RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS • RULE I: APPLICABILITY • RULE II: GENERAL COMMON PROVISIONS • RULE Ill: THE RULE ON SUMMARY PROCEDURE • RULE IV: THE RULE ON SMALL CLAIMS • RULE V : EFFECTIVITY RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Summary Procedure Cases, as follows: (a) Forcible entry and unlawful detainer regardless of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed One Hundred Thousand Pesos (Php100,000.00) RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Summary Procedure Cases, as follows: (b) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff's claim does not exceed Two Million Pesos (Php2,000,000.00), exclusive of interest, damages of whalever kind, attorney's fees, litigation expenses and costs. RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Summary Procedure Cases, as follows: (c) Complaints for damages where the claim doesnnot exceed Two Million Pesos (P2,000,000.00), exclusive of interest and costs, RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Summary Procedure Cases, as follows: (d) Cases for enforcement of baranqay amicable settlement agreements and arbitration awards where the money claim exceeds One Million Pesos (P1 ,000,000.00) provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award of from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable pursuant to Section 417 Chapter VIl of Republic Act No. 7160, otherwise known as The Local Government Code of 1991. RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Summary Procedure Cases, as follows: (c) Cases solely for the revival of judgment of any Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial Court pursuant to Rule 39 Section 6 of the Rules of Court. RULE I SECTION 1 - Coverage A. CIVIL CASES (2) Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos (P1,000,000.00) exclusive of interest and costs. RULE I SECTION 1 - Coverage A. CIVIL CASES A "small claim" is an action that is purely civil in nature where the claim or relief raised by then plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies. RULE I SECTION 1 - Coverage A. CIVIL CASES (1) Small Claims Cases The claim of demand may be: (a) For money owed under any of the following: 1. Contract of Lease; 2. Contract of Loan and other credit accommodations; 3.Contract of services; 4.Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. A. CIVIL CASES RULE I SECTION 1 - Coverage (1) Small Claims Cases The claim of demand may be: (a) the enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos. (Php1,000,000.00) provided that no execution has been enforced by the barangay within six months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable pursuant to Section 417 Chapter VII of Republic Act No. 7160 otherwise known as the Local Government Code of 1991. RULE I SECTION 1 - Coverage B. CRIMINAL CASES The following criminal cases shall be governed by the Rule on Summary Procedure; 1. violations of traffic laws, rules and regulations; 2. (2) Violations of the rental law; 3. (3) Violations of municipal or city ordinances: 4. (4) Violations of Batas Pambansa Big, 22 (the Bouncing Checks Law); and RULE I SECTION 1 - Coverage B. CRIMINAL CASES The following criminal cases shall be governed by the Rule on Summary Procedure; 5. All other criminal cases where the penalty prescribed by law for ghe offense charged is imprisonment not exceeding one (1) year, or a fine not exceeding Filty Thousand Pesos (P50,000.00), or both, regardless of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. In offenses involving damage to property through criminal negligence under Article 365 of the Revised Penal Code, this Rule shall govern where the imposable fine does not exceed One Hundred Fifty Thousand Pesos (P150,000.00). RULE I SECTION 1 - Coverage B. CRIMINAL CASES It the prescribed penalty consists of Imprisonment and/or a fine, the prescribed imprisonment shall be the basis for determining the applicable procedure RULE I SECTION 1 - Coverage ALL OTHER CASES NOT INCLUDED IN RULE 1, SECTION 1 SHALL BE GOVERNED BY THE REGULAR RULES OF PROCEDURE RULE I APPLICABILITY Section 2. Non-applicability - These Rules shall not apply to civil cases where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the regular procedure; nor to criminal cases where the offense charged is necessarily related to another criminal case subject to the regular procedure RULE II GENERAL COMMON PROVISIONS Section 1. Applicability of the regular rules. – The regular procedure prescribed in the Rules of Court shall apply to the cases covered by these Rules where no specific provision is found herein. It shall also apply in a suppletory manner even if there is a specific provision found in these Rules, but only in so far as not inconsistent. In case of inconsistency, these Rules shall prevail. RULE II GENERAL COMMON PROVISIONS Section 2. Prohibited pleadings and motions. The following pleadings, motions, or petitions shall not be allowed in cases governed by these Rules: (a) In civil cases, a motion to dismiss the complaint or the statement of claim, and in criminal cases, a motion to quash the complaint or information, except on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay conciliation, pursuant to Chapter VIl, Title 1, Book Ill of Republic Act No, 7160; RULE II GENERAL COMMON PROVISIONS Section 2. Prohibited pleadings and motions. The following pleadings, motions, or petitions shall not be allowed in cases governed by these Rules: (i)Motion to declare the defendant in default; (j)Dilatory motions for postponement. postponement shall be presumed dilatory unless grounded on acts of God or force majeure, or physical inability of counsel or witness to personally appear in court as supported by the requisite affidavit and medical proof (k) Rejoinder. RULE II GENERAL COMMON PROVISIONS Section 2. Prohibited pleadings and motions. The following pleadings, motions, or petitions shall not be allowed in cases governed by these Rules: (l)Third-party complaints; (m)Motion for and Complaint-in-Intervention; (n)Motion to admit late judicial affidavit/s position paper or other evidence,except on the ground of force majeure or acts of God: (o)Motion for judicial determination of probable cause in criminal cases RULE II GENERAL COMMON PROVISIONS Section 3. Videoconference - As far as practicable, and if the court finds that the conduct of a videoconference hearing will be beneficial to the fair! speedy and efficient administration of justice, the court, on its own initiative or upon motion, may set the case for a videoconference hearing at any stage of the proceedings. RULE II GENERAL COMMON PROVISIONS Section 4. Service pursuant to international convention, - Service made pursuant to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters shall be valid, and the period to answer shall commence from receipt of the document served. RULE IV EFFECTIVITY The Rules on Expedited Procedures in the First Level Courts shall take effect on 11 April 2022 and shall prospectively apply only to cases filed from the said date of effectivity. Those pending cases covered by these Rules, which are currently before the second and first level courts, shall remain with and be decided by those same courts based on the rules applicable at the time those cases were filed. RULES ON SMALL CLAIMS RULES ON SMALL CLAIMS SALIENT FEATURES INCREASED SCOPE Up to P1 Million ADDITIONAL DEFINITIONS Business of Lending & Banking VENUE PROVISION FOR 2 OR MORE DEFENDANTS Court of the city or municipality where any of them reside or is holding business, it plaintiff is engaged in the business of lending or banking and has a branch there REDUCED RE-FILING FEE CASES DISMISSED WITHOUT PREJUDICE FOR FAILURE TO SERVE SUMMONS If re-filed within 1 year from notice of dismissal, fixed amount of Two Thousand Pesos (P2,000.00), inclusive of lee for service of summons and process. GROUNDS FOR DISMISSAL X NO JURISDICTION OVER SUDJECT MATTER OR THE DEFENDANT X ANOTHER ACTION IS PENDING X BARRED Y PRIOR JUDGMENT X IMPROPER VENUE X NO LEGAL CAPACITY TO SUE X NO CAUSE OF ACTION X NON-COMPLIANCE WITH PRE-CONDITION X FAILURE TO SUBMIT AFFIDAVITS ELECTRONIC FILING & SERVICE EMAIL, FACSIMILE, MEANS OTHER ELECTRONIC Notices may be served through mobile phone calls, SMS, or instant messaging. SERVICE OF SUMMONS • SUMMONS ISSUED WITHIN 24 HOURS • SERVED BY SHERIFF WITHIN 10 DAYS • PLAINTIFF MAY SERVE SUMMONS WITHIN 30 DAYS 1. It returned by sheriff without being served, or 2. If to be served outside the court's judicial region HEARING DAY • WITHIN 30 DAYS FROM 30 FILING OF CLAIM • WITHIN 60 DAYS IF ONE (60; OF THE DEFENDANTS IS FROM OUTSIDE THE JUDICIAL REGION • JUDGMENT WITHIN HOURS AFTER ARING DEFENDANT DOES NOT FILE RESPONSE BUT APPEARS DURING HEARING Can offer defense during hearing. Given 3 days to submit documentary evidence. X DOES NOT APPEAR DURING HEARING Court to render judgment with n 24 hours APPEARANCE AT THE HEARING 01 PERSONALLY 02 REPRESENTATIVE For just cause Must not be a lawyer, Need not be a relative ALTERNATIVE VIDEOCONFERENCING PLATFORMS COURT-PRESCRIBEDPLATFORM Should a party have difficultly, the court may allow the use of an alternative platform or instant messaging application with video call feature. IMPROVED FORMS RE-FORMATTED & UPDATED Ease of use Check list-style Judgment CONTAINS GUIDELINES Small Claims Procedure Rights & options of the parties TRANSLATIONS Filipino & other local dialects HIGHLIGHTS IN SUMMARY PROCEDURE: JURISDICTIONAL AMOUNTS CASES NEW AMOUNTS Al el action. Except probate proceeding, admiralty and maritime actions, and small claims cases covered by Rule IV. Does not exceed P2,000,000.00 Complaints for damages Does not exceed P2,000,000.00 Cases for enforcement of Exceeds P1,000,000 00 barangay amicable settlement agreements HIGHLIGHTS IN SUMMARY PROCEDURE; APPLICABILITY OF THE 2019 AMENDMENTS TO HE 1997 RULES OF CIVIL PROCEDURE All pleadings shall comply with Rule 7 of the 2019 Amendments to the 1997 Rules of Civil Procedures of the Amendments. Sec. 3 Complaint, - The Complaint shall tote the following: (a) the names of the whole Judicial Affidavits will be presented to prove the plaintiff’s claim. The Judicial Affidavits shall be attached to the complaint and form an integral part thereof, Judicial Affidavits not attached to the Complaint shall not be considered. (b) The summary of the statements in the Judicial Affidavits (c) The documentary and other object evidence HIGHLIGHTS IN SUMMARY PROCEDURE: APPEALS RULE III - THE RULE ON SUMMARY PROCEDURE C. APPEALS IN SUMMARY PROCEDURE Section 2. Remedy from judgment on appeal. - The judgment of the Regional Trial Court on the appeal shall be final, executory, and unappealable. Day 1: Complaint Includes comellance-check with: • Rule on Verification and Certification Against Forum Shopping • Prior Barangay Conciliation, and • Grounds for outright dismissal Day 5: SUMMONS If the case not dismissible, court to issue summons. Day 35/45 ANSWER • Judicial Affidavits to be attached (with summary of statements, documentary or object evidence, consent to service by electronic means) • Affirmative defenses not pleaded deemed waived, except lack of jurisdiction over subject matter. • If no answer filed, the court may render judgment. • Reply allowed only if an actionable document was attached to answer. Day 65/75 Preliminary Conference • Issuance of conference Notice of Preliminary • Preliminary Conference brief • Preliminary Conference Order may require position papers, to be submitted within 10 calendar days. • Referral to CAM and JOR. (CAM) Day 66-95 (JDR) Day 96-110 • CAM must be terminated within calendar days from date of referral 30 • JOR, must be terminated within calendar days from failure of CAM 15 • If successful in either CAN of JOR shall be rendered 30 calendar days. (CAM) Day 66-95 + 10* (JOR) Day 96-110 + 10* P+10 M with Clarificatory Affidavits) Clarificatory Affidavits and Evidence • Submissionwithin 10 calendar days from receipt of the order. • Judgment shall be rendered within 15 calendar days after receipt of the last clarifactory, Judicial affidavit of the expiration of the period Day 105-135, if with CAM Day 120-150, if with JOR Judgment • Judgment within 30 calendar days from the issuance of the PCO, if position papers not rendered. • If position papers rendered, judgment within 30 calendar days, from receipt of last position paper, if no clarification is needed. • Within 30 calendar days, from receipt by the court of the Mediator's Report or JOR Report. • If the court requires additional judicial affidavits or either evidence, within 15 days from receipt of the last clarificatory judicial affidavits, or the expiration of the period APPEAL • Proper mode of Appeal • Rule 40 of the Rules of Court • By filing a notice of appeal with proof f payment of the appeal fees. • With the court that rendered the judgment, order, or resolution appealed from. • Within 15 calendar days from receipt of judgment, order, resolution appealed from • The judgment of the Regional Trial Court on the appeal shall be final executory and unspellable. Day 1: Complaint or Information The filing of criminal cases governed by the Rule on Summary Procedure shall either be by complaint or by information D: Day 1-10 ND: Day 1-30 Arraignment and Pre-Trial • For detained accused, within10 calendar days from receipt of the case • For non-detained accused, within 10 calendar days from receipt of the case D; 11-40, If CAM D: 41-56, If JDR ND:Day 31-60, If CAM ND: Day 61-76, if JDR CAM (AND JDR) • CAM must be terminated within 30 calendar days from date of referral • JDR must be terminated within 15 calendar days from failure of CAM • If either CAM or JOR is successful, judgments upon compromise (civil aspect) and the dismissal (criminal aspect) of the case • If not successful, case proceeds to trial. TRIAL AND ERROR • 60 calendar days each for prosecution and defense to present evidence • 15 calendar days for prosecution to present rebuttal evidence JUDGMENT Within 30 days from court’s action on last offer of evidence (defense, or persecution on rebuttal) RUNNING TIME DETAINED (WITH CAM) 146-175 DETAINED (CAM+JDR) 176-191 NON DETAINED (WITH CAM) 166-195 NON DETAINED (CAM +JDR) 196-211 JUDGMENT +30 APPEAL • Proper mode of Appeal • Rule 112of the Rules of Court • By filing a notice of appeal with proof of payment of the appeal fees. • With the court that rendered the judgment, order, or resolution appealed from. • Within 15 calendar days from receipt of judgment, order, resolution appealed from • The judgment of the Regional Trial Court on the appeal shall be final executory and unspellable.