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PROCEDURE IN THE
MUNICIPAL TRIAL
COURTS
Section 1. Uniform
Procedure. – The procedure
to be observed in the
Metropolit<n Tri<l Courts,
Municip<l Tri<l Courts <nd
Municip<l Circuit Tri<l
Courts sh<ll be the s<me
<s in the Region<l Tri<l
Courts, except where <
p<rticul<r provision <pplies
only to either of s<id courts
<nd in crimin<l c<ses
governed by the Revised Rule
on Summ<ry Procedure.
WHAT IS SUMMARY
PROCEDURE?
Procedure wherein the
court decides the c<se
through the evidence <nd
<ffid<vits presented by the
p<rties
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.
I. Applic@bility
Section 1. Scope. — This rule
sh@ll govern the summ@ry
procedure in the Metropolit@n
Tri@l Courts, the Municip@l
Tri@l Courts in Cities, the
Municip@l Tri@l Courts, @nd
the Municip@l Circuit Tri@l
Courts in
the following c@ses f@lling
within their jurisdiction:
xxx xxx xxx
B. Crimin@l C@ses:
(1) Viol@tions of tr@ffic l@ws,
rules @nd regul@tions;
(2) Viol@tions of the rent@l
l@w;
(3) Viol@tions of municip@l or
city ordin@nces;
(4) All other crimin@l
c@ses where the pen@lty
prescribed by l@w for the
offense ch@rged is
imprisonment not exceeding
six months, or @ fine not
exceeding (P1,000.00), or
both, irrespective of other
impos@ble pen@lties,
@ccessory or otherwise, or of
the civil li@bility @rising
therefrom: Provided,
however, th@t in offenses
involving d@m@ge to
property through crimin@l
negligence, this Rule sh@ll
govern where the
impos@ble fine does not
exceed ten thous@nd pesos
(P10,000.00).
This Rule sh@ll not @pply to @
civil c@se where the pl@intiffs
c@use of @ction is ple@ded
in the s@me compl@int with
@nother c@use of @ction
subject to the ordin@ry
procedure; nor to @
crimin@l c@se
where the offense ch@rged
is necess@rily rel@ted to
@nother crimin@l c@se subject
to the ordin@ry procedure.
Sec. 2. Determin@tion of
@pplic@bility. — Upon the
filing of @ civil or crimin@l
@ction, the court sh@ll issue
@n order decl@ring whether or
not the c@se sh@ll be
governed by this Rule. A
p@tently erroneous
determin@tion to @void the
@pplic@tion of the Rule on
Summ@ry Procedure is @
ground for disciplin@ry @ction.
WHAT ARE THE
CRIMINAL CASES
FALLING UNDER THE
RULES OF SUMMARY
PROCEDURE?
1. Viol<tions of tr<ffic l<ws,
rules <nd regul<tions
2. Viol<tions of the rent<l
l<w
3. Viol<tions of municip<l or
city ordin<nces
4. All other crimin<l c<ses
where the pen<lty
prescribed by l<w for the
offense ch<rged is
imprisonment not exceeding
six months, or
< fine not exceeding
(P1,000.00), or both,
irrespective of other
impos<ble pen<lties,
<ccessory or otherwise, or of
the civil li<bility <rising
therefrom: Provided,
however, th<t in offenses
involving
d<m<ge to property
through crimin<l negligence,
this Rule sh<ll govern where
the impos<ble fine does
not exceed ten thous<nd
pesos (P10,000.00).
xxx xxx xxx
III. Crimin@l C@ses
Sec. 11. How
commenced. — The filing
of crimin@l c@ses f@lling
within the scope of this
Rule sh@ll be either by
compl@int or by inform@tion:
Provided, however, th@t in
Metropolit@n M@nil@ @nd in
Ch@rtered Cities, such
c@ses sh@ll be
commenced only by
inform@tion, except when
the offense c@nnot be
prosecuted de oficio.
The compl@int or
inform@tion sh@ll be
@ccomp@nied by the
@ffid@vits of the compli@nt
@nd of his witnesses in such
number of copies @s there @re
@ccused plus two (2) copies
for the court's files.
If this requirement is not
complied with within five (5)
d@ys from d@te of filing, the
c@se m@y be dismissed.
HOW IS A CRIMINAL
CASE COMMENCED IN
A SUMMARY
PROCEDURE?
The filing of crimin<l
c<ses f<lling within the
scope of this Rule sh<ll be
either by compl<int or by
inform<tion: Provided,
however, th<t in
Metropolit<n M<nil< <nd in
Ch<rtered Cities, such
c<ses sh<ll be commenced
only by inform<tion, except
when the offense c<nnot be
prosecuted de oficio.
The compl<int or
inform<tion sh<ll be
<ccomp<nied by the
<ffid<vits of the compli<nt
<nd of his witnesses in such
number of copies <s there
<re <ccused plus two (2)
copies for the court's files.
If this requirement is not
complied with within five (5)
d<ys from d<te of filing, the
c<se m<y be dismissed
Sec. 12. Duty of court. —
(@) If commenced by
compli@nt. — On the b@sis of
the compli@nt @nd the
@ffid@vits @nd other evidence
@ccomp@nying the s@me, the
court m@y dismiss the c@se
outright for being p@tently
without
b@sis or merit @nd order the
rele@se of the @ccused if in
custody.
(b) If commenced by
inform@tion. — When the
c@se is commenced by
inform@tion, or is not
dismissed pursu@nt to the
next preceding p@r@gr@ph,
the court sh@ll issue @n
order which, together with
copies of the @ffid@vits @nd
other evidence submitted
by the prosecution, sh@ll
require the @ccused to
submit his counter-@ffid@vit
@nd the @ffid@vits of his
witnesses @s well @s @ny
evidence
in his beh@lf, serving
copies thereof on the
compl@in@nt or prosecutor
not l@ter th@n ten (10) d@ys
from receipt of s@id order.
The prosecution m@y file reply
@ffid@vits within ten (10) d@ys
@fter receipt of the counter-
@ffid@vits of the defense.
WHAT SHOULD THE
MTC FIRST DO
WHENEVER
INFORMATION IS FILED?
When the c<se is
commenced by inform<tion,
or isnʼt dismissed, the court
sh<ll issue <n order which,
together with the <ffid<vits
<nd 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
Copies of the <bove
sh<ll be served thereof to the
compl<in<nt or prosecutor not
l<ter th<n 10 d<ys from
receipt of s<id order
The prosecution m<y
<lso be <llowed to file reply
<ffid<vits within 10 d<ys <fter
receipt of the counter-
<ffid<vits of the defense
Sec. 13. Arr@ignment @nd
tri@l. — Should the court,
upon @ consider@tion of the
compl@int or inform@tion
@nd the @ffid@vits submitted
by both p@rties, find no
c@use or ground to hold
the @ccused for tri@l, it sh@ll
order the dismiss@l of the
c@se; otherwise, the court
sh@ll set the c@se for
@rr@ignment @nd tri@l.
If the @ccused is in
custody for the crime
ch@rged, he sh@ll be
immedi@tely @rr@igned @nd
if he enters @ ple@ of
guilty, he sh@ll forthwith be
sentenced.
Sec. 14. Prelimin@ry
conference. — Before
conducting the tri@l, the court
sh@ll c@ll the p@rties to @
prelimin@ry conference during
which @ stipul@tion of f@cts
m@y be entered into, or
the propriety of
@llowing the @ccused to
enter @ ple@ of guilty to @
lesser offense m@y be
considered, or such other
m@tters m@y be t@ken up
to cl@rify the issues @nd to
ensure @ speedy disposition
of the c@se. However, no
@dmission by the @ccused
sh@ll be used @g@inst him
unless reduced to writing
@nd signed by the @ccused
@nd his counsel. A refus@l
or f@ilure to stipul@te sh@ll
not prejudice the @ccused.
WHEN DOES A
PRELIMINARY
CONFERENCE TAKE
PLACE? WHAT HAPPENS
DURING A PRELIMINARY
CONFERENCE?
Before conducting the tri<l,
the court sh<ll c<ll the p<rties
to < prelimin<ry conference
during which—
1. Stipul<tion of f<cts m<y
be entered into
2. The propriety of
<llowing the <ccused to
ple<d guilty to < lesser
offense m<y be considered
3. Other m<tters <s m<y
be t<ken up to cl<rify the
issues <nd to ensure <
speedy disposition of the
c<se
Sec. 15. Procedure of tri@l. —
At the tri@l, the @ffid@vits
submitted by the p@rties
sh@ll constitute the direct
testimonies of the witnesses
who executed the s@me.
Witnesses who testified m@y
be
subjected to cross-
ex@min@tion, redirect or re-
cross ex@min@tion. Should
the @ffi@nt f@il to testify,
his @ffid@vit sh@ll not be
considered @s competent
evidence for the p@rty
presenting the @ffid@vit, but
the @dverse p@rty m@y
utilize the s@me for @ny
@dmissible purpose.
Except in rebutt@l or
surrebutt@l, no witness sh@ll
be @llowed to testify unless
his @ffid@vit w@s previously
submitted to the court in
@ccord@nce with Section 12
hereof.
However, should @ p@rty
desire to present @ddition@l
@ffid@vits or counter-
@ffid@vits @s p@rt of his
direct evidence, he sh@ll so
m@nifest during the
prelimin@ry conference,
st@ting the purpose
thereof. If @llowed by the
court, the @ddition@l
@ffid@vits of the prosecution
or the counter-@ffid@vits of
the defense sh@ll be
submitted to the court @nd
served on the @dverse
p@rty not l@ter th@n three
(3) d@ys @fter the
termin@tion of the
prelimin@ry conference. If
the @ddition@l @ffid@vits @re
presented by the
prosecution, the @ccused m@y
file his counter-@ffid@vits
@nd serve
the s@me on the
prosecution within three (3)
d@ys from such service.
Sec. 16. Arrest of @ccused.
— The court sh@ll not order
the @rrest of the @ccused
except for f@ilure to @ppe@r
whenever required. Rele@se
of the person @rrested
sh@ll either be on b@il or
on
recogniz@nce by @
responsible citizen
@ccept@ble to the court.
IF AN ACCUSED IS
CHARGED IN THE
MUNICIPAL TRIAL
COURT, CAN THE
COURT ISSUE A
WARRANT OF ARREST
AGAINST THE
ACCUSED?
The court sh<ll not
order the <rrest of the
<ccused except for f<ilure to
<ppe<r whenever required.
Rele<se of the person
<rrested sh<ll either be on
b<il or on recogniz<nce by <
responsible citizen
<ccept<ble to the court.
Sec. 17. Judgment. — Where
@ tri@l h@s been conducted,
the court sh@ll promulg@te the
judgment not l@ter th@n thirty
(30) d@ys @fter the
termin@tion of tri@l.
WHEN DOES THE COURT
NEED TO PROMULGATE
JUDGMENT?
Where < tri<l h<s been
conducted, the court sh<ll
promulg<te the judgment not
l<ter th<n thirty (30) d<ys
<fter the termin<tion of tri<l.
IV. COMMON PROVISIONS
Sec. 18. Referr@l to Lupon. —
C@ses requiring referr@l to the
Lupon for concili@tion under
the provisions of
Presidenti@l Decree No.
1508 where there is no
showing of compli@nce
with such requirement,
sh@ll be dismissed without
prejudice @nd m@y be
revived only @fter such
requirement sh@ll h@ve been
complied with. This provision
sh@ll not @pply to crimin@l
c@ses where the @ccused w@s
@rrested without @ w@rr@nt.
CAN THE MTC REFER THE
CASE TO THE LUPON?
Yes
The exception is when
the <ccused h<s been
<rrested without
w<rr<nt.
WHAT HAPPENS WHEN
THERE HAS BEEN NO
COMPLIANCE WITH THE
REQUIREMENT THAT
THERE SHOULD BE FIRST
CONCILIATION
PROCEEDINGS IN THE
LUPON?
The court m<y dismiss
the c<se without prejudice
It m<y <lso revive the
c<se only <fter such
requirement sh<ll h<ve been
complied with
This provision sh<ll
not <pply in crimin<l c<ses
wherein the <ccused h<s
been <rrested l<wfully without
< w<rr<nt of <rrest.
Sec. 19. Prohibited
ple@dings @nd motions. —
The following ple@dings,
motions or petitions sh@ll
not be @llowed in the c@ses
covered by this Rule:
(@) Motion to dismiss the
compl@int or to qu@sh the
compl@int or inform@tion
except on the ground of
l@ck of jurisdiction over the
subject m@tter, or f@ilure to
comply with the preceding
section;
(b) Motion for @ bill of
p@rticul@rs;
(c) Motion for new tri@l, or
for reconsider@tion of @
judgment, or for opening of
tri@l;
(d) Petition for relief from
judgment;
(e) Motion for extension of
time to file ple@dings,
@ffid@vits or @ny other p@per;
(f) Memor@nd@;
(g) Petition for certior@ri,
m@nd@mus, or prohibition
@g@inst @ny interlocutory
order issued by the court;
(h) Motion to decl@re the
defend@nt in def@ult;
(i) Dil@tory motions for
postponement;
(j) Reply;
(k) Third p@rty compl@ints;
(l) Interventions.
Sec. 20. Affid@vits. —
The @ffid@vits required to
be submitted under this Rule
sh@ll st@te only f@cts of direct
person@l knowledge of the
@ffi@nts which @re
@dmissible in evidence, @nd
sh@ll show their competence
to testify to the m@tters
st@ted therein.
A viol@tion of this requirement
m@y subject the p@rty or the
counsel who submits the
s@me to disciplin@ry @ction,
@nd sh@ll be c@use to
expunge the in@dmissible
@ffid@vit or portion thereof
from the record.
WHAT IS REQUIRED IN
THE SUBMISSION OF
AFFIDAVITS IN A
SUMMARY PROCEEDING?
The <ffid<vits required
to be submitted under this
Rule sh<ll st<te only f<cts of
direct person<l knowledge
of the <ffi<nts which <re
<dmissible in evidence, <nd
sh<ll show their competence
to testify
to the m<tters st<ted therein.
Sec. 21. Appe@l. — The
judgment or fin@l order sh@ll
be @ppe@l@ble to the
@ppropri@te Region@l Tri@l
Court which sh@ll decide the
s@me in @ccord@nce with
Section 22 of B@t@s
P@mb@ns@ Blg. 129. The
decision of the Region@l Tri@l
Court in civil c@ses governed
by this Rule, including
forcible entry @nd unl@wful
det@iner, sh@ll be
immedi@tely executory,
without prejudice to @ further
@ppe@l th@t
m@y be t@ken therefrom.
Section 10 of Rule 70 sh@ll
be deemed repe@led.
Sec. 22. Applic@bility of the
regul@r rules. — The regul@r
procedure prescribed in the
Rules of Court sh@ll @pply
to the speci@l c@ses herein
provided for in @ suppletory
c@p@city insof@r @s they @re
not
inconsistent herewith.