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RULES-ON-EXPEDITED-PROCEDURES

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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.
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