RULES ON SUMMARY PROCEDURE

Applies in lower courts

1) Civil cases:
a) ALL forcible entry and unlawful detainer regardless of damages
b) ALL other civil cases EXCEPT probate proceedings AND claim of damages does not
exceed 10k

2) Criminal cases:
a) Violations of traffic rules
b) Violations of rental law
c) Violations of city ordinance
d) Violations of RPC the penalty of which does not exceed 6 months of imprisonment or 1k
fine or both
e) Criminal negligence the damage does not exceed 10k

3) IN CIVIL CASES COVERED BY SUMMARY PROCEDURE

a) Complaints, compulsory counterclaims and crossclaims pleaded in the answer, answers
thereto
b) ALL PLEADINGS MUST BE VERIFIED
c) Answer must be filed within 10 days from receipt of summons.
d) Claims not pleaded are barred/deemed waived
e) Note 10 days
f) *usual course

4) IN CIVIL CASES COVERED BY SUMMARY PROCEDURE

a) In NCR, must be commenced via info filed by OCP
b) Info must be with affidavit of complainant and witnesses
c) Accused has 10 days from receipt of order to file counteraffidavit
d) Then proceed with arraignment and pretrial
e) In trial, testimony in direct is substituted by the affidavits earlier filed. Adopt the
testimony as part of direct, additional direct examination question, cross, redirect, recross
f) Judgment must be rendered within 30 days from termination of trial

5) COMMON PROVISIONS
a) ALL CASES COVERED BY SUMMARY PROCEDURE MUST BE REFERRED
FIRST TO BRGY FOR CONCILIATION PROCEEDINGS. FAILURE TO DO SO,
CASE WILL BE DISMISSED WITHOUT PREJUDICE.
b) ABOVE STATEMENT IS NOT APPLICABLE IF ACCUSED WAS ARRESTED
VALIDLY WITHOUT WARRANT
c) PROHIBITED PLEADINGS
i) Motion to dismiss or quash on ground of lack of jurisdiction over the subject matter
or non referral to brgy
ii) Motion for bill of particulars
iii) Motion for new trial, reconsideration, opening of judgment
 iv) Petition for relief from judgment
v) Motion for extension of time
vi) Memoranda
vii) Petition for certiorari, mandamus, or prohibition against any interlocutory order
viii) Motion to declare defendant in default
ix) Dilatory motions
x) Reply
xi) Third party complaints
xii) Interventions
6) Appealable to RTC, decisions of RTC on appeal is immediately executory.