REVISED RULES ON SUMMARY PROCEDURE
CASES COVERED BY THE RULE (Sec. 1)
Rule shall govern the summary procedure in
the MTC, MTC in Cities, MCTC in the following
cases falling within their jurisdiction:
For Civil Cases:
1. Cases of forcible entry and unlawful
detainer
a. Irrespective of the amount of
damages or unpaid rentals sought
to be recovered
b. Where attorney’s fees are
awarded, it shall not exceed
P20,000
2. All other civil cases where total
amount of plaintiff’s claim does not
exceed P100,000 or P200,000 in
Metropolitan Manila, exclusive of
interest and costs
a. EXCEPT: probate proceedings
For Criminal Cases
1. Traffic laws, rules, and regulations
violation
2. Rental law violations
3. Municipal or city ordinance violations
4. All other criminal cases where penalty
prescribed by law for offense charged
is imprisonment not exceeding 6
months and/or a fine not exceeding
P1,000
a. Irrespective of other imposable
penalties, accessory or otherwise,
or of civil liability arising therefrom
b. In offenses involving damage to
property through criminal
negligence, this rule shall govern
where imposable fine does not
exceed P10,000
Rule shall not apply:
1. To a civil case where plaintiff’s cause of
action is pleaded in the same
complaint with another cause of action
subject to ordinary procedure
2. To a criminal case where offense
charged is necessarily related to
another criminal case subject to
ordinary procedure
EFFECT OF FAILURE TO ANSWER (Sec. 6)
If defendant fail to answer the complaint
within the period provided, court (motu
proprio or on motion of plaintiff) shall render
judgm ent
The judgment:
1. As may be warranted by the facts
alleged in the complaint and
2. Limited to what is prayed for
The court may in its discretion reduce the
amount of damages and attorney’s fees
claimed for being excessive or
unconscionable without prejudice to the
applicability of Sec. 4, Rule 18 ROC, if there
are 2 or more defendants
PRELIMINARY CONFERENCE AND
APPEARANCES OF PARTIES (Sec. 7)
A preliminary conference shall be held not
later than 30 days after the last answer is
filed.
Rules on pre-trial in ordinary cases shall
be applicable unless inconsistent with the
provisions of this Rule
Failure of plaintiff to appear in preliminary
conference
1. Cause for dismissal of complaint
2. Defendant who appears in the absence
of plaintiff shall be entitled to
judgment on his counterclaim in
accordance with Sec. 6
3. All cross-claims shall be dismissed
If sole defendant shall fail to appear
1. Plaintiff entitled to judgment in
accordance with Sec. 6
2. Rule shall not apply where one of 2 or
more defendants sued under a
common cause of action who had
pleaded a common defense shall
appear at preliminary conference
 KATARUNGANG PAMBARANGAY LAW (PD 1508; RA 7160 as amended)
SCOPE AND APPLICABILITY OF THE RULE
RA 7610 Sec. 399-422, and 515 is applicable.
The LGC is now the governing law on
Katarungang Pambarangay. PD 1508 was
expressly repealed
CASES COVERED
All disputes, civil and criminal in nature,
where parties actually reside in the SAME
CITY/MUNICIPALITY are subjected barangay
conciliation.
SUBJECT MATTER FOR AMICABLE
SETTLEMENT (Sec. 408, RA 7160)
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.
WHEN PARTIES MAY GO DIRECTLY TO COURT
In these cases, referral to barangay
conciliation is not a condition precedent for
filing a case to court:
1. Where one party is the government, or
any subdivision or instrumentality
thereof;
2. Where one party is a public officer or
employee, and the dispute relates to
the performance of his official
functions;
PARTIES
Between actual residents of the same
barangay
Between actual residents of different
barangays but within same
city/municipality
Involving real property or any interest
therein
Between parties arising at the
workplace or at institutions of learning
3. Offenses punishable by imprisonment
exceeding one (1) year or a fine
exceeding Five thousand pesos
(P5,000.00);
4. Offenses where there is no private
offended party;
5. Where the dispute involves real
properties located in different cities or
municipalities unless the parties
thereto agree to submit their
differences to amicable settlement by
an appropriate lupon;
6. 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 to amicable
settlement by an appropriate lupon;
7. Such other classes of disputes which
the President may determine in the
interest of Justice or upon the
recommendation of the Secretary of
Justice.
The court in which non-criminal cases not
falling within the authority of the lupon under
this Code are filed may, at any time before
trial motu propio refer the case to the lupon
concerned for amicable settlement.
VENUE (RA 7610, Sec. 409)
LUPON
Lupon of said barangay
Lupon of the barangay where the
respondent or any of the respondents
actually resides at the option of
complainant
Lupon of barangay were the real property
or the larger portion thereof is located
Lupon of the barangay were the
workplace or institution is located
EXECUTION
The amicable settlement or arbitration award
may be enforced by execution by the lupon
within six (6) months from the date of the
settlement. After the lapse of such time, the
settlement may be enforced by action in the
appropriate city or municipal court. (Sec.
417, RA 7160)
REPUDIATION
Any party to the dispute may, within ten (10)
days from the date of the settlement,
repudiate the same by filing with the lupon
chairman a statement to that effect sworn to
before him, where the consent is vitiated by
fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the
issuance of the certification for filing a
complaint as hereinabove provided. (Sec.
418, RA 7160)
 RULES OF PROCEDURE FOR SMALL CLAIMS CASES (A.M. No. 08-8-7-SC)
SCOPE AND APPLICABILITY OF THE RULE
This Rule shall govern the procedure in
actions before the MeTC, MTC in Cities, MTC
and MCTC for payment of money where the
value of the claim does not exceed P100,000
exclusive of interest and costs. (Sec. 2)
This Rule is applicable in all actions which are;
(Sec. 4)
1. 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
2. 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;
1. For money owned under any of the
following;
a. Contract of Lease;
b. Contract of Loan;
c. Contract of Services;
d. Contract of Sale; or
e. Contract of Mortgage;
2. For damages arising from any of the
following;
a. Fault or negligence;
b. Quasi-contract; or
c. Contract;
3. The enforcement of a barangay
amicable settlement or an arbitration
award involving a money claim
covered by this Rule pursuant to Sec.
417, LGC.
COMMENCEMENT OF SMALL CLAIMS
ACTION; RESPONSE (Sec. 5)
How commenced: By filing with the court an
accomplished and verified STATEMENT OF
CLAIM in duplicate
Attachments to the Statement of Claim:
1. Certification of Non-forum Shopping
2. Two (2) duly certified photocopies of
the actionable document/s subject of
the claim
3. Affidavits of witnesses and other
evidence to support the claim
NOTE: 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 admission of additional evidence.
No formal pleading, other than the
Statement of Claim, is necessary to initiate a
small claims action.
After examination of allegations of the Claim,
the court may dismiss outright the case for
any of the grounds apparent for the dismissal
of a civil action. (Sec. 9)
If no ground of dismissal is found, the court
shall issue Summons directing defendant to
submit a verified response. (Sec. 10)
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 (Sec. 11). Attachments:
1. Certified photocopies of documents
2. Affidavits of witnesses
3. Evidence in support
NOTE: No evidence shall be allowed
during hearing which was not attached
or submitted together with the
Response.
Should the defendant fail to file his response
within the required period, the court by itself
shall render judgment 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. (Sec. 12)

PROHIBITED PLEADINGS AND MOTIONS (Sec.
14)
The following pleadings, motions, and
petitions shall not be allowed in the cases
covered by this Rule:
1. Motion to dismiss the compliant
except on the ground of lack of
jurisdiction;
2. Motion for a bill of particulars;
3. Motion for new trial, or for
reconsideration of a judgment, or for
reopening of trial;
4. Petition for relief from judgment;
5. Motion for extension of time to file
pleadings, affidavits, or any other
paper;
6. Memoranda;
7. Petition for certiorari, mandamus, or
prohibition against any interlocutory
order issued by the court;
8. Motion to declare the defendant in
default;
9. Dilatory motions for postponement;
10. Reply;
11. Third-party complaints; and
12. Interventions.
APPEARANCES
The parties shall appear at the designated
date of hearing personally or through a
representative authorized under a Special
Power of Attorney to:
1. Enter into an amicable settlement,
2. Submit of Judicial Dispute Resolution
(JDR) and
3. Enter into stipulations or admissions of
facts and of documentary exhibits
(Sec. 16)
No attorney shall appear in behalf of or
represent a party at the hearing, unless the
attorney is the plaintiff or defendant. (Sec.
17)
Failure to appear:
1. If plaintiff fails to appear – it shall be a
cause for dismissal without prejudice.
Defendant present shall be entitled to
judgment on permissive counterclaim.
2. If defendant fails to appear – same
effect as failure to file Response.
HEARING; DUTY OF THE JUDGE
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. (Sec. 20)
At the hearing, the judge shall conduct JDR
through mediation, conciliation, early neutral
evaluation, or any other mode of JDR. (Sec.
21)
If JDR fails and the parties agree in writing
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. (Sec. 22)
Absent such agreement
1. In case of a multi-sala court , the case
shall, on the same day, be transmitted
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
2. 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.
FINALITY OF JUDGMENT
After the hearing, the court shall render its
decision on the same day, based on the facts
established by the evidence.
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.
(Sec. 23)
 EFFICIENT USE OF PAPER RULE (A.M. No. 11-9-4-SC)
FORMAT AND STYLE
All pleadings, motions and similar papers
intended for the court and quasi-judicial
body’s consideration and action (court-
bound papers) shall:
1. Be written in single space with one-
and-a –half space between
paragraphs,
2. Use an easily readable font style of the
party’s choice, of 14-size font, and on
a 13 –inch by 8.5- inch white bond
paper
All decisions, resolutions and orders issued
by courts and quasi-judicial bodies under the
administrative supervision of the Supreme
Court shall comply with these requirements.
Similarly covered are the reports submitted
to the courts and transcripts of stenographic
notes.
MARGINS AND PRINTS
The parties shall maintain the following
margins on all court-bound papers:
1. Left hand margin of 1.5 inches from
the edge;
2. Upper margin of 1.2 inches from the
edge;
3. Right hand margin of 1.0 inch from the
edge;
4. Lower margin of 1.0 inch from the
edge.
Every page must be consecutively numbered.
COPIES TO BE FILED
Unless otherwise directed by the court, the
number of court- bound papers that a party
is required or desires to file shall be as
follows:
In the Supreme Court,
1. One original (properly marked) and 4
copies
2. Two sets of annexes, one attached to
the original and an extra copy
If the case is referred to the Court En
Banc:
a. Parties shall file 10 additional
copies.
b. For the En Banc, the parties need to
submit only 2 sets of annexes, one
attached to the original and an
extra copy.
All members of the Court shall share
the extra copies of annexes in the
interest of economy of paper.
In the Court of Appeals and the
Sandiganbayan,
1. One original (properly marked) and
2. Two copies with their annexes;
In the Court of Tax Appeals,
1. One original (properly marked) and
2. 2 copies with annexes
On appeal to the En Banc:
a. One Original (properly marked)
b. 8 copies with annexes; and
In other courts,
1. One original (properly marked)
2. With the stated annexes attached to it.
ANNEXES SERVED ON ADVERSE PARTY
A party required by the rules to serve a copy
of his court-bound on the adverse party need
not enclose copies of those annexes that
based on the record of the court such party
already has in his possession.
In the event a party requests a set of the
annexes actually filed with the court, the part
who filed the paper shall comply with the
request within five days from receipt.
APPLICABILITY
This Rule applies to all courts and quasi-
judicial bodies under the administrative
supervision of the Supreme Court.