Jurisdiction In Criminal Cases i.

BY APPEAL
1. SUPREME COURT From the RTC in cases commenced therein, except those appealable to
A. ORIGINAL the Supreme Court or the Sandiganbayan
i. EXCLUSIVE ii. BY PETITION FOR REVIEW
Petitions for certiorari, prohibition and mandamus From the Regional Trial Court in cases appealed thereto from the lower courts
against the Court of Appeals & the Sandiganbayan and not appealable to the Sandiganbayan
ii. CONCURRENT 3. SANDIGANBAYAN
a. With the Court of Appeals: A. ORIGINAL
a. petitions for certiorari, prohibition and mandamusagainst i. EXCLUSIVE
the Regional Trial Court a. Violations of:
b. With the Court of Appeals & the Regional Trial Court a. Republic Act 3019
a. petitions for certiorari, prohibition and mandamusagainst the (Anti-Graft and Corrupt Practices Act)
lower courts b. Republic Act No. 1379
c. With the Sandiganbayan: c. Chapter 11, Section 2, Title VII, Book II of the Revised Penal Code
a. petitions for mandamus, prohibition certiorari, habeas corpus, b. where one or more of the accused are officials occupying the following
injunctions and ancillary writs in aid of its appellate jurisdiction; positions in the government, whether in a permanent, acting or interim
b. petitions for quo warranto arising from Executive Order #s 1, 2, capacity, at the time of the commission of the offense:
14 & 14 – A c. (1) Officials of the executive branch occupying the position of regional
B. EXCLUSIVE APPELLATE director and higher (AKA Grade ‘27’ of RA 6758), including:
i. BY APPEAL a. Provincial governors, vice-governors, members of
a. From the Regional Trial Court: the sangguniang panlalawigan, provincial treasurers, assessors,
a. in all criminal cases involving offenses for which the penalty engineers and other provincial department heads;
is reclusion perpetua or life imprisonment; b. City mayors, vice-mayors, members of the sangguniang
b. those involving other offenses which, although not so punished, panlungsod, city treasurers, assessors, engineers and other city
arose out of the same occurrence or which may have been department heads;
committed by the accused on the same occasion. c. Officials of the diplomatic service occupying the position of
b. Automatic review in criminal cases where the death penalty is imposed. consul and higher;
ii. BY PETITION FOR REVIEW ON CERTIORARI d. Philippine army and air force colonels, naval captains, and all
a. From the Court of Appeals; officers of higher rank;
b. From the Sandiganbayan; and e. Officers of the PNP while occupying the position of provincial
c. From the Regional Trial Court where only an error director and those holding the rank of senior superintendent or
or question of law is involved higher;
2. COURT OF APPEALS f. City and provincial prosecutors and their assistants, and officials
A. ORIGINAL and prosecutors in the office of the Ombudsman and special
i. EXCLUSIVE prosecutor;
a. Actions for annulment of judgments of the Regional Trial Court g. Presidents, directors of trustees, or managers of government
ii. CONCURRENT owned or controlled corporations, state universities or
a. With the Supreme Court: educational institutions or foundations.
a. petitions for certiorari, prohibition and mandamusagainst d. (2) Members of Congress and officials thereof (classified as Grade ‘27’
the Regional Trial Court and higher under the CPCA of 1989);
b. With the Supreme Court & Regional Trial Court: e. (3) Members of the judiciary without prejudice to the provisions of the
a. petitions for certiorari, prohibition and mandamusagainst Constitution;
the Regional Trial Court f. (4) Chairmen and members of the Constitutional Commissions, without
B. EXCLUSIVE APPELLATE prejudice to the provisions of the Constitution; and
 g. (5) All other national and local officials (classified as Grade ‘27’ and
higher under the CPCA of 1989)
h. b. Other offenses or felonies whether simple or complexed with other
crimes committed in relation to their office by the public officials and
employees mentioned in Section 4(a), P.D. 1606, as amended by
Republic Act 7975
i. c. Civil and criminal cases filed pursuant to and in connection with
Executive Order #s 1,2,14 and 14 – A, issued in 1986
ii. CONCURRENT
a. With the Supreme Court:
a. petitions for mandamus, prohibition certiorari, habeas corpus,
injunctions and ancillary writs in aid of its appellate jurisdiction;
b. petitions for quo warranto arising from Executive Order #s 1, 2,
14 & 14 – A
B. EXCLUSIVE APPELLATE
i. BY APPEAL
a. From the Regional Trial Court in cases under P.D. 1606 (as amended by
P.D. 1861) whether or not the cases were decided by them in the
exercise of their original or appellate jurisdictions
4. REGIONAL TRIAL COURT
A. EXCLUSIVE ORIGINAL
i. All criminal cases not within the exclusive jurisdiction of any court, tribunal or
body
B. EXCLUSIVE APPELLATE
i. All cases decided by lower courts in their respective territorial jurisdictions
5. METROPLOITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS
A. EXCLUSIVE ORIGINAL
i. All violations of city or municipal ordinances committed within their respective
territorial jurisdictions;
ii. All offenses punishable with imprisonment of not more than 6 years
irrespective of the amount of fine
iii. All cases of damage to property through criminal negligence
a. regardless of other penalties and the civil liabilities arising therefrom
iv. All offenses committed by public officers and employees in relation to their
office, including those employed in government-owned or controlled
corporations
a. except violations of RA 3019 & RA 1379
b. except Articles 210 – 212 of the Revised Penal Code
v. All offenses committed by private individuals charged as co-principals,
accomplices or accessories
a. punishable with imprisonment of not more than 6 years; or
b. where none of the accused holds a position of salary Grade “27” and
higher
B. SUMMARY PROCEDURE
i. Traffic violations
ii. Violations of the rental law
iii. Violations of city municipal ordinances
iv. All other offenses where the penalty does not exceed 6 months imprisonment
and/or P1,000 fine
a. irrespective of other penalties or civil liabilities arising therefrom
v. All offenses involving damage to property through criminal negligence
a. where the imposable fine does not exceed P10,000.-
* Based on the Judiciary Act of 1980, as amended
Revised Rules on Summary Procedure
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.
THE CHAN ROBLES VIRTUAL LAW
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REVISED RULES ON SUMMARY PROCEDURE
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
A. Civil Cases:chanroblesvirtuallawlibrary
(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.chanrobles virtual
law library chanrobles virtual law library
B. Criminal Cases:chanroblesvirtuallawlibrary
(1) Violations of traffic laws, rules and regulations; chanrobles virtual law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law library
(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.chanrobles virtual law library chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the complaints, compulsory
counterclaims and cross-claims' pleaded in the answer, and the answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 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. d-c chanrobles virtual law library
Sec. 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 counterclaims 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.chanrobles virtual law
library chanrobles virtual law library
Sec. 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 15 of the Rules of Court, if there are two or more
defendants.
Sec. 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.chanrobles virtual law library chanrobles virtual law library
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 counterclaim 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.
Sec. 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:chanroblesvirtuallawlibrary
(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, judgment 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 chanrobles virtual law
library
(e) Such other matters intended to expedite the disposition of the case.chanrobles virtual law
library chanrobles virtual law library
Sec. 9. Submission of affidavits and position papers. — Within ten (10) days from receipt of the
order mentioned in the next preceding section, the parties shall submit the affidavits 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.chanrobles virtual law
librarychanrobles virtual law library
Sec. 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 last 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.
III.
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. chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
Sec. 12. Duty of court. — chanrobles virtual law library
(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 amused if in custody.
(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.chanrobles virtual law library chanrobles
virtual law library
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.chanrobles virtual law
library chanrobles virtual law library
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.chanrobles virtual law library chanrobles
virtual law library
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.chanrobles virtual law library chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or petitions shall
not be allowed in the cases covered by this Rule: chanrobles virtual law library
(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; chanrobles virtual
law library
(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; chanrobles virtual law library
(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.chanrobles virtual law library chanrobles virtual law library
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. chanrobles virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on November 15,
1991.chanrobles virtual law lib
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.
WHAT IS SUMMARY PROCEDURE?
Procedure wherein the court decides the case through the evidence and affidavits presented
by the parties
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.
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:
xxx xxx xxx
B. Criminal Cases:
(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).
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
III. 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 case may be
dismissed.
HOW IS A CRIMINAL CASE COMMENCED IN A SUMMARY PROCEDURE?
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 case may be
dismissed
Sec. 12. Duty of court. —
(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.
(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.
WHAT SHOULD THE MTC FIRST DO WHENEVER INFORMATION IS FILED?
When the case is commenced by information, or isn’t dismissed, the court shall issue an order
which, together with 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
Copies of the above shall be served thereof to the complainant or prosecutor not later than 10
days from receipt of said order
The prosecution may also be allowed to file reply affidavits within 10 days after receipt of the
counter-affidavits 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.
WHEN DOES A PRELIMINARY CONFERENCE TAKE PLACE? WHAT HAPPENS DURING A
PRELIMINARY CONFERENCE?
Before conducting the trial, the court shall call the parties to a preliminary conference during which—
1. Stipulation of facts may be entered into
2. The propriety of allowing the accused to plead guilty to a lesser offense may be considered
3. Other matters as may be taken up to clarify the issues and to ensure a speedy disposition
of the case
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.
IF AN ACCUSED IS CHARGED IN THE MUNICIPAL TRIAL COURT, CAN THE COURT ISSUE A
WARRANT OF ARREST AGAINST THE 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.
WHEN DOES THE COURT NEED TO PROMULGATE 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.
CAN THE MTC REFER THE CASE TO THE LUPON?
Yes
The exception is when the accused has been arrested without
warrant.
WHAT HAPPENS WHEN THERE HAS BEEN NO COMPLIANCE WITH THE REQUIREMENT THAT
THERE SHOULD BE FIRST CONCILIATION PROCEEDINGS IN THE LUPON?
The court may dismiss the case without prejudice
It may also revive the case only after such requirement shall have been complied with
This provision shall not apply in criminal cases wherein the accused has been arrested lawfully
without a warrant of arrest. 
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.
WHAT IS REQUIRED IN THE SUBMISSION OF AFFIDAVITS IN A SUMMARY PROCEEDING?
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.
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.
CIRCULAR NO. 14-93 July 15, 1993
TO: ALL REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL
COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT: GUIDELINES ON THE KATARUNGANG PAMBARANGAY CONCILIATION
PROCEDURE TO PREVENT CIRCUMVENTION OF THE REVISED KATARUNGANG
PAMBARANGAY LAW (SECTIONS 399-422, CHAPTER VII, TITLE I, BOOK III, R.A. 7160.
OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991).
The Revised Katarungang Pambarangay Law under R.A. 7160, otherwise known as the local a. Criminal cases where accused is under police custody or detention (see
Government Code of 1991, effective on January 1, 1992, and which repealed P.D. 1508, introduced Sec. 412 (b) (1), Revised Katarungang Pambarangay Law);
substantial changes not only in the authority granted to the Lupong Tagapamayapa but also in the
procedure to be observed in the settlement of disputes within the authority of the Lupon. b. Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived or on acting in his behalf;
In order that the laudable purpose of the law may not be subverted and its effectiveness undermined
by indiscriminate, improper and/or premature issuance of certifications to file actions in court by the c. Actions coupled with provisional remedies such as preliminary injunction,
Lupon or Pangkat Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the following attachment, delivery of personal property and support during the pendency of the
guidelines are hereby issued for the information of trial court judges in cases brought before them action; and
coming from the Barangays:
d. Actions which may be barred by the Statute of Limitations.
I. All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
9. Any class of disputes which the President may determine in the interest of justice or
Pambarangay Law (formerly P.D. 1508, repealed and now replaced by Secs. 399-422, Chapter VII,
upon the recommendation of the Secretary of Justice;
Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as the Local Government
Code of 1991), and prior recourse thereto is a pre-condition before filing a complaint in court or any 10. Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL)
government offices, except in the following disputes: (Sec. 46 & 47, R.A. 6657);

1. Where one party is the government, or any subdivision or instrumentality thereof; 11. Labor disputes or controversies arising from employer-employee relations
(Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants
2. Where one party is a public officer or employee, and the dispute relates to the
original and exclusive jurisdiction over conciliation and mediation of disputes, grievances or
performance of his official functions;
problems to certain offices of the Department of Labor and Employment);
3. Where the dispute involves real properties located in different cities and
12. Actions to annul judgment upon a compromise which may be filed directly in court
municipalities, unless the parties thereto agree to submit their difference to amicable
(See Sanchez vs. Tupaz, 158 SCRA 459).
settlement by an appropriate Lupon;
II. Under the provisions of R.A. 7160 on Katarungang Pambarangay conciliation, as
4. Any complaint by or against corporations, partnership or juridical entities, since
implemented by the Katarungang Pambarangay Rules and Regulations promulgated by the Secretary
only individuals shall be parties to Barangay conciliation proceedings either as complainants
of Justice, the certification for filing a complaint in court or any government office shall be issued by
or respondents (Sec. 1, Rule VI, Katarungang Pambarangay Rules);
Barangay authorities only upon compliance with the following requirements:
5. Disputes involving parties who actually reside in barangays of different cities or
1. Issued by the Lupon Secretary and attested by the Lupon Chairman (Punong
municipalities, except where such barangay units adjoin each other and the parties thereto
Barangay), certifying that a confrontation of the parties has taken place and that a
agree to submit their differences to amicable settlement by an appropriate Lupon;
conciliation settlement has been reached, but the same has been subsequently repudiated
6. Offenses for which the law prescribes a maximum penalty of imprisonment (Sec. 412, Revised Katarungang Pambarangay Law; Sec. 2[h], Rule III, Katarungang
exceeding one (1) year or a fine over five thousand pesos (P5,000.00); Pambarangay Rules);

7. Offenses where there is no private offended party; 2. Issued by the Pangkat Secretary and attested by the Pangkat Chairman, certifying
that:
8. Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
 a. a confrontation of the parties took place but no conciliation/settlement
has been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules; or
b. that no personal confrontation took place before the Pangkat through no
fault of the complainant (Sec. 4[f], Rule III, Katarungang Pambarangay Rules).
3. Issued by the Punong Barangay, as requested by the proper party on the ground of
failure of settlement where the dispute involves members of the same indigenous cultural
community, which shall be settled in accordance with the customs and traditions of that
particular cultural community, or where one or more of the parties to the aforesaid dispute
belong to the minority and the parties mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there has been no settlement as certified by
the datu or tribal leader or elder to the Punong Barangay of place of settlement (Secs. 1,4 &
5, Rule IX, Katarungang Pambarangay Rules); and
4. If mediation or conciliation efforts before the Punong Barangay proved
unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b], Revised
Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang Pambarangay Rules), or
where the respondent fails to appear at the mediation proceeding before the Punong
Barangay (3rd par. Sec. 8, a, Rule VI, Katarungang Pambarangay Rules), the Punong Barangay
shall not cause the issuance at this stage of a certification to file action, because it is now
mandatory for him to constitute the Pangkat before whom mediation, conciliation, or
arbitration proceedings shall be held.
The court in which non-criminal cases not falling within the authority of the Lupon under this
Code are filed may at any time before trial, motu proprio refer case to the Lupon concerned
for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular shall be effective
immediately.
Manila, Philippines. July 15, 1993.
(Sgd.) ANDRES R. NARVASA
Chief Justice
The Lawphil Project - Arellano Law Foundation
In accordance with the Local Government Code of 1991 (Republic Act 7160), the Katarungang
Pambarangay (KP) or the Barangay Justice System is an extra-governmental mechanism aims at
perpetuating the time-honored tradition of amicably settling interpersonal disputes in a community
without recourse to the formal legal system or confrontational social behavior.
The central feature of the system is the Lupong Tagapamayapa, a community-based conflict
resolution effort that is highly supportive of the notions of social ordering and human development.
While the speedy administration of justice is the immediate concern of the Katarungang
Pambarangay, of equal importance is leadership building and community empowerment as the
resultant effects of institutionalizing the system.

III. All complaints and/or informations filed or raffled to your sala/branch of the Regional Trial The KP Program contributes to the preservation of peace and order in the locality by way of
Court shall be carefully read and scrutinized to determine if there has been compliance with prior preventing the escalation of criminality. Criminality is one of the thematic areas that need to be
addressed in the Peace and Development Zones.
Barangay conciliation procedure under the Revised Katarungang Pambarangay Law and its
Implementing Rules and Regulations, as a pre-condition to judicial action, particularly whether the
certification to file action attached to the records of the case comply with the requirements
hereinabove enumerated in par. II;

IV. A case filed in court without compliance with prior Barangay conciliation which is a pre-
condition for formal adjudication (Sec. 412 [a] of the Revised Katarungang Pambarangay Law) may be
dismissed upon motion of defendant/s, not for lack of jurisdiction of the court but for failure to state
a cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs. CA, 151 SCRA 289), or
the court may suspend proceedings upon petition of any party under Sec. 1, Rule 21 of the Rules of
Court; and refer the case motu proprio to the appropriate Barangay authority, applying by analogy
Sec. 408 [g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as follows: