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:

I.
Applicability (COURTS; NOT PROSECUTORS OFFICE)
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:

A. Civil Cases:

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.

B. Criminal Cases: (TRO)

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
(Rules of Court).

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.

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.

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.
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.

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 (OR) 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 (AND) 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.

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.

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.
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 (BUT) shall not apply to criminal cases where the
accused was arrested without a warrant.

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.

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.
Sec. 23. Effectivity. This revised Rule on Summary Procedure shall be
effective on November 15, 1991.

______________________________________________________________________________

Local Government Code of 1991

SEC. 408. Subject Matter for Amicable Settlement; Exception Thereto. - The
lupon of each barangay shall have authority to bring together the parties
actually residing in the same city or municipality for amicable settlement of all
disputes except:

a) Where one party is the government, or any subdivision or instrumentality

thereof;
b) Where one party is a public officer or employee, and the dispute relates to
the performance of his official functions;
c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
d) Offenses where there is no private offended party;
e) Where the dispute involves real properties located in different cities or
municipalities unless the parties thereto agree to submit their differences
to amicable settlement by an appropriate lupon;
f) Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each
other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
g) Such other classes of disputes which the President may determine in the
interest of justice or upon the recommendation of the Secretary of Justice.
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 the case to the lupon concerned for amicable settlement.
RIP GPP
Real properties of different cities or municipalities
Imprisonment exceeding 1 year or fine exceeding 5k
Parties reside in different cities or municipalities
One party is the Government
One party is a Public officer charged of an offence in connection with his office
No Private offended party

SEC. 409. Venue.

a) Disputes between persons actually residing in the same barangay shall be
brought for amicable settlement before the lupon of said barangay.
b) Those involving actual residents of different barangays within the same
city or municipality shall be brought in the barangay where the
respondent or any of the respondents actually resides, at the election of the
complainant.
c) All disputes involving real property or any interest therein shall be
brought in the barangay where the real property or the larger portion
thereof is situated.
d) Those arising at the workplace where the contending parties are employed
or at the institution where such parties are enrolled for study, shall be
brought in the barangay where such workplace or institution is located.
Objections to venue shall be raised in the mediation proceedings before the
punong barangay; otherwise, the same shall be deemed waived. Any legal
question which may confront the punong barangay in resolving objections to
venue herein referred to may be submitted to the Secretary of Justice, or his
duly designated representative, whose ruling thereon shall be binding.

SEC. 410. Procedure for Amicable Settlement.

a) Who may initiate proceeding - Upon payment of the appropriate filing fee,
any individual who has a cause of action against another individual
involving any matter within the authority of the lupon may complain, orally
or in writing, to the lupon chairman of the barangay.
b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
chairman shall within the next working day summon the respondent(s),
with notice to the complainant(s) for them and their witnesses to appear
before him for a mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first meeting of the parties
before him, he shall forthwith set a date for the constitution of the pangkat
in accordance with the provisions of this Chapter.
c) Suspension of prescriptive period of offenses - While the dispute is under
mediation, conciliation, or arbitration, the prescriptive periods for offenses
and cause of action under existing laws shall be interrupted upon filing of
 the complaint with the punong barangay. The prescriptive periods shall
resume upon receipt by the complainant of the complaint or the certificate
of repudiation or of the certification to file action issued by the lupon or
pangkat secretary: Provided, however, That such interruption shall not
exceed sixty (60) days from the filing of the complaint with the punong
barangay.
d) Issuance of summons; hearing; grounds for disqualification - The pangkat
shall convene not later than three (3) days from its constitution, on the day
and hour set by the lupon chairman, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses before it. In the event that a
party moves to disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds discovered after the
constitution of the pangkat, the matter shall be resolved by the affirmative
vote of the majority of the pangkat whose decision shall be final. Should
disqualification be decided upon, the resulting vacancy shall be filled as
herein provided for.
e) Period to arrive at a settlement - The pangkat shall arrive at a settlement or
resolution of the dispute within fifteen (15) days from the day it convenes in
accordance with this section. This period shall, at the discretion of the
pangkat, be extendible for another period which shall not exceed fifteen (15)
days, except in clearly meritorious cases.

SEC. 411. Form of Settlement. - All amicable settlements shall be in writing, in

a language or dialect known to the parties, signed by them, and attested to by
the lupon chairman or the pangkat chairman, as the case may be. When the
parties to the dispute do not use the same language or dialect, the settlement
shall be written in the language or dialect known to them.

SEC. 412. Conciliation.

a) Pre-condition to Filing of Complaint in Court. - No complaint, petition,
action, or proceeding involving any matter within the authority of the lupon
shall be filed or instituted directly in court or any other government office
for adjudication, unless there has been a confrontation between the parties
before the lupon chairman or the pangkat, and that no conciliation or
settlement has been reached as certified by the lupon secretary or pangkat
secretary as attested to by the lupon or pangkat chairman or unless the
settlement has been repudiated by the parties thereto.
b) Where Parties May Go Directly to Court. - The parties may go directly to
court in the following instances:
1. Where the accused is under detention;
 2. Where a person has otherwise been deprived of personal liberty calling
for habeas corpus proceedings;
3. Where actions are coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property, and
support pendente lite; and
4. Where the action may otherwise be barred by the statute of
limitations.
(c) Conciliation among members of indigenous cultural communities. - The
customs and traditions of indigenous cultural communities shall be applied in
settling disputes between members of the cultural communities.

Republic of the Philippines

Congress of the Philippines
Metro Manila

Eighth Congress

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED

OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF
THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND
PROVIDING PENALTIES FOR VIOLATIONS THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in

Congress assembled::

Section 1. Statement of Policy. It is the policy of the Senate to value the

dignity of every human being and guarantee full respect for human rights.

Section 2. Rights of Persons Arrested, Detained or Under Custodial

Investigation; Duties of Public Officers.

(a) Any person arrested, detained or under custodial investigation

shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or
his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford
the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer.

(c) The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or
thumbmarked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his
counsel or by the assisting counsel provided by the investigating officer
in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no
effect whatsoever.

(d) Any extrajudicial confession (confession - direct admission of guilt;

admission partial confession) made by a person arrested, detained
or under custodial investigation shall be in writing and signed by such
person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge,
district school supervisor, or priest or minister of the gospel as chosen by
him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of

Article 125 of the Revised Penal Code, or under custodial investigation,
shall be in writing and signed by such person in the presence of his
counsel; otherwise the waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall

be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, or by
any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental
organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fianc or fiance,
parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of
issuing an "invitation" to a person who is investigated in connection with an
(specific) offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.

Section 3. Assisting Counsel. Assisting counsel is any lawyer, except those

directly affected by the case, those charged with conducting preliminary
investigation or those charged with the prosecution of crimes.

The assisting counsel other than the government lawyers shall be entitled to
the following fees;

(a) The amount of One hundred fifty pesos (P150.00) if the suspected
person is chargeable with light felonies;

(b) The amount of Two hundred fifty pesos (P250.00) if the suspected
person is chargeable with less grave or grave felonies;

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected
person is chargeable with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality
where the custodial investigation is conducted, provided that if the
municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to pay the fees of
assisting counsel before the province pays said fees.

In the absence of any lawyer, no custodial investigation shall be conducted and

the suspected person can only be detained by the investigating officer in
accordance with the provisions of Article 125 of the Revised Penal Code.

Section 4. Penalty Clause. (a) Any arresting public officer or employee, or

any investigating officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to have
competent and independent counsel preferably of his own choice, shall suffer a
fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less
than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the
investigating officer who has been previously convicted of a similar offense.

The same penalties shall be imposed upon a public officer or employee,

or anyone acting upon orders of such investigating officer or in his place,
who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the commission of
an offense if the latter cannot afford the services of his own counsel.
 (b) Any person who obstructs, prevents or prohibits any lawyer, any
member of the immediate family of a person arrested, detained or under
custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by
his counsel, from visiting and conferring privately with him, or from
examining and treating him, or from ministering to his spiritual needs, at
any hour of the day or, in urgent cases, of the night shall suffer the
penalty of imprisonment of not less than four (4) years nor more than six
(6) years, and a fine of four thousand pesos (P4,000.00).lawphi1

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent his
escape.

Section 5. Repealing Clause. Republic Act No. No. 857, as amended, is

hereby repealed. Other laws, presidential decrees, executive orders or rules and
regulations, or parts thereof inconsistent with the provisions of this Act are
repealed or modified accordingly.

Section 6. Effectivity. This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in any daily newspapers of general
circulation in the Philippines.

Approved: April 27, 1992.