1991 Revised Rule on Summary Procedure

Scope (Sec. 1)
- Shall govern the summary procedure:
o Metropolitan Trial Court
o Municipal Trial Court
o Municipal Circuit Trial Court
- In the following cases:
o Civil Cases
 Cases of Forcible Entry and Unlawful Detainer – irrespective of the amount of the
damages or unpaid rentals. If attorney’s fees are awarded the same shall not exceed
P20,000
 All other cases, except probate proceedings where the total amount of the plaintiff’s
claim does not exceed P100,000 (Provincial) or P200,000 (Metro Manila) exclusive of
interest and costs
o Criminal Cases
 Violation of Traffic laws, rules and regulations
 Violations of Rental Law
 Violations of municipal and city ordinance
 All other criminal cases – Penalty prescribed not exceeding 6months or fine not
exceeding P1,000 or both (Irrespective of imposable penalties, accessory, or otherwise
or of the civil liability arising therefrom)
 In offenses involving damage to property through criminal negligence where imposable
fine not exceeding P10,000
o Not applicable to civil cases where plaintiff’s cause of action is pleaded in the same complaint
with another cause of action subject to ordinary procedure
o Not applicable to Criminal cases where the offense charged is necessarily related to another
criminal case subject to ordinary procedure
- Upon the filing of a civil or criminal action, the court shall issue an order declaring whether of not the case
shall be governed by this rule (Sec.2)

Civil Cases

Pleadings allowed:
- Complaints
- Compulsory counterclaim
- Cross-claims
(All pleadings should be verified)

Duty of the Court

- from an examination of the allegations and such evidence attached the court may:
o dismiss the case outright on any of the grounds apparent
o issue summons if no ground for dismissal is found (which shall state that the summary procedure
under this Rule shall apply

Answer
- must be filed by the defendant within 10 days from the service of summons
- must also serve a copy on the plaintiff
- affirmative and negative defenses not pleaded are deemed waived (except lack of jurisdiction over the
subject matter)
- cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred
 - answer to counterclaims or cross-claims shall be filed and served within 10 days from service of the
answer in which they are pleaded

What if the defendant fails to file an answer within the period provided?
- The court can render judgment motu proprio or on motion by the plaintiff
- As warranted by the facts alleged in the complaint
- Limited to what is prayed in the complaint
- Court can reduce the amount of damages in its discretion for being excessive and unconscionable
- Without prejudice if there are two or more defendants

Preliminary Conference
When - Not later than 30 days from the filing of the last answer
How – based on rules on pre-trial on ordinary cases (unless inconsistent with this rule)
Failure to appear – if plaintiff fails to appear:
 Failure shall be a cause of dismissal
 Defendant who appears is entitled to judgment on his counterclaim with accordance to
sec.6 (failure to file an answer)
 All cross-claims shall be dismissed
o If defendant fails to appear
 If sole defendant fails to appear, the plaintiff will be entitled to judgment in accordance
with Sec. 6
 Not applicable if there is one of two or more defendants sued under the a common
cause of action, who pleaded a common defense shall appear

Record of Preliminary Conference

- It is an order issued by the court stating the matters taken up in the preliminary conference (PC)
- Shall be issued within 5 days after the termination of the PC
- Including but not limited to:
o Whether the parties have arrived at an amicable settlement, and if so, the terms thereof
o The stipulations or admissions entered by the parties
o Whether judgment can be rendered without the need of further proceedings
 On the basis of the pleadings and the stipulations and admissions made by the parties
 In which event the judgment shall be rendered within 30 days from issuance of the
order
o Clear specification of material facts which remain controverted
o Such other matters intended to expedite the disposition of the case

Submission of affidavits and position paper

- Parties shall submit the affidavits of their witnesses and other evidence on the factual issues defined in
the order within 10 days from receipt of the order
- This shall include the position papers setting forth the law and the facts relied upon by them

Rendition of Judgment
- The court shall render judgment:
o Within 30 days after the receipt of the last affidavits and position papers
o Or the expiration of the period for filing the same with the court
- Court can issue an order to clarify certain material facts
o Parties can be required to submit affidavits or other evidence for the said matters
o Must be filed within 10 days from the receipt of the said order
o Judgment shall be rendered 15 days after the receipt of the last clarificatory affidavit or the
expiration of filing the same
Criminal Cases

How commenced
- By complaint or by information
- In metropolitan manila and other chartered cities
o Such cases shall be commenced only by information
o Except when the offense cannot be prosecuted de oficio
- Complaint or information shall be accompanied by the affidavits of the complainant and his witnesses
- Number of copies of the affidavits should be equal to the number of the accused plus 2 copies for the
court’s file
- Required affidavits must be submitted within 5 days from the date of filing (complaint/information) or the
case may be dismissed

Duty of the court

- If commenced by complaint
o If the case is found to be patently without basis the court can order the dismissal of the case
outright and the release of the accused if in custody
- If commenced by information
o court shall issue an order (together with copies of the affidavits and other evidence submitted by
the prosecution) requiring the accused to file his counter-affidavit and the affidavits of his
witnesses and evidences on his behalf
 copies must be served by the accused to the complainant/prosecutor
o must not be later than 10 days from the receipts of said order
o prosecution may file reply affidavits within 10 days after the receipt of the counter-affidavit

Arraignment and Trial

- if upon consideration of the complaint or information and the affidavits submitted, the court finds no
causes or grounds to hold accused for trial, it shall order the dismissal
- if otherwise the court shall set the case for arraignment and trial
- if the accused is in custody, he must be immediately arraigned and if he enters a guilty plea then he shall
be sentenced

Preliminary Conference
- conducted before trial
- parties are called and a stipulation of facts may be entered
- propriety of the accused being allowed to plead guilty to a lesser offense will be considered
o accused’s plea in order to be valid must be reduced in writing and signed by him and his counsel
- other matters may be taken up to clarify the issues to ensure a speedy disposition
- refusal to stipulate shall not prejudice the accused

Procedure of trial
- affidavits submitted shall constitute direct testimonies of the witnesses who executed the same
- witnesses may be subjected to cross, re-cross and re-direct examination
- if affiant fails to testify his affidavit shall not be considered as competent evidence
o adverse party may use the same for admissible purposes
- no witness shall be allowed to testify unless his affidavit was previously submitted to the court
o except on rebuttal
- party can manifest during preliminary conference if he wants to present additional affidavits or counter-
affidavits as part of his direct evidence
- additional affidavits must be served to the court within 3 days after the termination of the preliminary
conference
Arrest
- court shall not order arrest of the accused except for failure to appear when required
- accused can be released by either bail or recognizance

Judgement
- court shall promulgate judgment not later than 30 days after the termination of trial

Common Provisions
- failure to show compliance in cases requiring the referral to the lupon for conciliation will lead to the
dismissal of the case without prejudice
o the case can be revived after compliance with such requirement
- Pleading and motions prohibited
o 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 brgy conciliation
o Motion for bill of particulars
o Motion for new trial, or for reconsideration of a judgment, or for reopening of trial
o Petition for relief from judgment
o Motion for extension to file (pleadings, affidavits or any other paper)
o Memoranda
o Petition for certiorari, mandamus or prohibition against any interlocutory order issued by the
court
o Motion to declare defendant in default
o Dilatory motions for postponement
o Reply
o Third party complaints
o Intervention
- Affidavits shall only include facts of direct personal knowledge of the affiants
o Violation of this may subject party or counsel to disciplinary action and cause the affidavit to be
inadmissible

Appealable to the RTC which decided the same case

- Regular procedure of the rules of court shall apply and shall be suppletory insofar as they are not
inconsistent herewith