Professional Documents
Culture Documents
2.
3.
Civil cases:
a. All cases of forcible entry and
unlawful detainer, irrespective of
amount of damages or unpaid
rentals sought to be recovered
provided when attorneys fees are
awarded, the same shall not exceed
P20,000.00; and
b. All other civil cases, except probate
proceedings, where the total amount
of the plaintiffs claim does not
exceed P100,000 or P200,000 in
Metropolitan Manila, exclusive of
interest and costs (As amended by
A.M. No. 02-11-09-SC effective Nov.
5, 2002)
Criminal cases:
a. Violations of traffic laws, rules and
regulations;
b. Violations of rental law;
c. Violations of municipal or city
ordinances;
d. All other criminal cases where the
penalty prescribed by law for the
offense charged is imprisonment not
exceeding 6 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 there from.
Provided however, that in offenses
involving damage to property
through criminal negligence, this
Rule shall govern where the
imposable fine does not exceed
P10,000.00; and
Violation of bouncing checks law (Sec. 1).
B. EFFECT OF FAILURE TO ANSWER
372
KATARUNGANG PAMBARANGAY
VIII. KATARUNGANG PAMBARANGAY
C. VENUE
A. CASES COVERED
A:
1.
2.
3.
B. SUBJECT MATTER OF AMICABLE SETTLEMENT
Q: What is the subject matter for amicable
settlement?
4.
A:
GR: The Lupon of each barangay shall have
authority to bring together the parties actually
residing in the same city or municipality for
amicable settlement of all disputes. (Sec. 2)
3.
4.
5.
6.
7.
8.
9.
373
374
2.
3.
2.
3.
375
D. APPEARANCES
Q: Who are required to appear at the hearing?
3.
4.
376
377
(t)
(u)
378
(v)
(w)
(x)
(y)
A:
1. Put the parties and their counseld under
oath and they shall remain under oath in all
pre-trial conferences.
2. Exert best efforts to persuade parties to
arrive at an amicable settlement.
3. Issue a consent decree
3. PROHIBITED PLEADINGS AND MOTIONS
Q: What are the prohibited pleadings and motions
under this Rules Civil Procedure?
A:
1.
2.
3.
4.
5.
6.
379
380
1. WRIT OF KALIKASAN
Motion to dismiss;
Motion for extension of time to file
return;
Motion for postponement;
Motion for a bill of particulars;
Counterclaim or cross-claim;
Third-party complaint;
Reply; and
Motion to declare respondent in default.
(Sec. 9, Rule 7)
3. DISCOVERY MEASURES
Ocular inspection; or
Production or inspection of documents or
things. (Sec. 12, Rule 7)
381
2.
4.
5.
Allegation of facts
Specific allegation that it concerns an
environmental law, rule or regulation
Prayer that judgment be rendered
commanding the respondent to do an act
or series of acts until the judgment is fully
satisfied
Prayer for damages sustained due to
malicious neglect to perform legal duties
Sworn
certification
of
non-forum
shopping.
2.
A:
1.
382
1.
D. CRIMINAL PROCEDURE
2.
2.
2.
3.
4.
5.
383
6.
5. BAIL
Q: Where must bail be filed?
A: It is filed with the court where the case is
pending, or in the absence or unavailability of the
judge thereof, with any regional trial judge,
metropolitan trial judge, municipal trial judge or
municipal circuit trial judge in the province, city or
municipality.
If the accused is arrested in a province, city or
municipality other than where the case is pending,
bail may also be filed with any Regional Trial Court
of said place, or if no judge thereof is available, with
any metropolitan trial judge, municipal trial judge
or municipal circuit trial judge therein. If the court
grants bail, the court may issue a hold-departure
order in appropriate cases. (Sec. 1, Rule 14)
Q: What must the court do before granting the bail
application?
A: The judge must read the information to the
accused in a language known to and understood by
the accused. (Sec. 2, Rule 14)
Q: What are the contents of the written
undertaking which the accused must sign?
A:
1.
2.
3.
384
5.
6.
8.
3.
4.
5.
6.
7.
8. SUBSIDIARY LIABILITIES
Q: When may subsidiary liability be recovered?
A: Under Art. 102 and 103 of the RPC, liability may
be enforced the person or corporation subsidiarily
liable upon motion of the person entitled to recover
such award in case of conviction of the acused. (Sec
1, Rule 18)
E. EVIDENCE
1. PRECAUTIONARY PRINCIPLE
Q: What is the precautionary principle?
A: The court in upholding the constitutional right of
the people to a balanced and healthful ecology shall
give the evidence presented the benefit of the
doubt even when there is a lack of full scientific
certainty in establishing a causal link between
human activity and the environmental effect. (Sec.
1, Rule 20)
385
386