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An Act Establishing a High School in Barangay Tigbao, Municipality of Dumalinao, Province of Zamboanga del Sur, to be Known as the Tigbao

High School, and Appropriating Funds Therefor


Republic Act No. 7092
Congress of the Philippines
2 August 1991
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
SECTION 1. There shall be established a high school in Barangay Tigbao, Municipality of Dumalinao, Province of Zamboanga del Sur,
to be known as the Salcedo High School.
SECTION 2. The Secretary of the Department of Education, Culture and Sports shall issue such rules and regulations as may be
necessary to carry out the purpose of this Act.
SECTION 3. The amount necessary to carry out the provisions of this Act is hereby authorized to be appropriated in the General
Appropriations Act of the year following its enactment into law and thereafter.
SECTION 4. This Act shall take effect upon its approval.

Republic Act No. 8369 October 28, 1997


AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129,AS AMENDED, OTHERWISE KNOWN AS ACT OF 1980,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the "Family Courts Act of 1997".
Section 2. Statement of National Policies. - The State shall protect the rights and promote the welfare of children in keeping with the
mandate of the Constitution and the precepts of the United Nations Convention on the rights of the Child. The State shall provide a system
of adjudication for youthful offenders which takes into account their peculiar circumstances.
The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. The
courts shall preserve the solidarity of the family, provide procedures for the reconciliation of spouses and the amicable settlement of
family controversy.
Section 3. Establishment of Family Courts. - There shall be established a Family Court in every province and city in the country. In
case where the city is the capital of the province, the Family Court shall be established in the municipality which has the highest population.
Section 4. Qualification and Training of Family Court Judges. - Sec. 15 of Batas Pambansa Blg. 129, as amended, is hereby further
amended to read as follows:
"Sec. 15. (a) Qualification. - No person shall be appointed Regional Trial Judge or Presiding Judge of the Family Court unless he is a
natural-born citizen of the Philippines, at least thirty-five (35) years of age, and, for at least ten (10) years, has been engaged in the
practice of law in the Philippines or has held a public office in the Philippines requiring admission to the practice of law as indispensable
requisite.
"(b) Training of Family Court Judges. - The Presiding Judge, as well as the court personnel of the Family Courts, shall undergo training
and must have the experience and demonstrated ability in dealing with child and family cases.
"The Supreme Court shall provide a continuing education program on child and family laws, procedure and other related disciplines to
judges and personnel of such courts."
Section 5. Jurisdiction offamily Courts. - The Family Courts shall have exclusive original jurisdiction to hear and decide the following
cases:
a) Criminal cases where one or more of the accused is below eighteen (18) years of age but not less than nine (9) years of age but not
less than nine (9) years of age or where one or more of the victims is a minor at the time of the commission of the offense: Provided, That
if the minor is found guilty, the court shall promulgate sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to Ptesidential Decree No. 603, otherwise known as
the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
c) Petitions for adoption of children and the revocation thereof;
d) Complaints for annulment of marriage, declaration of nullity of marriage and those relating to marital status and property relations of
husband and wife or those living together under different status and agreements, and petitions for dissolution of conjugal partnership of
gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under the provisions of Executive Order No. 209, otherwise known as the "Family Code of the
Philippines";
g) Petitions for declaration of status of children as abandoned, dependent o neglected children, petitions for voluntary or involuntary
commitment of children; the suspension, termination, or restoration of parental authority and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series of 1986), and other related laws;
h) Petitions for the constitution of the family home;
i) Cases against minors cognizable under the Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act," as amended by Republic Act No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based violence that results, or are likely to result in physical, sexual or psychological harm or
suffering to women; and other forms of physical abuse such as battering or threats and coercion which violate a woman's personhood,
integrity and freedom movement; and
2) Children - which include the commission of all forms of abuse, neglect, cruelty, exploitation, violence, and discrimination and all other
conditions prejudicial to their development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case pending in the regular courts, said incident
shall be determined in that court.
Section 6. Use of Income. - All Family Courts shall be allowed the use of ten per cent (10%) of their income derived from filing and
other court fees under Rule 141 of the Rules of Court for research and other operating expenses including capital outlay: Provided, That
this benefit shall likewise be enjoyed by all courts of justice.
The Supreme Court shall promulgate the necessary guidelines to effectively implement the provisions of this Sec.
Section 7. Special Provisional Remedies. - In cases of violence among immediate family members living in the same domicile or
household, the Family Court may issue a restraining order against the accused of defendant upon verified application by the complainant
or the victim for relief from abuse.
The court may order the temporary custody of children in all civil actions for their custody. The court may also order support pendente
lite, including deduction from the salary and use of conjugal home and other properties in all civil actions for support.
Section 8. Supervision of Youth Detention Homes. - The judge of the Family Court shall have direct control and supervision of the
youth detention home which the local government unit shall establish to separate the youth offenders from adult criminals: Provided,
however, That alternatives to detention and institutional care shall be made available to the accused including counseling, recognizance,
bail, community continuum, or diversions from the justice system: Provided, further, That the human rights of the accused are fully
respected in a manner appropriate to their well-being.
Section 9. Social Services and Counseling Division. - Under the guidance ofthe Department of Social Welfare and Development
(DSWD), a Social Services and Counseling Division (SSCD) shall be established in each judicial region as the Supreme Court shall deem
necessary based on the number of juvenile and family cases existing in such jurisdiction. It shall provide appropriate social services to all
juvenile and family cases filed with the court and recommend the proper social action. It shall also develop programs, formulate uniform
policies and procedures, and provide technical supervision and monitoring of all SSCD in coordination with the judge.
Section 10. Social Services and Counseling Division Staff. - The SSCD shall have a staff composed of qualified social workers and
other personnel with academic preparation in behavioral sciences to carry out the duties'of conducting intake assessment, social case
studies, casework and counseling, and othersocial services that may be needed in connection with cases filed with the court: Provided,
however, That in adoption cases and in petitions for declaration of abandonment, the case studies may be prepared by social workers of
duly licensed child caring or child placement agencies, or the DSWD. When warranted, the division shall recommend that the court avail
itself of consultative services of psychiatrists, psychologists, and other qualified specialists presently employed in other departments of
the government in connection with its cases.
The position of Social Work Adviser shall be created under the Office of the Court Administrator, who shall monitor and supervise the
SSCD ofthe Regional Trial Court.
Section 11. Alternative Social Services. - In accordance with Sec. 17 of this Act, in areas where no Family Court has been established
or no Regional Trial Court was designated by the Supreme Court due to the limited number of cases, the DSWD shall designate and
assign qualified, trained, and DSWD accredited social workers of the local government units to handle juvenile and family cases filed in
the designated Regional Trial Court of the place.
Section 12. Privacy and Confidentiality of Proceedings. - All hearings and conciliation of the child and family cases shall be treated
in a manner consistent with the promotion of the child's and the family's dignity and worth, and shall respect their privacy at all stages of
the proceedings. Records of the cases shall be dealt with utmost confidentiality and the identity of parties shall not be divulged unless
necessary and with authority of the judge.
Section 13. Special Rules of Procedure. - The Supreme Court shall promulgate special rules of procedure for the transfer of cases
to the new courts during the transition period and for the disposition of family cases with the best interests of the child and the protection
of the family as primary consideration taking into account the United Nations Convention on the Rights of the Child.
Section 14. Appeals. - Decisions and orders of the court shall be appealed in the same manner and subject to the same conditions as
appeals from the ordinary Regional Trial Courts.
Section 15. Appropriations. - The amount necessary to carry out the provisions of this Act shall be included in the General
Appropriations Act of the year following in its enactment into law and thereafter.
Section 16. Implementing Rules and Regulations. - The Supreme Court, in coordination with the DSWD, shall formulate the
necessary rules and regulations for the effective implementation of the social aspects of this Act.
Section 17. Transitory Provisions. - Pending the establishment of such Family Courts, the Supreme Court shall designate from
among the branches ofthe Regional Trial Court at least one Family Court in each of the cities of Manila, Quezon, Pasay, Caloocan,
Makati, Pasig, Mandaluyong, Muntinlupa, Laoag, Baguio, Santiago, Dagupan, Olongapo, Cabanatuan, San Jose, Angeles, Cavite,
Batangas, Lucena, Naga, Iriga, Legazpi, Roxas, Iloilo, Bacolod, Dumaguete, Tacloban, Cebu, Mandaue, Tagbilaran, Surigao, Butuan,
Cagayan de Oro, Davao, General Santos, Oroquieta, Ozamis, Dipolog, Zamboanga, Pagadian, Iligan, and in such other places as the
Supreme Court may deem necessary.
Additional cases other than those provided in Sec. 5 may be assigned to the Family Courts when their dockets permit: Provided, That
such additional cases shall not be heard on the same day family cases are heard.
In areas where there are no Family Courts, the cases referred to in Sec. 5 of this Act shall be adjudicated by the Regional Trial Court.
Section 18. Separability Clause. - In case any provision of this Act is declared unconstitutional, the other provisions shall remain in
effect.
Section 19. Repealing Clause. - All other laws, decrees, executive orders, rules or regulations inconsistent herewith are hereby
repealed, amended or modified accordingly.
Section 20. Effectivity. - This Act shall take effect fifteen (15) days after its publication in at least two (2) national newspapers of
general circulation.
Approved October 28, 1997.
REPUBLIC ACT NO. 8799
THE SECURITIES REGULATION CODE
CHAPTER II SECURITIES AND EXCHANGE COMMISSION
5.2. The Commission’s jurisdiction over all cases enumerated under section 5 of Presidential Decree No. 902-A is hereby transferred
to the Courts of general jurisdiction or the appropriate Regional Trial Court: Provided, That the Supreme Court in the exercise of its
authority may designate the Regional Trial Court branches that shall exercise jurisdiction over the cases. The Commission shall retain
jurisdiction over pending cases involving intra-corporate disputes submitted for final resolution which should be resolved within one (1)
year from the enactment of this Code. The Commission shall retain jurisdiction over pending suspension of payment/rehabilitation cases
filed as of 30 June 2000 until finally disposed.

A.M. No. 01-2-04-SC March 13, 2001


Re: PROPOSED INTERIM RULES OF PROCEDURE GOVERNING INTRA-CORPORATE CONTROVERSIES UNDER R. A. NO. 8799
RESOLUTION
INTERIM RULES OF PROCEDURE FOR INTRA-CORPORATE CONTROVERSIES
RULE 1
GENERAL PROVISIONS
SECTION 1. (a) Cases covered. – These Rules shall govern the procedure to be observed in civil cases involving the following:
1. Devices or schemes employed by, or any act of, the board of directors, business associates, officers or partners, amounting
to fraud or misrepresentation which may be detrimental to the interest of the public and/or of the stockholders, partners, or
members of any corporation, partnership, or association;
2. Controversies arising out of intra-corporate, partnership, or association relations, between and among stockholders,
members, or associates; and between, any or all of them and the corporation, partnership, or association of which they are
stockholders, members, or associates, respectively;
3. Controversies in the election or appointment of directors, trustees, officers, or managers of corporations, partnerships, or
associations;
4. Derivative suits; and
5. Inspection of corporate books.
(b) prohibition against nuisance and harassment suits. - Nuisance and harassment suits are prohibited. In determining whether a suit
is a nuisance or harassment suit, the court shall consider, among others, the following:
1. The extent of the shareholding or interest of the initiating stockholder or member;
2. Subject matter of the suit;
3. Legal and factual basis of the complaint;
4. Availability of appraisal rights for the act or acts complained of; and
5. Prejudice or damage to the corporation, partnership, or association in relation to the relief sought.
In case of nuisance or harassment suits, the court may, moto proprio or upon motion, forthwith dismiss the case.
SEC. 2. Suppletory application of the Rules of Court. – The Rules of Court, in so far as they may be applicable and are not inconsistent
with these Rules, are hereby adopted to form an integral part of these Rules.
SEC. 3. Construction. – These Rules shall be liberally construed in order to promote their objective of securing a just, summary, speedy
and inexpensive determination of every action or proceeding.
SEC. 4. Executory nature of decisions and orders. – All decisions and orders issued under these Rules shall immediately be executory.
No appeal or petition taken therefrom shall stay the enforcement or implementation of the decision or order, unless restrained by an
appellate court. Interlocutory orders shall not be subject to appeal.
SEC. 5. Venue. – All actions covered by these Rules shall be commenced and tried in the Regional Trial Court which has jurisdiction
over the principal office of the corporation, partnership, or association concerned. Where the principal office of the corporation, partnership
or association is registered in the Securities and Exchange Commission as Metro Manila, the action must be filed in the city or municipality
where the head office is located.
SEC. 6. Service of pleadings. – When so authorized by the court, any pleading and/or document required by these Rules may be filed
with the court and/or served upon the other parties by facsimile transmission (tax) or electronic mail (e-mail. In such cases, the date of
transmission shall be deemed to be prima facie the date of service.
SEC. 7. Signing of pleadings, motions and other papers. – Every pleading, motion, and other paper of a party represented by an
attorney shall be signed by at least one attorney of record in the attorney’s individual name, whose address shall be stated. A party who
is not represented by an attorney shall sign the pleading, motion, or other paper and state his address.
The signature of an attorney or party constitutes a certification by the signer that he has read the pleading, motion, or other paper; that to
the best of his knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing
law or a good faith argument for the extension, modification, or reversal of existing jurisprudence; and that it is not interposed for any
improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
If a pleading, motion, or other paper is not signed, it shall be stricken off the record unless it is promptly signed by the pleader or movant,
after he is notified of the omission.
SEC. 8. Prohibited pleadings. – The following pleadings are prohibited:
1. Motion to dismiss;
2. Motion for a bill of particulars;
3. Motion for new trial, or for reconsideration of judgment or order, or for re-opening of trial;
4. Motion for extension of time to file pleadings, affidavits or any other paper, except those filed due to clearly compelling
reasons. Such motion must be verified and under oath; and
5. Motion for postponement and other motions of similar intent, except those filed due to clearly compelling reasons. Such
motion must be verified and under oath.
SEC. 9. Assignment of cases. – All cases filed under these Rules shall be tried by judges designated by the Supreme Court to hear
and decide cases transferred from the Securities and Exchange Commission to the Regional Trial Courts and filed directly with said
courts pursuant to Republic Act No. 8799, otherwise known as the Securities and Regulation Cod
RULE 2
COMMENCEMENT OF ACTION AND PLEADINGS
SECTION 1. Commencement of action. – An action under these Rules is commenced by the filing of a verified complaint with the proper
Regional Trial Court.
SEC. 2. Pleadings allowed. – The only pleadings allowed to be filed under these Rules are the complaint, answer, compulsory
counterclaims or cross-claims pleaded in the answer, and the answer to the counterclaims or cross-claims.
SEC. 3. Verification. – The complaint and the answer shall be verified by an affidavit stating that the affiant has read the pleading and
the allegations therein are true and correct based on his own personal knowledge or on authentic records.
SEC. 4. Complaint. – The complaint shall state or contain:
1. the names, addresses, and other relevant personal or juridical circumstances of the parties;
2. all facts material and relevant to the plaintiff’s cause or causes of action, which shall be supported by affidavits of the plaintiff
or his witnesses and copies of documentary and other evidence supportive of such cause or causes of action;
3. the law, rule, or regulation relied upon, violated, or sought to be enforced;
4. a certification that (a) the plaintiff has not theretofore commenced any action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency, and, to the best of his knowledge, no such other action or claim is pending
therein; (b) if there is such other action or claim, a complete statement of the present status thereof; and (c) if he should
thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5)
days therefrom to the court; and
5. the relief sought.
SEC. 5. Summons. – The summons and the complaint shall be served together not later than five (5) days from the date of filing of the
complaint.
a. Service upon domestic private juridical entities. – If the defendant is a domestic corporation, service shall be deemed
adequate if made upon any of the statutory or corporate officers as fixed by the by-laws or their respective secretaries. If
the defendant is a partnership, service shall be deemed adequate if made upon any of the managing or general partners or
upon their respective secretaries. If the defendant is an association, service shall be deemed adequate if made upon any
of its officers or their respective secretaries.
b. Service upon foreign private juridical entity. – When the defendant is a foreign private juridical entity which is transacting or
has transacted business in the Philippines, service may be made on its resident agent designated in accordance with law
for that purpose, or, if there be no such agent, on the government official designated by law to that effect, or on any of its
officers or agents within the Philippines.
SEC. 6. Answer. – The defendant shall file his answer to the complaint, serving a copy thereof on the plaintiff, within fifteen (15) days
from service of summons.
In the answer, the defendant shall:
1. Specify each material allegation of fact the truth of which he admits;
2. Specify each material allegation of fact the truth of which he does not admit. Where the defendant desires to deny only a
part of an averment, he shall specify so much of it as true and material and shall deny only the remainder;
3. Specify each material allegation of fact as to which truth he has no knowledge or information sufficient to form a belief, and
this shall have the effect of a denial;
4. State the defenses, including grounds for a motion to dismiss under the Rules of Court;
5. State the law, rule, or regulation relied upon;
6. Address each of the causes of action stated in the complaint;
7. State the facts upon which he relies for his defense, including affidavits of witnesses and copies of documentary and other
evidence supportive of such cause or causes of action;
8. State any compulsory counterclaim/s and cross-claim/s; and
9. State the relief sought.
The answer to counterclaims or cross-claims shall be filed within ten (10) days from service of the answer in which they are pleaded.
SEC. 7. Effect of failure to answer. – If the defendant fails to answer within the period above provided, he shall be considered in default.
Upon motion or motu proprio, the court shall render judgment either dismissing the complaint or granting the relief prayed for as the
records may warrant. In no case shall the court award a relief beyond or different from that prayed for.
SEC. 8. Affidavits, documentary and other evidence. – Affidavits shall be based on personal knowledge, shall set forth such facts as
would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify on the matters stated therein. The
affidavits shall be in question and answer form, and shall comply with the rules on admissibility of evidence.
Affidavits of witnesses as well as documentary and other evidence shall be attached to the appropriate pleading; Provided, however, that
affidavits, documentary and other evidence not so submitted may be attached to the pre-trial brief required under these Rules. Affidavits
and other evidence not so submitted shall not be admitted in evidence, except in the following cases:
1. Testimony of unwilling, hostile, or adverse party witnesses. A witness is presumed prima facie hostile if he fails or refuses
to execute an affidavit after a written request therefor;
2. If the failure to submit the evidence is for meritorious and compelling reasons; and
3. Newly discovered evidence.
In case of (2) and (3) above, the affidavit and evidence must be submitted not later than five (5) days prior to its introduction in evidence.
RULE 3
MODES OF DISCOVERY
SECTION 1. In general. – A party can only avail of any of the modes of discovery not later than fifteen (15) days from the joinder of
issues.
SEC. 2. Objections. – Any mode of discovery such as interrogatories, request for admission, production or inspection of documents or
things, may be objected to within ten (10) days from receipt of the discovery device and only on the ground that the matter requested is
patently incompetent, immaterial, irrelevant or privileged in nature.
The court shall rule on the objections not later than fifteen (15) days from the filing thereof.
SEC. 3. Compliance. – Compliance with any mode of discovery shall be made within ten (10) days from receipt of the discovery device,
or if there are objections, from receipt of the ruling of the court.
SEC. 4. Sanctions. – The sanctions prescribed in the Rules of Court for failure to avail of, or refusal to comply with, the modes of
discovery shall apply. In addition, the court may, upon motion, declare a party non-suited or as in default, as the case may be, if the
refusal to comply with a mode of discovery is patently unjustified.
RULE 4
PRE-TRIAL
SECTION 1. Pre-trial conference; mandatory nature. – Within five (5) days after the period for availment of, and compliance with, the
modes of discovery prescribed in Rule 3 hereof, whichever comes later, the court shall issue and serve an order immediately setting the
case for pre-trial conference and directing the parties to submit their respective pre-trial briefs. The parties shall file with the court and
furnish each other copies of their respective pre-trial brief in such manner as to ensure its receipt by the court and the other party at least
five (5) days before the date set for the pre-trial.
The parties shall set forth in their pre-trial briefs, among other matters, the following:
1. Brief statement of the nature of the case, which shall summarize the theory or theories of the party in clear and concise
language;
2. Allegations expressly admitted by either or both parties;
3. Allegations deemed admitted by either or both parties;
4. Documents not specifically denied under oath by either or both parties;
5. Amendments to the pleadings;
6. Statement of the issues, which shall separately summarize the factual and legal issues involved in the case;
7. Names of witnesses to be presented and the summary of their testimony as contained in their affidavits supporting their
positions on each of the issues;
8. All other pieces of evidence, whether documentary or otherwise and their respective purposes;
9. Specific proposals for an amicable settlement;
10. Possibility of referral to mediation or other alternative modes of dispute resolution;
11. Proposed schedule of hearings; and
12. Such other matters as may aid in the just and speedy disposition of the case.
SEC. 2. Nature and purpose of pre-trial conference. – During the pre-trial conference, the court shall, with its active participation,
ensure that the parties consider in detail all of the following:
1. The possibility of an amicable settlement;
2. Referral of the dispute to mediation or other forms of dispute resolution;
3. Facts that need not be proven, either because they are matters of judicial notice or expressly or deemed admitted;
4. Amendments to the pleadings;
5. The possibility of obtaining stipulations and admissions of facts and documents;
6. Objections to the admissibility of testimonial, documentary and other evidence;
7. Objections to the form or substance of any affidavit, or part thereof;
8. Simplification of the issues;
9. The possibility of submitting the case for decision on the basis of position papers, affidavits, documentary and real evidence;
10. A complete schedule of hearing dates; and
11. Such other matters as may aid in the speedy and summary disposition of the case.
SEC. 3. Termination. – The preliminary conference shall be terminated not later than ten (10) days after its commencement, whether or
not the parties have agreed to settle amicably.
SEC. 4. Judgment before pre-trial. – If, after submission of the pre-trial briefs, the court determines that, upon consideration of the
pleadings, the affidavits and other evidence submitted by the parties, a judgment may be rendered, the court may order the parties to file
simultaneously their respective memoranda within a non-extendible period of twenty (20) days from receipt of the order. Thereafter, the
court shall render judgment, either full or otherwise, not later than ninety (90) days from the expiration of the period to file the memoranda.
SEC. 5. Pre-trial order; judgment after pre-trial. – The proceedings in the pre-trial shall be recorded. Within ten (10) days after the
termination of the pre-trial, the court shall issue an order which shall recite in detail the matters taken up in the conference, the actions
taken thereon, the amendments allowed in the pleadings, and the agreements or admissions made by the parties as to any of the matters
considered. The court shall rule on all objections to or comments on the admissibility of any documentary or other evidence, including
any affidavit or any part thereof. Should the action proceed to trial, the order shall explicitly define and limit the issues to be tried and shall
strictly follow the form set forth in Annex "A" of these Rules.
The contents of the order shall control the subsequent course of the action, unless modified before trial to prevent manifest injustice.
After the pre-trial, the court may render judgment, either full or partial, as the evidence presented during the pre-trial may warrant.
RULE 5
TRIAL
SECTION 1. Witnesses. – If the court deems necessary to hold hearings to determine specific factual matters before rendering judgment,
it shall, in the pre-trial order, set the case for trial on the dates agreed upon by the parties.
Only persons whose affidavits were submitted may be presented as witnesses, except in cases specified in section 8, Rule 2 of these
Rules. The affidavits of the witnesses shall serve as their direct testimonies, subject to cross-examination in accordance with existing
rules on evidence.
SEC. 2. Trial schedule. – Unless judgment is rendered pursuant to Rule 4 of these Rules, the initial hearing shall be held not later than
thirty (30) days from the date of the pre-trial order. The hearings shall be completed not later than sixty (60) days from the date of the
initial hearing, thirty (30) days of which shall be allotted to the plaintiffs and thirty (30) days to the defendants in the manner prescribed in
the rep-trial order. The failure of a party to present a witness on a scheduled hearing date shall be deemed a waiver of such hearing date.
However, a party may present such witness or witnesses within his remaining allotted hearing dates.
SEC. 3. Written offer of evidence. – Evidence not otherwise admitted by the parties or ruled upon by the court during the pre-trial
conference shall be offered in writing not later than five (5) days from the completion of the presentation of evidence of the party
concerned. The opposing party shall have five (5) days from receipt of the offer to file his comments or objections. The court shall make
its ruling on the offer within five (5) days from the expiration of the period to file comments or objections.
SEC. 4. Memoranda. – Immediately after ruling on the last offer of evidence, the court shall order the parties to simultaneously file, within
thirty (30) days from receipt of the order, their respective memoranda. The memoranda shall contain the following:
1. A "Statement of the Case," which is a clear and concise statement of the nature of the action and a summary of the
proceedings;
2. A "Statement of the Facts," which is a clear and concise statement in narrative form of the established facts, with reference
to the testimonial, documentary or other evidence in support thereof;
3. A "Statement of the issues," which is a clear and concise statement of the issues presented to the court for resolution;
4. The "Arguments," which is a clear and concise presentation of the argument in support of each issue; and
5. The "Relief," which is a specification of the order or judgment which the party seeks to obtain.
No reply memorandum shall be allowed.
SEC. 5. Decision after trial. – The court shall render a decision not later than (90) days from the lapse of the period to file the memoranda,
with or without said pleading having been filed.
RULE 6
ELECTION CONTESTS
SECTION 1. Cases covered. – The provisions of this rule shall apply to election contests in stock and non-stock corporations.
SEC. 2. Definition. – An election contest refers to any controversy or dispute involving title or claim to any elective office in a stock or
non-stock corporation, the validation of proxies, the manner and validity of elections, and the qualifications of candidates, including the
proclamation of winners, to the office of director, trustee or other officer directly elected by the stockholders in a close corporation or by
members of a non-stock corporation where the articles of incorporation or by-laws so provide.
SEC. 3. Complaint. – In addition to the requirements in section 4, Rule 2 of these Rules, the complaint in an election contest must state
the following:
1. The case was filed within fifteen (15) days from the date of the election if the by-laws of the corporation do not provide for
a procedure for resolution of the controversy, or within fifteen (15) days from the resolution of the controversy by the
corporation as provided in its by-laws; and
2. The plaintiff has exhausted all intra-corporate remedies in election cases as provided for in the by-laws of the corporation.
SEC. 4. Duty of the court upon the filing of the complaint. – Within two (2) days from the filing of the complaint, the court, upon a
consideration of the allegations thereof, may dismiss the complaint outright if it is not sufficient in form and substance, or, if it is sufficient,
order the issuance of summons which shall be served, together with a copy of the complaint, on the defendant within two (2) days from
its issuance.
SEC. 5. Answer. – The defendant shall file his answer to the complaint, serving a copy thereof on the plaintiff, within ten (10) days from
service of summons and the complaint. The answer shall contain the matters required in section 6, Rule 2 of these Rules.
SEC. 6. Affidavits, documentary and other evidence. – The parties shall attach to the complaint and answer the affidavits of witnesses,
documentary and other evidence in support thereof, if any.

Acting on the Memorandum of the Committee on SEC Cases submitting for this Court’s consideration and approval the Proposed Interim
Rules of Procedure for Intra-Corporate Controversies, the Court Resolved to APPROVE the same.
The Interim Rules shall take effect on April 1, 2001 following its publication in two (2) newspapers of general circulation.
March 13, 2001, Manila.
ADMINISTRATIVE CIRCULAR NO. 09-94 June 14, 1994
TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURT, METROPOLITAN TRIAL COURTS, METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURT, ALL MEMBERS OF THE GOVERNMENT
PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT: GUIDELINES IN THE IMPLEMENTATION OF REPUBLIC ACT NO. 7691. ENTITLED "AN ACT EXPANDING THE
JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS AND MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS, AMENDING FOR THE PURPOSE BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS
THE 'JUDICIARY REORGANIZATION ACT OF 1980."
For the guidance of the bench and the Bar, the following guidelines are to be followed in the implementation of Republic Act No. 7691,
entitled "An Act Expanding the Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts,
Amending for the Purpose Batas Pambansa Blg. 129, Otherwise Known as the 'Judiciary Reorganization Act of 1980":
1. The new jurisdiction of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts
in civil and original cases, and in cadastral and land registration cases, under Section 19, 32, 33 and 34 of B.P. Blg. 129, as amended by
R.A. No. 7691. Was effective on April 15, 1994, fifteen (15) days after the publication in the Malaya and in the Times Journal on March
30, 1994, pursuant to Section 8 of the R.A. No. 7691.
2. The exclusion of the term "damages of whatever kind" in determining the jurisdictional amount under Section 19 (8) and Section 33 (1)
of B.P. Blg. 129, as amended by R.A. No. 7691, applies to cases where the damages are merely incidental to or a consequence of the
main cause of action. However, in cases where the claim for damages is the main cause of action, or one of the causes of action, the
amount of such claim shall be considered in determining the jurisdiction of the court.
3. The criminal jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Trial Courts under Section 32 (2) of B.P.
Blg. 129, as amended by R.A. No. 7691, has been increased to cover offenses punishable with imprisonment not exceeding six (6) years
irrespective of the amount of the fine. As a consequence, the Regional Trial Courts have no more original jurisdiction over offenses
committed by public officers and employees in relation to their office, where the offense is punishable by more than four (4) years and
two (2) months up to six (6) years.
4. The provisions of Section 32 (2) of B.P. 129 as amended by R.A. No. 7691, apply only to offenses punishable by imprisonment or fine,
or both, in which cases the amount of the fine is disregarded in determining the jurisdiction of the court. However, in cases where the only
penalty provided by law is a fine, the amount thereof shall determine the jurisdiction of the court in accordance with the original provisions
of Section 32 (2) of B.P. Blg. 129 which fixed original exclusive jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts over offenses punishable with a fine of not more than four thousand pesos. If the amount of the fine exceeds
four thousand pesos, the Regional Trial Court shall have jurisdiction, including offenses committed by public officers and employees in
relation to their office, where the amount of the fine does not exceed six thousand pesos.
However, this rule does not apply to offenses involving damage to property through criminal negligence which are under the exclusive
original jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts, irrespective of the amount
of the imposable fine.
Manila, June 14, 1994.
(Sgd.) ANDRES R. NARVASA
Chief Justice
A.M. No. 08-8-7-SC November 21, 2000
RE: THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
RESOLUTION
Acting on the recommendation of the Chairperson, Technical Working Group, Committee on Revision of the Rules of Court, submitting
for the consideration and approval of the Court the proposed "The Rule of Procedure for Small Claims Cases," the Court Resolved
to APPROVE the same.
The Rule shall take effect on October 01, 2008 following its publication two (2) newspaper of general circulation.
September 9, 2008

(Sgd.)REYNATO S. PUNO
Chief Justice

(Sgd.)LEONARDO A. QUISUMBING (Sgd.)CONSUELO YNARES-SANTIAGO


Associatie Justice Associatie Justice

On Official Leave
(Sgd.)MA. ALICIA AUSTRIA-MARTINEZ
ANTONIO T. CARPIO
Associatie Justice
Associatie Justice

(Sgd.)RENATO C. CORONA (Sgd.)CONCHITA CARPIO MORALES


Associatie Justice Associatie Justice

(Sgd.)ADOLFO S. AZCUNA (Sgd.)DANTE O. TINGA


Associatie Justice Associatie Justice

(Sgd.)MINITA V. CHICO-NAZARIO (Sgd.)PRESBITERO J. VELASCO, JR.


Associatie Justice Associatie Justice
(Sgd.)ANTONIO EDUARDO B. NACHURA (Sgd.)RUBEN T. REYES
Associatie Justice Associatie Justice

(Sgd.)TERESITA J. LEONARDO-DE CASTRO (Sgd.)ARTURO D. BRION


Associatie Justice Associatie Justice

RULE OF PROCEDURE FOR SMALL CLAIMS CASES


Section 1. Title. - This Rule shall be known as " The Rule of Procedure for Small Claims Cases."
Section 2. Scope. - This Rule shall govern the procedure in actions before the Metropolitan trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred
Thousand Pesos (P100,000.00) exclusive of interest and costs.
Section 3. Definiton of Terms. - For purposes of this Rule:
(a) Plaintiff - refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against
plainfill;
(b) Defendant - is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a
defendant has filed a claim, or a person who replies to the claim;
(c) Person - is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with
personality by law;
(d) Individual - is a natural person;
(e) Motion - means a party's request, written or oral, to the court for an orderaction. It shall include an informal written request to the court,
such as a letter;
(f) Good cause - means circumtances sufficient to justify the requested order or other action, as determined by the judge; and
(g) Affidavit - means a written statement or declaration of facts that are shown or affirmed to be true.
Section 4. Applicability - The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall apply this Rule in all actions which are; (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely
for payment or reimbursement of sum of money, and (b) the civil aspect of criminal action, or reserved upon the filing of the criminal action
in court, pursuant to Rule of 111 of the Revised Rules of Criminal Procedure.
These claims or demands may be;
(a) For money owned under any of the following;
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following;
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to
Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.
Section 5. Commencement of Small Claims Action. - A small claims action is commenced by filing with the court an accomplished and
verified Statement of Claim (Form 1 - SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A,SCC), and
two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other
evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the
Claim, unless good cause is shown for the admission of additional evidence.
No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.
Section 6. Joinder of Claims - Plaintiff may join in a single statement of claim one or more separate small claims against a defendant
provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,00.00.
Section 7. Affidavits - The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which
are admissible in evidence.
A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to
appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.
Section 8. Payment of Filing Fees. - The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised
Rules of Court, unless allowed to litigate as an indigent.
A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-
sala courts, or to the Presiding Judge of the court hearing the small claims case. If the motion is granted by the Executive Judge, the
case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given
five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even
if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases.
Section 9. Dismissal of the Claim. - After the court determines that the case falls under this Rule, it may, from an examination of the
allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright of any of the grounds
apparent from the Claim for the dismissal of a civil action.
Section 10. Summons and Notice of Hearing - If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-
SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing,
with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule.
The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents
submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant. The Notice shall contain an
express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule.
Section 11. Response - The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response
within a non - extendible period of ten (10) days from receipt of summons. The Response shall be accompanied by certified photocopies
of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing
which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.
Section 12. Effect of Failure to File Response - Should the defendant fail to file his response within the required period, the court by itself
shall render judgement as may be warranted by the facts alleged in the Statement of claim limited to what is prayed for. The court
however, may, in its discretion, reduce the amount of damages for being excessive or unconscionable
Section 13. Counterclaims Within the Coverage of this Rule - If at the time the action is commenced, the defendant possesses a claim
against the plaintiff that (a) is within the coverage of this rule, exclusive of interest and costs; (b) arises out of the same transaction or
event that is the subject matter of the plaintiff's claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the
subject of another pending action, the claim shall be filed as a counterclaim in the response; otherwise, the defendant shall be barred
from suit on the counterclaim.
The defendant may also elect to the file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence
, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and the other legal fees are
paid.
Section 14. Prohibited Pleadings and Motions - The following pleadings, motions, and petitions shall not be allowed in the cases covered
by this Rule:
(a) Motion to dismiss the compliant except on the ground of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgement, or for reopening of trial;
(d) Petiton for relief from judgement;
(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; and
(l) Interventions.
Section 15. Availability of Forms; Assistance by Court Personnel. - The Clerk of Court or other personnel shall provide such assistance
as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage,
requirements as well as procedure for small claims cases.
Section 16. Appearance. - the parties shall appear at the designated date of hearing personally or through a representative authorized
under a Special Power of Attorney (Form 5-SCC ) to enter into an amicable settlement, to submit of Judicial Dispute Resolution (JDR)
and to enter into stipulations or admissions of facts and of documentary exhibits
Section 17. Appearance of Attorneys Not Allowed. - No attorney shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion,
allow another individual who is not an attorney to assist that party upon the latter's consent.
Section 18. Non-appearance of Parties. - Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice.
The defendant who appears shall be entitled to judgement on a permissive counterclaim.
Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule. This shall not
apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears
at the hearing.
Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.
Section 19. Postponement When Allowed. - A request for postponement of a hearing may be granted only upon proof of the physical
inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.
Section 20. Duty of the Court. - At the beginning of the court session, the judge shall read aloud a short statement explaining the nature,
purpose and the rule of procedure of small claims cases.
Section 21. Judicial Dispute Resolution. - At the hearing, the judge shall conduct Judicial Dispute Resolution (JDR) through mediation,
conciliation, early neutral evaluation, or any other mode of JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute
shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC).
Section 22. Failure of JDR. - If JDR fails and the parties agree in writing (Form 10-SCC) that the hearing of the case shall be presided
over by the judge who conducted the JDR, the hearing shall so proceed in an informal and expeditious manner and terminated within one
(1) day.
Absent such agreement, (a) in case of a multi-sala court , the case shall, on the same day, be transmitted (Form 11-SCC) to the Office
of the Clerk of Court for immediate referral by the Executive Judge to the pairing judge for hearing and decision within five (5) working
days from referral; and (b) in case of single sala court, the pairing judge shall hear and decide the case in the court of origin within five
(5) working days from referral by the JDR judge.
Section 23. Decision. - After the hearing, the court shall render its decision on the same day, based on the facts established by the
evidence (Form 13-SCC). The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy
thereof forthwith served on the parties.
The decision shall be final and unappealable.
Section 24. Execution. - If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).
Section 25. Applicability. of the Rules of Civil Procedure - The Rules of Civil procedure shall apply suppletorily insofar as they are not
inconsistent with this rule.
Section 26. Effectivity. - This Rule shall take effect on October 01, 2008 for the pilot courts designated to apply the procedure for small
claims cases following its publication in two newspaper of general circulation.
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:chanroblesvirtuallawlibrary

I.
Applicability
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:chanroblesvirtuallawlibrary

A. Civil Cases:chanroblesvirtuallawlibrary
(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.chanrobles virtual law library chanrobles virtual law library

B. Criminal Cases:chanroblesvirtuallawlibrary

(1) Violations of traffic laws, rules and regulations; chanrobles virtual law library
(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles virtual law library
(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.chanrobles virtual law library chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
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. d-c chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
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. chanrobles virtual law library
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 care may be dismissed.chanrobles virtual law library chanrobles virtual law library
Sec. 12. Duty of court. — chanrobles virtual law library
(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 for being patently without basis or merit and order the release of the amused 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 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.chanrobles virtual law library chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
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.chanrobles virtual law library chanrobles virtual law library
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 shall not apply to criminal cases where the
accused was arrested without a warrant.chanrobles virtual law library chanrobles virtual law library
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or petitions shall not be allowed in the cases
covered by this Rule: chanrobles virtual law library
(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; chanrobles virtual law library
(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; chanrobles virtual law library
(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.chanrobles virtual law library chanrobles virtual
law library
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. chanrobles virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on November 15, 1991.chanrobles virtual
law library.

Republic Act No. 6770 November 17, 1989


AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND
FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. — This Act shall be known as "The Ombudsman Act of 1989".
Section 2. Declaration of Policy. — The State shall maintain honesty and integrity in the public service and take positive and effective
measures against graft and corruption.
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, efficiency, act with patriotism and justice and lead modest lives.
Section 3. Office of the Ombudsman. — The Office of the Ombudsman shall include the Office of the Overall Deputy, the Office of the
Deputy for Luzon, the Office of the Deputy for the Visayas, the Office of the Deputy for Mindanao, the Office of the Deputy for the Armed
Forces, and the Office of the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise, as
recommended by the Ombudsman.
Section 4. Appointment. — The Ombudsman and his Deputies, including the Special Prosecutor, shall be appointed by the President
from a list of at least twenty-one (21) nominees prepared by the Judicial and Bar Council, and from a list of three (3) nominees for each
vacancy thereafter, which shall be filled within three (3) months after it occurs, each of which list shall be published in a newspaper of
general circulation.
In the organization of the Office of the Ombudsman for filling up of positions therein, regional, cultural or ethnic considerations shall be
taken into account to the end that the Office shall be as much as possible representative of the regional, ethnic and cultural make-up of
the Filipino nation.
Section 5. Qualifications. — The Ombudsman and his Deputies, including the Special Prosecutor, shall be natural-born citizens of the
Philippines, at least forty (40) years old, of recognized probity and independence, members of the Philippine Bar, and must not have been
candidates for any elective national or local office in the immediately preceding election whether regular or special. The Ombudsman
must have, for ten (10) years or more, been a judge or engaged in the practice of law in the Philippines.
Section 6. Rank and Salary. — The Ombudsman and his Deputies shall have the same ranks, salaries and privileges as the Chairman
and members, respectively, of a Constitutional Commission. Their salaries shall not be decreased during their term of office.
The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall receive salaries which shall not be
less than those given to comparable positions in any office in the Government.
Section 7. Term of Office. — The Ombudsman and his Deputies, including the Special Prosecutor, shall serve for a term of seven (7)
years without reappointment.
Section 8. Removal; Filling of Vacancy. —
(1) In accordance with the provisions of Article XI of the Constitution, the Ombudsman may be removed from office on impeachment for,
and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.
(2) A Deputy or the Special Prosecutor, may be removed from office by the President for any of the grounds provided for the removal of
the Ombudsman, and after due process.
(3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or permanent disability of the incumbent
Ombudsman, the Overall Deputy shall serve as Acting Ombudsman in a concurrent capacity until a new Ombudsman shall have been
appointed for a full term.n case the Overall Deputy cannot assume the role of Acting Ombudsman, the President may designate any of
the Deputies, or the Special Prosecutor, as Acting Ombudsman.
(4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy shall perform the duties of the Ombudsman until
the Ombudsman returns or is able to perform his duties.
Section 9. Prohibitions and Disqualifications. — The Ombudsman, his Deputies and the Special Prosecutor shall not, during their
tenure, hold any other office or employment. They shall not, during said tenure, directly or indirectly practice any other profession,
participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their
subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office. They shall not be qualified to run for any office in the
election immediately following their cessation from office. They shall not be allowed to appear or practice before the Ombudsman for two
(2) years following their cessation from office.
No spouse or relative by consanguinity or affinity within the fourth civil degree and no law, business or professional partner or associate
of the Ombudsman, his Deputies or Special Prosecutor within one (1) year preceding the appointment may appear as counsel or agent
on any matter pending before the Office of the Ombudsman or transact business directly or indirectly therewith.
This disqualification shall apply during the tenure of the official concerned. This disqualification likewise extends to the law, business or
professional firm for the same period.
Section 10. Disclosure of Relationship. — It shall be the duty of the Ombudsman, his Deputies, including the Special Prosecutor to
make under oath, to the best of their knowledge and/or information, a public disclosure of the identities of, and their relationship with the
persons referred to in the preceding section.
The disclosure shall be filed with the Office of the President and the Office of the Ombudsman before the appointee assumes office and
every year thereafter. The disclosures made pursuant to this section shall form part of the public records and shall be available to any
person or entity upon request.
Section 11. Structural Organization. — The authority and responsibility for the exercise of the mandate of the Office of the Ombudsman
and for the discharge of its powers and functions shall be vested in the Ombudsman, who shall have supervision and control of the said
office.
(1) The Office of the Ombudsman may organize such directorates for administration and allied services as may be necessary for the
effective discharge of its functions. Those appointed as directors or heads shall have the rank and salary of line bureau directors.
(2) The Office of the Overall Deputy shall oversee and administer the operations of the different offices under the Office of Ombudsman.t
shall likewise perform such other functions and duties assigned to it by the Ombudsman.
(3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor and his prosecution staff. The Office of the Special
Prosecutor shall be an organic component of the Office of the Ombudsman and shall be under the supervision and control of the
Ombudsman.
(4) The Office of the Special Prosecutor shall, under the supervision and control and upon the authority of the Ombudsman, have the
following powers:
(a) To conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan;
(b) To enter into plea bargaining agreements; and
(c) To perform such other duties assigned to it by the Ombudsman.
The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.
(5) The position structure and staffing pattern of the Office of the Ombudsman, including the Office of the Special Prosecutor, shall be
approved and prescribed by the Ombudsman. The Ombudsman shall appoint all officers and employees of the Office of the Ombudsman,
including those of the Office of the Special Prosecutor, in accordance with the Civil Service Law, rules and regulations.
Section 12. Official Stations. — The Ombudsman, the Overall Deputy, the Deputy for Luzon, and the Deputy for the Armed Forces shall
hold office in Metropolitan Manila; the Deputy for the Visayas, in Cebu City; and the Deputy for Mindanao, in Davao City. The Ombudsman
may transfer their stations within their respective geographical regions, as public interest may require.
Section 13. Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall act promptly on complaints filed in any
form or manner against officers or employees of the Government, or of any subdivision, agency or instrumentality thereof, including
government-owned or controlled corporations, and enforce their administrative, civil and criminal liability in every case where the evidence
warrants in order to promote efficient service by the Government to the people.
Section 14. Restrictions. — No writ of injunction shall be issued by any court to delay an investigation being conducted by the
Ombudsman under this Act, unless there is a prima facie evidence that the subject matter of the investigation is outside the jurisdiction
of the Office of the Ombudsman.
No court shall hear any appeal or application for remedy against the decision or findings of the Ombudsman, except the Supreme Court,
on pure question of law.
Section 15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the following powers, functions and duties:
(1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or
agency, when such act or omission appears to be illegal, unjust, improper or inefficient.t has primary jurisdiction over cases cognizable
by the Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any stage, from any investigatory agency of
Government, the investigation of such cases;
(2) Direct, upon complaint or at its own instance, any officer or employee of the Government, or of any subdivision, agency or
instrumentality thereof, as well as any government-owned or controlled corporations with original charter, to perform and expedite any
act or duty required by law, or to stop, prevent, and correct any abuse or impropriety in the performance of duties;
(3) Direct the officer concerned to take appropriate action against a public officer or employee at fault or who neglect to perform an act or
discharge a duty required by law, and recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this Act: provided, that the refusal by any officer
without just cause to comply with an order of the Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act or discharge a duty required by law shall be a ground for disciplinary action
against said officer;
(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it may provide in its rules of procedure, to
furnish it with copies of documents relating to contracts or transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on Audit for appropriate action;
(5) Request any government agency for assistance and information necessary in the discharge of its responsibilities, and to examine, if
necessary, pertinent records and documents;
(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1), (2), (3) and (4) hereof, when circumstances
so warrant and with due prudence: provided, that the Ombudsman under its rules and regulations may determine what cases may not be
made public: provided, further, that any publicity issued by the Ombudsman shall be balanced, fair and true;
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in the Government, and make
recommendations for their elimination and the observance of high standards of ethics and efficiency;
(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any investigation or inquiry, including the power
to examine and have access to bank accounts and records;
(9) Punish for contempt in accordance with the Rules of Court and under the same procedure and with the same penalties provided
therein;
(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as shall ensure the effective exercise or
performance of the powers, functions, and duties herein or hereinafter provided;
(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained wealth amassed after February 25, 1986
and the prosecution of the parties involved therein.
The Ombudsman shall give priority to complaints filed against high ranking government officials and/or those occupying supervisory
positions, complaints involving grave offenses as well as complaints involving large sums of money and/or properties.
Section 16. Applicability. — The provisions of this Act shall apply to all kinds of malfeasance, misfeasance, and non-feasance that have
been committed by any officer or employee as mentioned in Section 13 hereof, during his tenure of office.
Section 17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman, including preliminary investigations of
offenses, nor person subpoenaed to testify as a witness shall be excused from attending and testifying or from producing books, papers,
correspondence, memoranda and/or other records on the ground that the testimony or evidence, documentary or otherwise, required of
him, may tend to incriminate him or subject him to prosecution: provided, that no person shall be prosecuted criminally for or on account
of any matter concerning which he is compelled, after having claimed the privilege against self-incrimination, to testify and produce
evidence, documentary or otherwise.
Under such terms and conditions as it may determine, taking into account the pertinent provisions of the Rules of Court, the Ombudsman
may grant immunity from criminal prosecution to any person whose testimony or whose possession and production of documents or other
evidence may be necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the Ombudsman or under
its authority, in the performance or in the furtherance of its constitutional functions and statutory objectives. The immunity granted under
this and the immediately preceding paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony nor
shall he be exempt from demotion or removal from office.
Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment for contempt and removal of the
immunity from criminal prosecution.
Section 18. Rules of Procedure. —
(1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective exercise or performance of its powers, functions,
and duties.
(2) The rules of procedure shall include a provision whereby the Rules of Court are made suppletory.
(3) The rules shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines, one of which is printed in the national language.
Section 19. Administrative Complaints. — The Ombudsman shall act on all complaints relating, but not limited to acts or omissions
which:
(1) Are contrary to law or regulation;
(2) Are unreasonable, unfair, oppressive or discriminatory;
(3) Are inconsistent with the general course of an agency's functions, though in accordance with law;
(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;
(5) Are in the exercise of discretionary powers but for an improper purpose; or
(6) Are otherwise irregular, immoral or devoid of justification.
Section 20. Exceptions. — The Office of the Ombudsman may not conduct the necessary investigation of any administrative act or
omission complained of if it believes that:
(1) The complainant has an adequate remedy in another judicial or quasi-judicial body;
(2) The complaint pertains to a matter outside the jurisdiction of the Office of the Ombudsman;
(3) The complaint is trivial, frivolous, vexatious or made in bad faith;
(4) The complainant has no sufficient personal interest in the subject matter of the grievance; or
(5) The complaint was filed after one (1) year from the occurrence of the act or omission complained of.
Section 21. Official Subject to Disciplinary Authority; Exceptions. — The Office of the Ombudsman shall have disciplinary authority
over all elective and appointive officials of the Government and its subdivisions, instrumentalities and agencies, including Members of the
Cabinet, local government, government-owned or controlled corporations and their subsidiaries, except over officials who may be
removed only by impeachment or over Members of Congress, and the Judiciary.
Section 22. Investigatory Power. — The Office of the Ombudsman shall have the power to investigate any serious misconduct in office
allegedly committed by officials removable by impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.
In all cases of conspiracy between an officer or employee of the government and a private person, the Ombudsman and his Deputies
shall have jurisdiction to include such private person in the investigation and proceed against such private person as the evidence may
warrant. The officer or employee and the private person shall be tried jointly and shall be subject to the same penalties and liabilities.
Section 23. Formal Investigation. —
(1) Administrative investigations conducted by the Office of the Ombudsman shall be in accordance with its rules of procedure and
consistent with due process.
(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper disciplinary authority for the institution of
appropriate administrative proceedings against erring public officers or employees, which shall be determined within the period prescribed
in the civil service law. Any delay without just cause in acting on any referral made by the Office of the Ombudsman shall be a ground for
administrative action against the officers or employees to whom such referrals are addressed and shall constitute a graft offense
punishable by a fine of not exceeding Five thousand pesos (P5,000.00).
(3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the premises of any office, agency, commission or
tribunal; (b) examine and have access to any book, record, file, document or paper; and (c) hold private hearings with both the complaining
individual and the official concerned.
Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively suspend any officer or employee under his
authority pending an investigation, if in his judgment the evidence of guilt is strong, and (a) the charge against such officer or employee
involves dishonesty, oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant removal from
the service; or (c) the respondent's continued stay in office may prejudice the case filed against him.
The preventive suspension shall continue until the case is terminated by the Office of the Ombudsman but not more than six (6) months,
without pay, except when the delay in the disposition of the case by the Office of the Ombudsman is due to the fault, negligence or petition
of the respondent, in which case the period of such delay shall not be counted in computing the period of suspension herein provided.
Section 25. Penalties. —
(1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules provided therein shall be applied.
(2) In other administrative proceedings, the penalty ranging from suspension without pay for one (1) year to dismissal with forfeiture of
benefits or a fine ranging from Five thousand pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the
discretion of the Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of the officer or employee
found guilty of the complaint or charges.
Section 26. Inquiries. —
(1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer, employee, office or agency which, from the
reports or complaints it has received, the Ombudsman or his Deputies consider to be:
(a) contrary to law or regulation;
(b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course of the operations and functions of a public officer,
employee, office or agency;
(c) an error in the application or interpretation of law, rules or regulations, or a gross or palpable error in the appreciation of facts;
(d) based on improper motives or corrupt considerations;
(e) unclear or inadequately explained when reasons should have been revealed; or
(f) inefficient performed or otherwise objectionable.
(2) The Officer of the Ombudsman shall receive complaints from any source in whatever form concerning an official act or omission.t shall
act on the complaint immediately and if it finds the same entirely baseless, it shall dismiss the same and inform the complainant of such
dismissal citing the reasons therefor.f it finds a reasonable ground to investigate further, it shall first furnish the respondent public officer
or employee with a summary of the complaint and require him to submit a written answer within seventy-two (72) hours from receipt
thereof.f the answer is found satisfactory, it shall dismiss the case.
(3) When the complaint consists in delay or refusal to perform a duty required by law, or when urgent action is necessary to protect or
preserve the rights of the complainant, the Office of the Ombudsman shall take steps or measures and issue such orders directing the
officer, employee, office or agency concerned to:
(a) expedite the performance of duty;
(b) cease or desist from the performance of a prejudicial act;
(c) correct the omission;
(d) explain fully the administrative act in question; or
(e) take any other steps as may be necessary under the circumstances to protect and preserve the rights of the complainant.
(4) Any delay or refusal to comply with the referral or directive of the Ombudsman or any of his Deputies, shall constitute a ground for
administrative disciplinary action against the officer or employee to whom it was addressed.
Section 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the Ombudsman are immediately
effective and executory.
A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must be filed within five (5) days after
receipt of written notice and shall be entertained only on any of the following grounds:
(1) New evidence has been discovered which materially affects the order, directive or decision;
(2) Errors of law or irregularities have been committed prejudicial to the interest of the movant. The motion for reconsideration shall be
resolved within three (3) days from filing: provided, that only one motion for reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are conclusive. Any order, directive or decision
imposing the penalty of public censure or reprimand, suspension of not more than one (1) month's salary shall be final and unappealable.
In all administrative disciplinary cases, orders, directives, or decisions of the Office of the Ombudsman may be appealed to the Supreme
Court by filing a petition for certiorari within ten (10) days from receipt of the written notice of the order, directive or decision or denial of
the motion for reconsideration in accordance with Rule 45 of the Rules of Court.
The above rules may be amended or modified by the Office of the Ombudsman as the interest of justice may require.
Section 28. Investigation in Municipalities, Cities and Provinces. — The Office of the Ombudsman may establish offices in
municipalities, cities and provinces outside Metropolitan Manila, under the immediate supervision of the Deputies for Luzon, Visayas and
Mindanao, where necessary as determined by the Ombudsman. The investigation of complaints may be assigned to the regional or
sectoral deputy concerned or to a special investigator who shall proceed in accordance with the rules or special instructions or directives
of the Office of the Ombudsman. Pending investigation the deputy or investigator may issue orders and provisional remedies which are
immediately executory subject to review by the Ombudsman. Within three (3) days after concluding the investigation, the deputy or
investigator shall transmit, together with the entire records of the case, his report and conclusions to the Office of the Ombudsman. Within
five (5) days after receipt of said report, the Ombudsman shall render the appropriate order, directive or decision.
Section 29. Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is unfair or unjust, he shall recommend to
the President and to Congress the necessary changes therein or the repeal thereof.
Section 30. Transmittal/Publication of Decision. — In every case where the Ombudsman has reached a decision, conclusion or
recommendation adverse to a public official or agency, he shall transmit his decision, conclusion, recommendation or suggestion to the
head of the department, agency or instrumentality, or of the province, city or municipality concerned for such immediate action as may
be necessary. When transmitting his adverse decision, conclusion or recommendation, he shall, unless excused by the agency or official
affected, include the substance of any statement the public agency or official may have made to him by way of explaining past difficulties
with or present rejection of the Ombudsman's proposals.
Section 31. Designation of Investigators and Prosecutors. — The Ombudsman may utilize the personnel of his office and/or
designate or deputize any fiscal, state prosecutor or lawyer in the government service to act as special investigator or prosecutor to assist
in the investigation and prosecution of certain cases. Those designated or deputized to assist him herein provided shall be under his
supervision and control.
The Ombudsman and his investigators and prosecutors, whether regular members of his staff or designated by him as herein provided,
shall have authority to administer oaths, to issue subpoena and subpoena duces tecum, to summon and compel witnesses to appear and
testify under oath before them and/or bring books, documents and other things under their control, and to secure the attendance or
presence of any absent or recalcitrant witness through application before the Sandiganbayan or before any inferior or superior court
having jurisdiction of the place where the witness or evidence is found.
Section 32. Rights and Duties of Witness. —
(1) A person required by the Ombudsman to provide the information shall be paid the same fees and travel allowances as are extended
to witnesses whose attendance has been required in the trial courts. Upon request of the witness, the Ombudsman shall also furnish him
such security for his person and his family as may be warranted by the circumstances. For this purpose, the Ombudsman may, at its
expense, call upon any police or constabulary unit to provide the said security.
(2) A person who, with or without service or compulsory process, provides oral or documentary information requested by the Ombudsman
shall be accorded the same privileges and immunities as are extended to witnesses in the courts, and shall likewise be entitled to the
assistance of counsel while being questioned.
(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or refuses to be examined, or engages in obstructive
conduct, the Ombudsman or his Deputy shall issue an order directing the person to appear before him to show cause why he should not
be punished for contempt. The contempt proceedings shall be conducted pursuant to the provisions of the Rules of Court.
Section 33. Duty to Render Assistance to the Office of the Ombudsman. — Any officer or employee of any department, bureau or
office, subdivision, agency or instrumentality of the Government, including government-owned or controlled corporations and local
governments, when required by the Ombudsman, his Deputy or the Special Prosecutor shall render assistance to the Office of the
Ombudsman.
Section 34. Annual Report. — The Office of the Ombudsman shall render an annual report of its activities and performance to the
President and to Congress to be submitted within thirty (30) days from the start of the regular session of Congress.
Section 35. Malicious Prosecution. — Any person who, actuated by malice or gross bad faith, files a completely unwarranted or false
complaint against any government official or employee shall be subject to a penalty of one (1) month and one (1) day to six (6) months
imprisonment and a fine not exceeding Five thousand pesos (P5,000.00).
Section 36. Penalties for Obstruction. — Any person who willfully obstructs or hinders the proper exercise of the functions of the Office
of the Ombudsman or who willfully misleads or attempts to mislead the Ombudsman, his Deputies and the Special Prosecutor in replying
to their inquiries shall be punished by a fine of not exceeding Five thousand pesos (P5,000.00).
Section 37. Franking Privilege. — All official mail matters and telegrams of the Ombudsman addressed for delivery within the Philippines
shall be received, transmitted, and delivered free of charge: provided, that such mail matters when addressed to private persons or
nongovernment offices shall not exceed one hundred and twenty (120) grams. All mail matters and telegrams sent through government
telegraph facilities containing complaints to the Office of the Ombudsman shall be transmitted free of charge, provided that the telegram
shall contain not more than one hundred fifty (150) words.
Section 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy fiscal autonomy. Appropriations for the Office of the
Ombudsman may not be reduced below the amount appropriated for the previous years and, after approval, shall be automatically and
regularly released.
Section 39. Appropriations. — The appropriation for the Office of the Special Prosecutor in the current General Appropriations Act is
hereby transferred to the Office of the Ombudsman. Thereafter, such sums as may be necessary shall be included in the annual General
Appropriations Act.
Section 40. Separability Clause. — If any provision of this Act is held unconstitutional, other provisions not affected thereby shall remain
valid and binding.
Section 41. Repealing Clause. — All laws, presidential decrees, letters of instructions, executive orders, rules and regulations insofar
as they are inconsistent with this Act, are hereby repealed or amended as the case may be.
Section 42. Effectivity. — This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in three (3)
newspapers of general circulation in the Philippines.
Approved: November 17, 1989.
REPUBLIC ACT NO. 10660
AN ACT STRENGTHENING FURTHER THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN,
FURTHER AMENDING PRESIDENTIAL DECREE NO. 1606, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 3 of Presidential Decree No. 1606, as amended, is hereby further amended to read as follows:
"SEC. 3. Constitution of the Divisions; Quorum. – The Sandiganbayan shall sit in seven (7) divisions of three (3) members each.
"Two (2) members shall constitute a quorum for sessions in divisions: Provided, That when the required quorum for the particular division
cannot be had due to the legal disqualification or temporary incapacity of a member or a vacancy therein, the Presiding Justice may
designate a member of another division to be determined by strict rotation on the basis of the reverse order of precedence, to sit as a
special member of said division with all the rights and prerogatives of a regular member of said division in the trial and determination of
a case or cases assigned thereto."
Section 2. Section 4 of the same decree, as amended, is hereby further amended to read as follows:
"SEC. 4. Jurisdiction. – The Sandiganbayan shall exercise exclusive original jurisdiction in all cases involving:
"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act, Republic Act No.
1379, and Chapter II, Section 2, Title VII, Book II of the Revised Penal Code, where one or more of the accused are officials occupying
the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
"(1) Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27’ and higher,
of the Compensation and Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers,
and other provincial department heads:
"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors, engineers, and other city department
heads;
"(c) Officials of the diplomatic service occupying the position of consul and higher;
"(d) Philippine army and air force colonels, naval captains, and all officers of higher rank;
"(e) Officers of the Philippine National Police while occupying the position of provincial director and those holding the rank of senior
superintendent and higher;
"(f) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special
prosecutor;
"(g) Presidents, directors or trustees, or managers of government-owned or controlled corporations, state universities or educational
institutions or foundations.
"(2) Members of Congress and officials thereof classified as Grade ’27’ and higher under the Compensation and Position Classification
Act of 1989;
"(3) Members of the judiciary without prejudice to the provisions of the Constitution;
"(4) Chairmen and members of the Constitutional Commissions, without prejudice to the provisions of the Constitution; and
"(5) All other national and local officials classified as Grade ’27’ and higher under the Compensation and Position Classification Act of
1989.
"b. Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned
in subsection a. of this section in relation to their office.
"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"Provided, That the Regional Trial Court shall have exclusive original jurisdiction where the information: (a) does not allege any damage
to the government or any bribery; or (b) alleges damage to the government or bribery arising from the same or closely related transactions
or acts in an amount not exceeding One million pesos (P1,000,000.00).
"Subject to the rules promulgated by the Supreme Court, the cases falling under the jurisdiction of the Regional Trial Court under this
section shall be tried in a judicial region other than where the official holds office.
"In cases where none of the accused are occupying positions corresponding to Salary Grade ’27’ or higher, as prescribed in the said
Republic Act No. 6758, or military and PNP officers mentioned above, exclusive original jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court, municipal trial court, and municipal circuit trial court, as the case may be, pursuant to their
respective jurisdictions as provided in Batas Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or orders of regional trial courts
whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.
"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of
the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature, including quo warranto, arising or that may arise in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986: Provided, That the jurisdiction over these petitions shall not be exclusive of the
Supreme Court.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and
may hereafter promulgate, relative to appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for review
filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the Supreme Court, the Office
of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.
"In case private individuals are charged as co-principals, accomplices or accessories with the public officers or employees, including
those employed in government-owned or controlled corporations, they shall be tried jointly with said public officers and employees in the
proper courts which shall exercise exclusive jurisdiction over them.
"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the
recovery of civil liability shall at all times be simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to necessarily carry with it the filing of the civil
action, and no right to reserve the filing of such civil action separately from the criminal action shall be recognized: Provided,
however, That where the civil action had heretofore been filed separately but judgment therein has not yet been rendered, and the criminal
case is hereafter filed with the Sandiganbayan or the appropriate court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court, as the case may be, for consolidation and joint determination with the criminal action, otherwise the separate civil action
shall be deemed abandoned."
Section 3. Section 5 of the same decree is hereby amended to read as follows:
"SEC. 5. Proceedings, How Conducted; Decision by Majority Vote. – All three (3) members of a division shall deliberate on all matters
submitted for judgment, decision, final order, or resolution.
"The concurrence of a majority of the members of a division shall be necessary to render a judgment, decision, or final order, or to resolve
interlocutory or incidental motions."
Section 4. Funding and Appropriations. – The amount necessary to carry out the implementation of this Act shall be charged against the
current appropriations of the Sandiganbayan. Thereafter, such sums as may be needed for its full implementation shall be included in the
annual General Appropriations Act.
Section 5. Transitory Provision. – This Act shall apply to all cases pending in the Sandiganbayan over which trial has not
begun: Provided, That: (a) Section 2, amending Section 4 of Presidential Decree No. 1606, as amended, on "Jurisdiction"; and (b) Section
3, amending Section 5 of Presidential Decree No. 1606, as amended, on "Proceedings, How Conducted; Decision by Majority Vote" shall
apply to cases arising from offenses committed after the effectivity of this Act.
Section 6. Separability Clause. – Should any provision of this Act or part hereof be declared unconstitutional, the other provisions or
parts not affected thereby shall remain valid and effective.
Section 7. Repealing Clause. – All laws, decrees, orders, and issuances, or portions thereof, which are inconsistent with the provisions
of this Act, are hereby repealed, amended or modified accordingly.
Section 8. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two (2) newspapers of
general circulation.
Approved,

(Sgd.) FELICIANO BELMONTE JR. (Sgd.) FRANKLIN M. DRILON


Speaker of the House President of the Senate
of Representatives
This Act which is a consolidation of Senate Bill No. 2138 and House Bill No. 5283 was finally passed by the Senate and the House of
Representatives on February 25, 2015.
(Sgd.) MARILYN B. BARUA-YAP (Sgd.) OSCAR G. YABES
Secretary General Secretary of the Senate
House of Representatives
Approved: APR 16 2015
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines