if he enters a plea of guilty, on the prosecution within three (3) days from such service.
he shall forthwith be sentenced.
Sec. 16. Arrest of accused. — The court shall not order the
Sec. 14. Preliminary conference. — Before conducting the arrest of the accused except for failure to appear whenever
trial, the court shall call the parties to a preliminary required. Release of the person arrested shall either be on
conference during which a stipulation of facts may be bail or on recognizance by a responsible citizen acceptable
entered into, or the propriety of allowing the accused to to the court.
enter a plea of guilty to a lesser offense may be considered,
or such other matters may be taken up to clarify the issues Sec. 17. Judgment. — Where a trial has been conducted,
and to ensure a speedy disposition of the case.However, no the court shall promulgate the judgment not later than thirty
admission by the accused shall be used against him unless (30) days after the termination of trial.
reduced to writing and signed by the accused and his
counsel.A refusal or failure to stipulate shall not prejudice IV.
the accused. COMMON PROVISIONS

Sec. 15. Procedure of trial. — At the trial, the affidavits Sec. 18. Referral to Lupon. — Cases requiring referral to
submitted by the parties shall constitute the direct the Lupon for conciliation under the provisions of
testimonies of the witnesses who executed the same. Presidential Decree No. 1508 where there is no showing of
Witnesses who testified may be subjected to cross- compliance with such requirement, shall be dismissed
examination, redirect or re-cross examination. Should the without prejudice and may be revived only after such
affiant fail to testify, his affidavit shall not be considered as requirement shall have been complied with. This provision
competent evidence for the party presenting the affidavit, shall not apply to criminal cases where the accused was
but the adverse party may utilize the same for any arrested without a warrant.
admissible purpose.
Sec. 19. Prohibited pleadings and motions. — The following
Except in rebuttal or surrebuttal, no witness shall be allowed pleadings, motions or petitions shall not be allowed in the
to testify unless his affidavit was previously submitted to the cases covered by this Rule:
court in accordance with Section 12 hereof.
(a) Motion to dismiss the complaint or to quash the
However, should a party desire to present additional complaint or information except on the ground of lack of
affidavits or counter-affidavits as part of his direct evidence, jurisdiction over the subject matter, or failure to comply with
he shall so manifest during the preliminary conference, the preceding section;
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 (b) Motion for a bill of particulars;
served on the adverse party not later than three (3) days
after the termination of the preliminary conference. If the (c) Motion for new trial, or for reconsideration of a
additional affidavits are presented by the prosecution, the judgment, or for opening of trial;
(d) Petition for relief from judgment; without prejudice to a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be deemed repealed.
(e) Motion for extension of time to file pleadings, affidavits
or any other paper; Sec. 22. Applicability of the regular rules. — The regular
procedure prescribed in the Rules of Court shall apply to the
(f) Memoranda; special cases herein provided for in a suppletory capacity
insofar as they are not inconsistent herewith.
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court; Sec. 23. Effectivity. — This revised Rule on Summary
Procedure shall be effective on November 15, 1991.
(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,