Rule III

RULE III
THE RULE ON SUMMARY PROCEDURE

A. CIVIL CASES

Section 1. Pleadings and verification.– The only pleadings allowed to be filed are the complaint,
compulsory counterclaim, cross-claim pleaded in the answer, and reply, as provided in Section 8 of
this Rule.

All pleadings shall be verified.

Sec. 2. Form and contents of pleadings. – All pleadings submitted under this Rule shall comply with
Rule 7 of the 2019 Amendments to the 1997 Rules of Civil Procedure.

All cases requiring prior referral to barangay conciliation must contain a statement of
compliance, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160. Where there is no
showing of compliance with such requirement, the complaint shall be dismissed without prejudice,
on the court’s own initiative or upon motion by the defendant, and may be re-filed only after the
requirement has been complied with.

Sec. 3. Complaint. – The complaint shall state the following:

(a) The names of the affiants whose judicial affidavits will be presented to prove the plaintiff’s
claim. The judicial affidavits shall be attached to the complaint and form an integral part
thereof. Judicial affidavits not attached to the complaint shall not be considered;

(b) The summary of the statements in the judicial affidavits;

(c) The documentary and other object evidence in support of the allegations in the complaint;
and

(d) Whether the plaintiff consents to service by electronic means or facsimile and, if so, the
plaintiff’s e-mail addresses or facsimile numbers for such purpose.

Sec. 4. Summons. – Within five (5) calendar days from receipt of a new civil case, if the court determines
that the case falls under this Rule, the court shall direct the Branch Clerk to issue summons to the
defendant, stating clearly that the case shall be governed by the Rule on Summary Procedure.

However, if from an examination of the allegations in the initiatory pleading and such evidence
as may be attached thereto, a ground for the outright dismissal of the case is apparent, the court may
dismiss the case on its own initiative. These grounds include lack of subject matter jurisdiction,
improper venue, lack of legal capacity to sue, litis pendentia, res judicata, prescription, failure to state

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a cause of action, non-submission of a certification against forum shopping, and lack of compliance
with a condition precedent such as absence of barangay conciliation, among others.

A patently erroneous determination to avoid the application of the Rule on Summary Procedure
is a ground for disciplinary action.

Sec. 5. Filing and service. – The rules on filing and service of pleadings under Rule 13 and service
of summons under Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be
applicable to cases under this Rule, unless inconsistent.

Sec. 6. Answer. – Within thirty (30) calendar days from service of summons, the defendant shall file
an answer to the complaint and serve a copy thereof on the plaintiff.

The answer shall state the following:

(a) The names of the affiants whose judicial affidavits will be presented to prove the defendant’s
allegations. The judicial affidavits shall be attached to the answer and form an integral part
thereof. Judicial affidavits not attached to the answer shall not be considered;

(b) The summary of the statements in the judicial affidavits;

(c) The documentary and other object evidence in support of the allegations in the answer; and

(d) Whether the defendant consents to service by electronic means or facsimile and, if so, the
defendant’s e-mail addresses or facsimile numbers for such purpose.

Affirmative defenses not pleaded in the answer shall be deemed waived, except for lack of
jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.

Cross-claims and compulsory counterclaims not asserted in the answer shall be considered
barred.

Sec. 7. 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 answer; otherwise,
the defendant shall be barred from suing on such counterclaim.

The defendant may also elect to 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 other legal fees are paid.

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Any amount pleaded in a counterclaim in excess of Two Million Pesos (₱2,000,000.00),

excluding interests and costs, shall be deemed waived.

Sec. 8. Reply. – All new matters alleged in the answer shall be deemed controverted.

The plaintiff may file a reply to a counterclaim only when an actionable document is attached
to the answer. The reply shall be filed within ten (10) calendar days from receipt of the answer.

Sec. 9. Effect of failure to answer. – Should the defendant fail to answer the complaint within the
period provided, the court, on its own initiative, or upon manifestation by the plaintiff that the period
for filing an answer has already lapsed, shall render judgment as may be warranted by the facts alleged
in the complaint and its attachments, limited to what is prayed for therein.

The court may reduce the amount of damages and attorney’s fees claimed for being excessive
or otherwise unconscionable.

Sec. 10. Preliminary Conference; notice. – Within five (5) calendar days after the last responsive
pleading is filed, the Branch Clerk of Court shall issue a Notice of Preliminary Conference, which
shall be held within thirty (30) calendar days from the date of filing of such last responsive pleading.
The rules on pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure
shall be applicable to the Preliminary Conference, unless inconsistent.

The Notice of Preliminary Conference shall include the dates respectively set for:

(a) Preliminary Conference (within thirty [30] calendar days from the filing of the last
responsive pleading);

(b) Court-Annexed Mediation (within an inextendible period of thirty [30] calendar days from
date of referral for mediation); and

(c) Judicial Dispute Resolution, in the court’s discretion (within an inextendible period of
fifteen [15] calendar days from notice of failure of the Court-Annexed Mediation).

Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the

Preliminary Conference and shall merit the same sanctions under Section 12 of this Rule.

Sec. 11. Preliminary Conference Brief. – The parties shall file with the court and serve on the adverse
party in such a way as to ensure receipt, at least three (3) calendar days before the scheduled Preliminary
Conference, their respective Preliminary Conference Briefs, which shall contain, among others:

(a) A summary of admitted facts;

(b) A summary of disputed facts and proposals for stipulations on the same;

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(c) A statement of factual and legal issues; and

(d) A list of testimonial, object, and other documentary evidence offered in support of the
party’s claims or defenses, and their markings, if any.

Failure to submit a Preliminary Conference Brief within the period given shall merit the same
sanction as non-appearance at the Preliminary Conference.

Sec. 12. Appearance at Preliminary Conference. – It shall be the duty of the parties and their counsel
to appear at the Preliminary Conference, Court-Annexed Mediation, and Judicial Dispute Resolution,
if the latter is ordered by the court. The non-appearance of a party and/or counsel may be excused only
for acts of God, force majeure, or duly substantiated physical inability.

A representative may appear on behalf of a party, but must be fully authorized through a Special
Power of Attorney or a board resolution, as the case may be, to: (1) enter into an amicable settlement,
(2) to submit to alternative modes of dispute resolution, and (3) to enter into stipulations or admissions
of facts and documents. An authority which fails to include all these acts shall be ineffective and the
party represented shall be deemed absent.

The failure despite notice of the plaintiff and/or his or her counsel to appear at the Preliminary
Conference shall be a cause for the dismissal of the complaint. The defendant who appears in the
absence of the plaintiff shall be entitled to judgment on the counterclaim, in accordance with Section
9 of this Rule. All cross-claims shall be dismissed.

If a sole defendant and/or his or her counsel fail to appear at the Preliminary Conference, the
plaintiff shall be entitled to judgment in accordance with Section 9 of this Rule. This Rule shall not
apply, however, where one of two or more defendants sued under a common cause of action and who
had pleaded a common defense, shall appear at the Preliminary Conference.

Sec. 13. Preliminary Conference Order. – Immediately after the preliminary conference and the
issues having been joined, the court shall issue a Preliminary Conference Order referring the parties to
the mandatory Court-Annexed Mediation, and Judicial Dispute Resolution, which shall be conducted
in accordance with the provisions of A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of
the Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) in Civil Cases.

The court may, in the same Preliminary Conference Order, declare the case submitted for
judgment if, on the basis of the pleadings and their attachments, as well as the stipulations and
admissions made by the parties, judgment may be rendered without the need of submission of position
papers. In this event, the court shall render judgment within thirty (30) calendar days from issuance
of the order. The court’s order shall not be the subject of a motion for reconsideration or a petition for
certiorari, prohibition, or mandamus, but may be among the matters raised on appeal after a judgment
on the merits.

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If the court, however, deems the submission of position papers still necessary, it shall require the
parties, in the Preliminary Conference Order, to submit their respective position papers within ten (10)
calendar days from receipt of such order. No other judicial affidavits or evidence will be admitted even
if filed with the position papers.

Sec. 14. Rendition of judgment. – Within thirty (30) calendar days from receipt by the court of the
Mediator’s Report or the JDR Report on the parties’ failure to reach an amicable settlement, 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
additional judicial affidavits or other evidence on the said matters, within ten (10) calendar days from
receipt of said order. Judgment shall be rendered within fifteen (15) calendar days after the receipt of
the last clarificatory judicial 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.

B. CRIMINAL CASES

Section 1. How commenced; filing and service. – The filing of criminal cases governed by the Rule
on Summary Procedure shall either be by complaint or by information.

The complaint or information shall be accompanied by the judicial affidavits of the complainant
and of his or her witnesses, in such number of copies as there are accused, plus one (1) copy for the
court.

The complaint or information and other submissions of the parties may be filed with the court
and served on the adverse party/ies, and judgments, resolutions, orders, and other court processes may
be served to the parties, electronically with their consent, in accordance with the prevailing Rules and
other Court issuances.

Sec. 2. Duty of court; judicial affidavits. –

(a) If commenced by complaint. – On the basis of the complaint and the judicial affidavits and
other evidence accompanying the same, the court may dismiss the case outright for lack of probable
cause, and order the release of the accused if in custody.

(b) If commenced by information. – When the case is commenced by information, or is not

dismissed pursuant to paragraph (a), the court shall issue an order which, together with copies of the
resolution of the investigating officer and the judicial affidavits and other evidence submitted by the
prosecution, shall require the accused to submit a judicial counter-affidavit and the judicial affidavits

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of his or her witnesses, as well as any other evidence in his or her behalf, within fifteen (15) calendar
days from receipt of the order. The accused shall serve copies thereof on the private complainant and
the public prosecutor within the same period.

Except on rebuttal, no witness shall be allowed to testify unless his or her judicial affidavit was
submitted in accordance with this provision. The judicial affidavit shall take the place of the direct
testimony of a witness.

However, instead of judicial affidavits, the prosecution may submit the written sworn statements
of the complainant and/or the witnesses prepared by the law enforcement agents assigned to the case,
or the affidavits submitted to the public prosecutor during preliminary investigation. If the prosecution
chooses this option, the prosecutor shall not be allowed to ask additional direct examination questions
of the complainant and/or the witnesses, except for meritorious reasons. The sworn statements
and affidavits shall stand as the direct testimony of the affiants, supplemented by additional direct
examination if allowed by the court.

Sec 3. Determination of probable cause. – Upon receipt of the accused’s judicial counter-affidavit
and/or the judicial affidavits of his or her witnesses, or the lapse of the period given for the submission
thereof, the court shall determine if probable cause exists to hold the accused for trial.

If the court finds that no probable cause exists, it shall order the dismissal of the case and the
immediate release of the accused, if in custody.

If the court finds that probable cause exists, the court shall set the case for arraignment and
pre-trial.

For detained accused, if the period for submission of judicial affidavits and other evidence by
the accused has not yet lapsed and no submission has been made on the date set for the arraignment and
pre-trial, the court may proceed with the arraignment if the accused waives the court’s consideration
of his or her judicial counter-affidavit and/or the judicial affidavits of his or her witnesses in the
determination of probable cause, without waiver of the admission of such judicial counter-affidavit
and/or the judicial affidavits of his or her witnesses within a fresh period of ten (10) calendar days from
the date of the arraignment and the pre-trial.

Sec. 4. Arrest. – The court shall not issue a warrant for the arrest of the accused in criminal cases
governed by the Rule on Summary Procedure, except for failure to appear despite notice, whenever
required by the court. Release of the person arrested shall either be on bail, or on his or her own
recognizance, or that of a responsible citizen acceptable to the court.

If the warrant of arrest could not be served on the accused because he or she could not be
located, the court shall issue an order archiving the case once the law enforcement agency entrusted
with the service of the warrant of arrest files a return to that effect, or after six (6) months from the
issuance of the warrant of arrest, there being no return filed by the law enforcement agency.

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Sec. 5. Arraignment and pre-trial. –

(a) Upon receipt of the case, the court shall set the arraignment and pre-trial within ten (10)
calendar days for detained accused and thirty (30) calendar days for non-detained accused.

The notice of arraignment and pre-trial shall require the attendance of the accused and his or
her counsel and all defense witnesses, the private complainant and his or her witnesses, the public
prosecutor and private prosecutor, where allowed, as well as the law enforcement agents assigned to
the case.

Before arraigning the accused, the court shall inquire into the possibility of a plea bargain
between the parties. If there is no plea bargain, the court shall arraign the accused on the original
charge and enter his or her plea in the record.

If the accused pleads guilty to the original charge, the court shall forthwith sentence him or her.

If the accused offers to plead guilty to a lesser offense, the consent of the public prosecutor
and the private complainant, or the law enforcement agent assigned to the case in victimless crimes,
shall be secured, unless the latter are absent despite notice, in which case the consent of the public
prosecutor shall suffice.

(b) After arraignment, the court shall conduct the Pre-Trial Conference in accordance with the
Revised Guidelines for Continuous Trial of Criminal Cases.

No admission by the accused shall be used against him or her unless reduced into writing
and signed by the accused and the defense counsel. The signatures of the accused and the defense
counsel either on the Pre-Trial Order or the Minutes of the Pre-Trial Conference, which embodies such
admissions, shall suffice.

Sec. 6. Trial and offer. – At the trial, the testimonies of witnesses shall consist of the duly subscribed
written statements given to law enforcement agents, or the affidavits or counter-affidavits submitted
before the investigating officer, or their judicial affidavits, subject to cross, re-direct, and re-cross
examination questions.

Should any affiant fail to testify, his or her 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 on rebuttal, no witness shall be allowed to testify unless his or her affidavit was
previously submitted to the court in accordance with Section 2 hereof.

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The prosecution shall have sixty (60) calendar days to complete its evidence presentation. On
the last day of its presentation of evidence, the public prosecutor shall orally offer the prosecution
evidence. The defense counsel shall then make his or her oral comments on the offer, and thereafter,
the court shall orally resolve the offer of evidence of the prosecution. The ruling shall be embodied in
the written order the court will issue thereafter.

The defense shall also have sixty (60) calendar days to complete its evidence presentation. On
the last day of its presentation of evidence, the defense counsel shall orally offer the defense evidence.
The public prosecutor shall then make his or her oral comments on the offer, and thereafter, the court
shall orally resolve the offer of evidence of the defense. The ruling shall be embodied in the written
order the court will issue thereafter.

If the prosecution decides to present rebuttal evidence, it shall have fifteen (15) calendar days
from the court action on the offer of defense evidence to complete the same.

A motion for postponement of any trial date shall be presumed dilatory and denied outright,
unless grounded on acts of God, force majeure, or duly substantiated physical inability of the counsel
or witness. Any postponement granted by the court for the authorized causes shall not extend the
period for presentation of a party’s evidence. The party who sought the postponement shall only have
the remaining trial dates assigned to him or her to complete his or her evidence presentation.

Sec. 7. Judgment. – The court shall render and promulgate the judgment not later than thirty (30)
calendar days from the court’s action on the last presenting party’s offer of evidence.

C. APPEALS IN SUMMARY PROCEDURE

Section 1. Ordinary appeal. – Any judgment, final order, or final resolution in a Summary Procedure
case may be appealed to the appropriate Regional Trial Court exercising jurisdiction over the territory
under Rule 40 for civil cases and Rule 122 for criminal cases, of the Rules of Court. The appeal shall
be taken by filing a notice of appeal, together with proof of payment of the appeal fees, with the court
that rendered the judgment, order or resolution appealed from, within fifteen (15) calendar days from
receipt of the same.

Sec. 2. Remedy from judgment on appeal. – The judgment of the Regional Trial Court on the appeal
shall be final, executory, and unappealable.

RULE IV
THE RULE ON SMALL CLAIMS

Section 1. Scope. – This Rule shall govern the procedure in actions before the Metropolitan Trial
Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and
Municipal Circuit Trial Courts (MCTCs) for payment or reimbursement of a sum of money where the
value of the claim does not exceed One Million Pesos (P1,000,000.00).

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