MATERIALS FOR PRACTICE COURT

A. M. No. 00-11-01-SC
RE: AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF CRIMINAL
CASES TO INCLUDE WITHIN ITS COVERAGE VIOLATIONS OF B.P. BLG. 22,
OTHERWISE KNOWN AS THE BOUNCING CHECKS LAW
RESOLUTION

Acting on the recommendation of the Chairman of the Committee on Revision of the Rules
of Court submitting for this Court’s consideration and approval the Proposed Amendment
To The Rule On Summary Procedure Of Criminal Cases To Include Within its Coverage
Violations of B.P. Big. 22, Otherwise Known As The Bouncing Checks Law, the Court
Resolved to APPROVE the same.

The amendment shall take effect on April 15, 2003 following its publication in a newspaper
of general circulation not later than March 30, 2003.
March 25, 2003.
(Sgd.) Hilario G. Davide, Jr.
Chief Justice

AMENDMENT TO THE RULE ON SUMMARY PROCEDURE OF CRIMINAL CASES

TO INCLUDE WITHIN ITS COVERAGE VIOLATIONS OF B.P. BLG. 22, OTHERWISE
KNOWN AS THE BOUNCING CHECKS LAW

Section 1 of the Revised Rule on Summary Procedure (Resolution of the Court En Banc
dated October 15, 1991), is amended as follows:

“Section 1. Scope. This rule shall govern the summary procedure in Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, Municipal Trial Courts, and the Municipal
Circuit Trial Courts in the following cases falling within their jurisdiction.
A. Civil Cases
xxx
B. Criminal Cases:
xxx
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law);
5. All other criminal cases where the penalty prescribed by law for the offense charged
is imprisonment not exceeding six months, or a fine not exceeding one thousand pesos
(P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise,
or of the civil liability arising therefrom: Provided, however, 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).
This Rule shall not apply to a civil case where the plaintiff’s cause of action is pleaded in
the same complaint with another cause of action subject to the ordinary procedure; nor
to a criminal case where the offense charged is necessarily related to another criminal
case subject to ordinary procedure.”
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REVISED RULES ON SUMMARY PROCEDURE

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.

Pursuant to Section 36 of the Judiciary Reorganization Act of 1980 (B.P Blg.

129) and to achieve an expeditious and inexpensive determination of the cases
referred to herein, the Court Resolved to promulgate the following Revised Rule on
Summary Procedure:

I.
Applicability
Section 1. Scope. — This rule shall govern the summary procedure in the Metropolitan
Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the
Municipal Circuit Trial Courts in the following cases falling within their jurisdiction:

A. Civil Cases:

(1) 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).

(2) 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.

B. Criminal Cases:

(1) Violations of traffic laws, rules and regulations

(2) Violations of the rental law;

(3) Violations of municipal or city ordinances

(4) All other criminal cases where the penalty prescribed by law for the offense
charged is imprisonment not exceeding six months, or a fine not exceeding
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(P1,000.00), or both, irrespective of other imposable penalties, accessory or

otherwise, or of the civil liability arising therefrom: Provided, however, 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).

This Rule shall not apply to a civil case where the plaintiffs cause of action is
pleaded in the same complaint with another cause of action subject to the ordinary
procedure; nor to a criminal case where the offense charged is necessarily related
to another criminal case subject to the ordinary procedure.

Sec. 2. Determination of applicability. — Upon the filing of a civil or criminal action,

the court shall issue an order declaring whether or not the case shall be governed by
this Rule A patently erroneous determination to avoid the application of the Rule on
Summary Procedure is a ground for disciplinary action.

II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed are the
complaints, compulsory counterclaims and cross-claims' pleaded in the answer,
and the answers thereto.

B. Verifications. — All pleadings shall be verified.

Sec. 4. Duty of court. — After the court determines that the case falls under summary
procedure, it may, from an examination of the allegations therein and such evidence as
may be attached thereto, dismiss the case outright on any of the grounds apparent
therefrom for the dismissal of a civil action. If no ground for dismissal is found it shall
forthwith issue summons which shall state that the summary procedure under this Rule
shall apply.

Sec. 5. Answer. — Within ten (10) days from service of summons, the defendant shall
file his answer to the complaint and serve a copy thereof on the plaintiff. Affirmative and
negative defenses not pleaded therein shall be deemed waived, except for lack of
jurisdiction over the subject matter. Cross-claims and compulsory counterclaims not
asserted in the answer shall be considered barred. The answer to counterclaims or
cross-claims shall be filed and served within ten (10) days from service of the answer in
which they are pleaded.

Sec. 6. Effect of failure to answer. — Should the defendant fail to answer the
complaint within the period above provided, the court, motu proprio, or on motion of the
plaintiff, shall render judgment as may be warranted by the facts alleged in the
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complaint and limited to what is prayed for therein: Provided, however, that the court
may in its discretion reduce the amount of damages and attorney's fees claimed for
being excessive or otherwise unconscionable. This is without prejudice to the
applicability of Section 4, Rule 15 of the Rules of Court, if there are two or more
defendants.

Sec. 7. Preliminary conference; appearance of parties. — Not later than thirty (30)
days after the last answer is filed, a preliminary conference shall be held. The rules on
pre-trial in ordinary cases shall be applicable to the preliminary conference unless
inconsistent with the provisions of this Rule.

The failure of the plaintiff to appear in the preliminary conference shall be a cause for
the dismissal of his complaint. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on his counterclaim in accordance with Section 6
hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in
accordance with Section 6 hereof. This Rule shall not apply where one of two or more
defendants sued under a common cause of action who had pleaded a common defense
shall appear at the preliminary conference.

Sec. 8. Record of preliminary conference. — Within five (5) days after the
termination of the preliminary conference, the court shall issue an order stating the
matters taken up therein, including but not limited to:c

(a) Whether the parties have arrived at an amicable settlement, and if so, the
terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations and admissions
made by the parties, judgment may be rendered without the need of further
proceedings, in which event the judgment shall be rendered within thirty (30) days
from issuance of the order;
(d) A clear specification of material facts which remain controverted; and
(e) Such other matters intended to expedite the disposition of the case.

Sec. 9. Submission of affidavits and position papers. — Within ten (10) days from
receipt of the order mentioned in the next preceding section, the parties shall submit the
affidavits of their witnesses and other evidence on the factual issues defined in the
order, together with their position papers setting forth the law and the facts relied upon
by them.

Sec. 10. Rendition of judgment. — Within thirty (30) days after receipt of the last
affidavits and position papers, or the expiration of the period for filing the same, the
court shall render judgment.
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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 affidavits or other evidence on the said matters within ten (10) days
from receipt of said order. Judgment shall be rendered within fifteen (15) days after the
receipt of the last clarificatory 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.
III.
Criminal Cases

Sec. 11. How commenced. — The filing of criminal cases falling within the scope of
this Rule shall be either by complaint or by information: Provided, however, that in
Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by
information, except when the offense cannot be prosecuted de oficio.

The complaint or information shall be accompanied by the affidavits of the compliant

and of his witnesses in such number of copies as there are accused plus two (2) copies
for the court's files. If this requirement is not complied with within five (5) days from date
of filing, the care may be dismissed.

Sec. 12. Duty of court. —

(a) If commenced by compliant. — On the basis of the compliant and the affidavits
and other evidence accompanying the same, the court may dismiss the case
outright for being patently without basis or merit and order the release of the
amused if in custody.
(b) If commenced by information. — When the case is commenced by
information, or is not dismissed pursuant to the next preceding paragraph, the
court shall issue an order which, together with copies of the affidavits and 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, serving copies thereof on the complainant or prosecutor not later than ten
(10) days from receipt of said order. The prosecution may file reply affidavits within
ten (10) days after receipt of the counter-affidavits of the defense.

Sec. 13. Arraignment and trial. — Should the court, upon a consideration of the
complaint or information and the affidavits submitted by both parties, find no cause or
ground to hold the accused for trial, it shall order the dismissal of the case; otherwise,
the court shall set the case for arraignment and trial.
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If the accused is in custody for the crime charged, he shall be immediately arraigned
and if he enters a plea of guilty, he shall forthwith be sentenced.

Sec. 14. Preliminary conference. — Before conducting the trial, the court shall call
the parties to a preliminary conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser
offense may be considered, or such other matters may be taken up to clarify the issues
and to ensure a speedy disposition of the case. However, no admission by the accused
shall be used against him unless reduced to writing and signed by the accused and his
counsel. A refusal or failure to stipulate shall not prejudice the accused.

Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the parties shall
constitute the direct testimonies of the witnesses who executed the same. Witnesses
who testified may be subjected to cross-examination, redirect or re-cross examination.
Should the affiant fail to testify, his 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 in rebuttal or surrebuttal, no witness shall be allowed to testify unless his

affidavit was previously submitted to the court in accordance with Section 12 hereof.

However, should a party desire to present additional affidavits or counter-affidavits as

part of his direct evidence, he shall so manifest during the preliminary conference,
stating the purpose thereof. If allowed by the court, the additional affidavits of the
prosecution or the counter-affidavits of the defense shall be submitted to the court and
served on the adverse party not later than three (3) days after the termination of the
preliminary conference. If the additional affidavits are presented by the prosecution, the
accused may file his counter-affidavits and serve the same on the prosecution within
three (3) days from such service.

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.

Sec. 17. Judgment. — Where a trial has been conducted, the court shall promulgate
the judgment not later than thirty (30) days after the termination of trial.

IV.
COMMON PROVISIONS

Sec. 18. 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
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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.chanrobl

Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or
petitions shall not be allowed in the cases covered by this Rule:

(a) 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;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order
issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.

Sec. 20. Affidavits. — The affidavits required to be submitted under this Rule shall
state only facts of direct personal knowledge of the affiants which are admissible in
evidence, and shall show their competence to testify to the matters stated therein.

A violation of this requirement may subject the party or the counsel who submits the
same to disciplinary action, and shall be cause to expunge the inadmissible affidavit or
portion thereof from the record.

Sec. 21. Appeal. — The judgment or final order shall be appealable to the appropriate
regional trial court which shall decide the same in accordance with Section 22 of Batas
Pambansa Blg. 129. The decision of the regional trial court in civil cases governed by
this Rule, including forcible entry and unlawful detainer, shall be immediately executory,
without prejudice to a further appeal that may be taken therefrom. Section 10 of Rule
70 shall be deemed repealed.

Sec. 22. Applicability of the regular rules. — The regular procedure prescribed in
the Rules of Court shall apply to the special cases herein provided for in a suppletory
capacity insofar as they are not inconsistent herewith.

Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on
November 15, 1991.
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[A.M. No. 12-8-8-SC, 4 September 2012]

JUDICIAL AFFIDAVIT RULE

Whereas, case congestion and delays plague most courts in cities, given the huge
volume of cases filed each year and the slow and cumbersome adversarial system that
the judiciary has in place;

Whereas, about 40% of criminal cases are dismissed annually owing to the fact that
complainants simply give up coming to court after repeated postponements;

Whereas, few foreign businessmen make long-term investments in the Philippines

because its courts are unable to provide ample and speedy protection to their
investments, keeping its people poor;

Whereas, in order to reduce the time needed for completing the testimonies of witnesses
in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting
by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct
testimonies of witnesses;

Whereas, it is reported that such piloting has quickly resulted in reducing by about two-
thirds the time used for presenting the testimonies of witnesses, thus speeding up the
hearing and adjudication of cases;

Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed
by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision
of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have
recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the
success of the Quezon City experience in the use of judicial affidavits; and

Whereas, the Supreme Court En Banc finds merit in the recommendation;

NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the
following:

Section 1. Scope. –

(a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception
of evidence before:

(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal
Trial Courts, the Municipal Circuit Trial Courts, and the Shari’a Circuit Courts but
shall not apply to small claims cases under A.M. 08-8-7-SC;

(2) The Regional Trial Courts and the Shari’a District Courts;
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(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the
Shari’a Appellate Courts;

(4) The investigating officers and bodies authorized by the Supreme Court to receive
evidence, including the Integrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are
subject to disapproval of the Supreme Court, insofar as their existing rules of
procedure contravene the provisions of this Rule.[1]

(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating
officers shall be uniformly referred to here as the “court.”

Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies.

– (a) The parties shall file with the court and serve on the adverse party, personally or by
licensed courier service, not later than five days before pre-trial or preliminary conference
or the scheduled hearing with respect to motions and incidents, the following:

(1) The judicial affidavits of their witnesses, which shall take the place of such
witnesses’ direct testimonies; and

(2) The parties’ documentary or object evidence, if any, which shall be attached to
the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the
complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the
respondent or the defendant.

(b) Should a party or a witness desire to keep the original document or object evidence
in his possession, he may, after the same has been identified, marked as exhibit, and
authenticated, warrant in his judicial affidavit that the copy or reproduction attached to
such affidavit is a faithful copy or reproduction of that original. In addition, the party or
witness shall bring the original document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or pictures, failing which the
latter shall not be admitted.

Sec. 3. Contents of Judicial Affidavit. – A judicial affidavit shall be prepared in the

language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino, and shall contain the following:

(a) The name, age, residence or business address, and occupation of the witness;

(b) The name and address of the lawyer who conducts or supervises the examination of
the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious
that he does so under oath, and that he may face criminal liability for false testimony or
perjury;
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(d) Questions asked of the witness and his corresponding answers, consecutively
numbered, that:

(1) Show the circumstances under which the witness acquired the facts upon which
he testifies;

(2) Elicit from him those facts which are relevant to the issues that the case presents;
and

(3) Identify the attached documentary and object evidence and establish their
authenticity in accordance with the Rules of Court;

(e) The signature of the witness over his printed name; and

(f) A jurat with the signature of the notary public who administers the oath or an officer
who is authorized by law to administer the same.

Sec. 4. Sworn attestation of the lawyer. –

(a) The judicial affidavit shall contain a sworn attestation at the end, executed by the
lawyer who conducted or supervised the examination of the witness, to the effect that:

(1) He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and

(2) Neither he nor any other person then present or assisting him coached the
witness regarding the latter’s answers.

(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including
disbarment.

Sec. 5. Subpoena. – If the government employee or official, or the requested witness,

who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines
to execute a judicial affidavit or refuses without just cause to make the relevant books,
documents, or other things under his control available for copying, authentication, and
eventual production in court, the requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The
rules governing the issuance of a subpoena to the witness in this case shall be the same
as when taking his deposition except that the taking of a judicial affidavit shall be
understood to be ex parte.

Sec. 6. Offer of and objections to testimony in judicial affidavit. — The party

presenting the judicial affidavit of his witness in place of direct testimony shall state the
purpose of such testimony at the start of the presentation of the witness. The adverse
party may move to disqualify the witness or to strike out his affidavit or any of the answers
found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if
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granted, shall cause the marking of any excluded answer by placing it in brackets under
the initials of an authorized court personnel, without prejudice to a tender of excluded
evidence under Section 40 of Rule 132 of the Rules of Court.

Sec. 7. Examination of the witness on his judicial affidavit. – The adverse party shall
have the right to cross-examine the witness on his judicial affidavit and on the exhibits
attached to the same. The party who presents the witness may also examine him as on
re-direct. In every case, the court shall take active part in examining the witness to
determine his credibility as well as the truth of his testimony and to elicit the answers that
it needs for resolving the issues.

Sec. 8. Oral offer of and objections to exhibits. –

(a) Upon the termination of the testimony of his last witness, a party shall immediately
make an oral offer of evidence of his documentary or object exhibits, piece by piece, in
their chronological order, stating the purpose or purposes for which he offers the particular
exhibit.

(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for
his objection, if any, to its admission, and the court shall immediately make its ruling
respecting that exhibit.

(c) Since the documentary or object exhibits form part of the judicial affidavits that
describe and authenticate them, it is sufficient that such exhibits are simply cited by their
markings during the offers, the objections, and the rulings, dispensing with the description
of each exhibit.

Sec. 9. Application of rule to criminal actions. –

(a) This rule shall apply to all criminal actions:

(1) Where the maximum of the imposable penalty does not exceed six years;

(2) Where the accused agrees to the use of judicial affidavits, irrespective of the
penalty involved; or

(3) With respect to the civil aspect of the actions, whatever the penalties involved
are.

(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five
days before the pre-trial, serving copies of the same upon the accused. The complainant
or public prosecutor shall attach to the affidavits such documentary or object evidence as
he may have, marking them as Exhibits A, B, C and so on. No further judicial affidavit,
documentary, or object evidence shall be admitted at the trial.
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(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits
of the prosecution, he shall have the option to submit his judicial affidavit as well as those
of his witnesses to the court within ten days from receipt of such affidavits and serve a
copy of each on the public and private prosecutor, including his documentary and object
evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as
direct testimonies of the accused and his witnesses when they appear before the court to
testify.

Sec. 10. Effect of non-compliance with the Judicial Affidavit Rule. –

(a) A party who fails to submit the required judicial affidavits and exhibits on time shall be
deemed to have waived their submission. The court may, however, allow only once the
late submission of the same provided, the delay is for a valid reason, would not unduly
prejudice the opposing party, and the defaulting party pays a fine of not less than
P1,000.00 nor more than P5,000.00, at the discretion of the court.

(b) The court shall not consider the affidavit of any witness who fails to appear at the
scheduled hearing of the case as required. Counsel who fails to appear without valid
cause despite notice shall be deemed to have waived his client’s right to confront by
cross-examination the witnesses there present.

(c) The court shall not admit as evidence judicial affidavits that do not conform to the
content requirements of Section 3 and the attestation requirement of Section 4 above.
The court may, however, allow only once the subsequent submission of the compliant
replacement affidavits before the hearing or trial provided the delay is for a valid reason
and would not unduly prejudice the opposing party and provided further, that public or
private counsel responsible for their preparation and submission pays a fine of not less
than Pl,000.00 nor more than P5,000.00, at the discretion of the court.

Sec. 11. Repeal or modification of inconsistent rules. – The provisions of the Rules
of Court and the rules of procedure governing investigating officers and bodies authorized
by the Supreme Court to receive evidence are repealed or modified insofar as these are
inconsistent with the provisions of this Rule.

The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby
disapproved.

Sec. 12. Effectivity. — This rule shall take effect on January 1, 2013 following its
publication in two newspapers of general circulation not later than September 15, 2012.
It shall also apply to existing cases.