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Revised Rules on Summary Procedure

By: Atty. Len John Bernal

Why do we need to study this law?


Because of 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.

APPLICABILITY
Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit Trial Courts Effective November 15, 1991 Amended April 15, 2003 (inclusion of the bouncing checks)

CIVIL CASES COVERAGE


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).
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.

CRIMINAL CASES COVERAGE


Violations of traffic laws, rules and regulations; Violations of the rental law; Violations of municipal or city ordinances; Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law);

CRIMINAL CASES COVERAGE


Examples of traffic laws, rules and regulations;
A. R.A. 8750 - Seat Belts Use Act B. R.A. 8794- Penalize overloaded trucks and trailers and prohibits vehicles that exceed the allowable gross vehicle weight or axle loads from proceeding the roadway. C. R.A. 4136 - COMPILE THE LAWS RELATIVE TO LAND TRANSPORTATION AND TRAFFIC RULES D. RA 10054- ICC STICKERS

CRIMINAL CASES COVERAGE


Examples of rental laws;
A. R.A. 9653 Regulation of Rent of Residential Units( Rent Control Act of 2009) - after Dec. 31, 2013 rent cannot be increased more than 7% annually if occupied by same tenant. - Prohibition Against Ejectment by Reason of Sale or Mortgage. Penalty: fine 25k to 50k or 1mo,1d to 6mo or both B. R.A. 9161 - Rental Reform Act of 2002 Penalty: fine 5k to 15k or 1mo,1d to 6mo or both

CRIMINAL CASES COVERAGE


Examples of municipal or city ordinances ;
A. ORDINANCE NO. 060-02 ANTI-FIRE CRACKER OF DAVAO CITY (SERIES OF 2002)
B. ORDINANCE NO. 043-02. Series of 2002 Anti-smoking ordinance of Davao City

CRIMINAL CASES COVERAGE


BATAS PAMBANSA BILANG 22
Section 1. Checks without sufficient funds. Section 5. Liability under the Revised Penal Code. - Prosecution under this Act shall be without prejudice to any liability for violation of any provision of the Revised Penal Code.

Estafa Through Issuance of Unfunded Checks VS. ViolationBP 22

CRIMINAL CASES COVERAGE


All other criminal cases where the penalty is imprisonment not exceeding six months,(Aresto Menor to Aresto Major) 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:

CRIMINAL CASES COVERAGE


Provided 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). [Art 365 of RPC]

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
1. Art 124 par 2 (Arbitrary Detention) more than 15 days but not more than 6 mo. [illegal arrest] 2.Art 125 Delay in delivery to Judicial Authorities not filing a case within 12,18 to 36 hours [valid arrest] 3. Art 126 Delaying release 4. Art 130 Searching domicile without witnesses (1 witness if member of family, 2 witnesses residents

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
5. Art 151 Resistance and disobedience to a person in authority or agents- no attack or force 6.Art 153 par.4 (tumults and other disturbances) making outcry inciting to rebelion or sedition or display placards to provoke public disturbance;

7. Art 154. unlawful use of means of publication and ulawful utterances.(false publication, pladiarism)

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
8. Art 155 Alarms and Scandals- discharge firearm, firecrakers to cause alarm or danger 9.Art 156 Delivery of prisoners from jail without violence, intimidation or bribery; rescuing inmates during escorting. 10. Art 168. Illegal Possession and use o flase treasury or bank notes and other credits. (forgery) 11.Art 172, par.2 Falsification by private individuals

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
12. Art 174 last par- private person falsifies medical certificates, or service or merit 13.Art 175 use of falsified certificates 14. Art 178. Using fictitious name and concealment of true name. 15.Art 179 Illegal use of uniforms or insignia. 16.Art 180 par. 4 False Testimony against a defendant 17.Art. 200 Grave Scandal

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
18. Art 219 Failure o a responsible public officer to render accounts before leaving the country. 19. Art 221 Failure to make delivery o public funds or property. 20. Art 221 Failure to make delivery o public funds or property. by private person 21. Art 225- Escape of prisoner under the custody of a person not a public officer (ROR) 22.Art. 228. Opening of closed documents (public officer- in his custody)

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
23. Art 238 Abandonment of office or position by public officer before acceptance of his resignation 24. Art 244. Unlawful appointments of public officer knowingly lacks legal qualification 25. Art 253 Giving Assistance to suicide when not consummated. 26. Art 259- Dispensing of abortives by pharmacist without prescription 27.Art. 265. Less Serious Physical Injuries 28. Art 266. Slight Physical Injuries

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
29. Art 269 Unlawful Arrest. 30. Art 271 par 2 Inducing a minor to abandon his home- committed by father or mother . 31. Art 275 Abandoment of persons in danger and abandonment o ones own victim 32. Art 276 par 1- Abandoning a minor 33.Art. 277. Abandonment of Minor b person entrusted with custody; indifference o parents 34. Art 280. par 1- Qualified Trespass to dwelling 35 Art 281 Other forms of Trespass- [fenced estate]

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
36. Art 282 par.2 Grave Treats 37. Art 283 Light Treats 38. Art 285- Other Light Treats 39.Art. 287.Light Coercions or unjust vexation 40. Art 308 Theft in relation to Art 309 par.5,6,7 and 8 where the amount of the property is over P5.00 but not over P50.00 41. Art 311 Theft of property o National Library and National Museum 42. Art 313 Altering bounderies or landmarks

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
43. Art 315 par. 4 from sub par. 1 to 2 of SWINDLING OR ESTAFA (to include Bp22 related) Note: if the amount does not exceed P 200.00 44. Art 316 Other Forms of Swindling (selling property not his) 45. Art 317 Swindling a Minor 46.Art. 318.Other deceit. 47. Art 329 Other mischeifs- value of the property exceeds P 1,000.00

CRIMINAL CASES COVERAGE


RPC CASES penalized by Aresto Menor and Major:
48. Art 338 Simple Seduction 49. Art 339 Acts of lasciviousness with the consent of offended party 50. Art 358 Slander when non-serious oral defamation 51.Art. 359 Slander by deed when not serious in nature 52. Art 363 Incriminating innocent person 53. Art 364 Intriguing against honor

PROCEDURE IN CIVIL CASES


Pleadings allowed: complaints, compulsory counterclaims and cross-claims' pleaded in the answer, and the answers thereto Verification of all pleadings Answer within ten (10) days Immediate judgment for failure to answer Preliminary conference within 30 days Order/Record of preliminary conference within 5 days Submission of affidavits and position papers within 10 days Rendition of judgment within 30 days

PROCEDURE IN CRIMINAL CASES


Commenced by a complaint or information with affidavits Order to submit counter-affidavit and affidavits within 10 days; reply within 10 days Arraignment and preliminary conference Trial: affidavits necessary Judgment within 30 days

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.

REFERRAL TO LUPON
Section 408 of the Local Government Code enumerates the exceptions:
(a) Where one party is the government, or any subdivision or instrumentality thereof; (b) Where one party is a public officer or employee, and the dispute relates to the performance of his official functions; (c) Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos (P5,000.00);

REFERRAL TO LUPON
Section 408 of the Local Government Code enumerates the exceptions:
(d) Offenses where there is no private offended party; (e) Where the dispute involves real properties located in different cities or municipalities (f) Disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences

REFERRAL TO LUPON
Section 412 par b. of the Local Government Code enumerates the further exceptions: parties in dispute can
go directly to court: (1) Where the accused is under detention; (2) Where a person has otherwise been deprived of personal liberty calling for habeas corpus proceedings; (3) xxxxxxx (4) Where the action may otherwise be barred by the statute of limitations. (c) Conciliation among members of indigenous cultural communities. - The customs and traditions of indigenous cultural communities shall be applied in settling disputes between members of the cultural communities.

PROHIBITED PLEADINGS AND MOTIONS


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; Motion for a bill of particulars; Motion for new trial, or for reconsideration of a judgment, or for opening of trial; Petition for relief from judgment; Motion for extension of time to file pleadings, affidavits or any other paper;

PROHIBITED PLEADINGS AND MOTIONS


Memoranda; Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court; Motion to declare the defendant in default; Dilatory motions for postponement; Reply; Third party complaints; Interventions.