Hustisyeah Case Decongestion Manual 040314

This Manual is made possible by the support of the
American People through the United States Agency for

International Development (USAID.) The contents of this Manual
are the sole responsibility of the authors and do not necessarily
reflect the views of USAID or the United States Government.
MANUAL OF PROCEDURE
FOR CASE DECONGESTION
Version 2.0
April 1, 2014
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TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................................................... 9
Methodology ......................................................................................................................................................10
Case Inventory ....................................................................................................................................................10
Inventory Team ..................................................................................................................................................11
Manner of Review ..............................................................................................................................................13
Reviewing Cases According To Typology. ...........................................................................................................14
Classify By Case Type ..........................................................................................................................................14
Looking Into Older Cases First ............................................................................................................................15
Care in the Handling of Court Records ...............................................................................................................15
Information to be Gathered ...............................................................................................................................16
Preliminary Information .................................................................................................................................................. 16
Incidents.......................................................................................................................................................................... 16
Recommended Next Action ............................................................................................................................................ 16
Types of Case Inventory Forms ...........................................................................................................................16
Case Flow Management, Clearance Rate and Disposition Rate ...................................................................................... 16
Delay ............................................................................................................................................................................... 18
Ageing ........................................................................................................................................................................ 19
Postponements .......................................................................................................................................................... 20
Case Intervals – Compliance with Speedy Trial .......................................................................................................... 21
Typology of Cases............................................................................................................................................................ 21
Priority Cases .................................................................................................................................................................. 22
Other Matters to be Analysed by Inventory Team .............................................................................................23
Trial Management ........................................................................................................................................................... 23
Calendar Management ................................................................................................................................................... 23
Record Management ...................................................................................................................................................... 23
Personnel Management .................................................................................................................................................. 24
Preparation of the Inventory Report and Draft Case Decongestion Plan by the Inventory Team ......................24
Inventory Report ............................................................................................................................................................. 24
Draft Case Decongestion Plan ......................................................................................................................................... 24
Implementation and Monitoring of Case Decongestion Plan ......................................................................................... 26
Procedural Incidents Warranting Case Dismissal ...............................................................................................28
PRELIMINARY INFORMATION .............................................................................................................................. 31
DATA SET SOUGHT:......................................................................................................................................................31
WHERE FOUND: ..........................................................................................................................................................31
SAMPLE: CAPTION OF THE PLEADING ............................................................................................................31
RELEVANT PROVISION OF THE RULES OF COURT / SUPREME COURT DECISIONS: .......................................................................32
JURISDICTION ...................................................................................................................................................... 33
DATA SET SOUGHT:......................................................................................................................................................33
Definition of Jurisdiction .....................................................................................................................................34
Jurisdiction over the parties ............................................................................................................................................ 35
Jurisdiction over the territory where offense was committed ....................................................................................... 35
Venue .............................................................................................................................................................................. 35
Types of Jurisdiction ........................................................................................................................................................ 35
Summons ............................................................................................................................................................36
Contents of the Summons: ............................................................................................................................................. 36
Voluntary Appearance .................................................................................................................................................... 37
Arrest and Bail ....................................................................................................................................................38
Arrest .............................................................................................................................................................................. 38
Arrests are carried out with a warrant ............................................................................................................................ 39
Bail .................................................................................................................................................................................. 39
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Bail is not required when ................................................................................................................................................ 39
WHERE FOUND............................................................................................................................................................40
RELEVANT PROVISION OF THE RULES OF COURT / SUPREME COURT DECISIONS / SUPREME COURT CIRCULARS: .............................41
Regional Trial Courts (General Jurisdiction) .......................................................................................................42
1. Civil ....................................................................................................................................................................... 42
2. Criminal ................................................................................................................................................................ 43
Regional Trial Courts (Special Courts) ................................................................................................................43
Family Courts .................................................................................................................................................................. 43
Drug Courts ..................................................................................................................................................................... 44
General Rule .............................................................................................................................................................. 44
Exception ................................................................................................................................................................... 44
Exception to the Exception ........................................................................................................................................ 44
Special Commercial Courts  ........................................................................................................................................... 45
Special Agrarian Courts ................................................................................................................................................... 46
Election Cases ................................................................................................................................................................. 46
Petitions for Inclusion or Exclusion of Voters and Appeals in these Cases ................................................................ 47
Election Protests and Petitions for Quo Warranto Involving Elective Municipal Officials ......................................... 47
Involving Elective Barangay Officials.......................................................................................................................... 47
Cases Involving Killings of Political Activists and Members of the Media ....................................................................... 47
Special Environment Courts ............................................................................................................................................ 48
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts .......................................48
1. Civil ....................................................................................................................................................................... 48
2. Criminal ................................................................................................................................................................ 49
3. Summary Procedure ............................................................................................................................................. 50
Jurisdiction over the Person of Defendant / Respondent ...................................................................................50
Summons ........................................................................................................................................................................ 50
Modes of Service of Summons:....................................................................................................................................... 51
 Personal service .............................................................................................................................................. 51
 Substituted service .......................................................................................................................................... 51
 Service by publication ..................................................................................................................................... 51
 Extraterritorial service ..................................................................................................................................... 51
Service of Summons for Different Types of Defendants ................................................................................................. 52
 Entity without juridical personality ................................................................................................................. 52
 Prisoners ......................................................................................................................................................... 52
 Minors and incompetents ............................................................................................................................... 52
 Domestic private juridical entity ..................................................................................................................... 52
 Foreign Private Juridical Entity ........................................................................................................................ 52
 Public corporations ......................................................................................................................................... 53
 Residents temporarily out of the Philippines .................................................................................................. 53
Arrest .............................................................................................................................................................................. 53
RULE 113 ARREST....................................................................................................................................................... 54
RULE 114 BAIL ............................................................................................................................................................ 56
COMPLETENESS OF INITIATORY PLEADING / PERFECTION OF APPEAL ................................................................. 61

DATA SET SOUGHT:......................................................................................................................................................61
CIVIL CASES ..................................................................................................................................................................... 61
General Requirements in the Filing of a Complaint: .................................................................................................. 61
Signature and address ............................................................................................................................................... 61
Verification ................................................................................................................................................................ 61
Certification against forum shopping ........................................................................................................................ 62
Failure to comply ....................................................................................................................................................... 62
Submission of a false certification or non-compliance .............................................................................................. 62
CRIMINAL CASES ............................................................................................................................................................. 62
Institution of criminal action ..................................................................................................................................... 62
Formal and Substantive Requirements for an Information ....................................................................................... 63
Requirements for Appeal from MTC/METC/MCTC/MTCC to RTC ................................................................................... 64
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Requirements for Appeal in Civil Cases ..................................................................................................................... 64
Notice of Appeal ........................................................................................................................................................ 64
Form of Notice of Appeal ........................................................................................................................................... 64
Perfection of Appeal .................................................................................................................................................. 64
Requirements for Appeal in Criminal Cases ............................................................................................................... 64
Notice of Appeal ........................................................................................................................................................ 64
Double Jeopardy ........................................................................................................................................................ 65
For Special Proceedings and Multiple Appeals ............................................................................................................... 65
Record on Appeal ...................................................................................................................................................... 65
Content of record on appeal:..................................................................................................................................... 66
Certification on non-forum shopping.............................................................................................................................. 67
Forum shopping ......................................................................................................................................................... 67
Certification against forum shopping ........................................................................................................................ 67
Rationale against forum shopping – .......................................................................................................................... 68
Pleadings requiring Certification................................................................................................................................ 68
Effect of Non Compliance with Rule on Certification against Forum Shopping ......................................................... 68
Verification...................................................................................................................................................................... 69
Effect of lack verification ........................................................................................................................................... 69
Pleadings that should be verified under the Rules .................................................................................................... 69
Referral of the Case with the Barangay .......................................................................................................................... 70
General Rule .............................................................................................................................................................. 70
Types of Cases Referred: ........................................................................................................................................... 70
Exceptions .................................................................................................................................................................. 70
Effect of Non Referral ................................................................................................................................................ 71
Payment of Docket Fees / Manchester Rule ................................................................................................................... 71
Old rule ...................................................................................................................................................................... 71
Modification of Manchester rule: .............................................................................................................................. 71
WHERE FOUND: ..........................................................................................................................................................71
RELEVANT PROVISION OF THE RULES OF COURT / SUPREME COURT DECISIONS / SUPREME COURT CIRCULARS: .............................72
PRESCRIPTION ..................................................................................................................................................... 73
DATA SET SOUGHT.......................................................................................................................................................73
Prescription of Civil Action..................................................................................................................................73
Prescription of Criminal Offense .........................................................................................................................73
Effect of Prescription of Action/ Prescription of Offense ....................................................................................74
Civil cases ........................................................................................................................................................................ 74
Criminal Cases ................................................................................................................................................................. 74
WHERE FOUND ...........................................................................................................................................................75
RELEVANT PROVISIONS OF THE RULES OF COURT / SUPREME COURT DECISIONS / SUPREME COURT CIRCULARS ............................75
Prescription of Civil Actions ................................................................................................................................75
Relating to Ownership of Property and Other Real Rights .............................................................................................. 75
In Relation to Contracts and Other Right of Action......................................................................................................... 75
Prescription of Crimes ........................................................................................................................................76
Prescription of Penalties .....................................................................................................................................78
Process ............................................................................................................................................................................ 78
Computation ................................................................................................................................................................... 78
SERVICE OF SENTENCE IN DETENTION .................................................................................................................. 79

DATA SET SOUGHT.......................................................................................................................................................79
WHERE FOUND ...........................................................................................................................................................79
TABLE OF PENALTIES ............................................................................................................................................ 81
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Penalties .............................................................................................................................................................81
Divisible Penalties and Periods ...........................................................................................................................82
Repeal of Death Penalty, Effect on Penalties .....................................................................................................83
RIGHT TO SPEEDY TRIAL ....................................................................................................................................... 84
DATA SET SOUGHT.......................................................................................................................................................84
Definition of Speedy Trial ...................................................................................................................................84
Effect of a finding that the right to speedy trial has been violated ....................................................................85
Manner of Counting ...........................................................................................................................................85
Exclusions ........................................................................................................................................................................ 88
Balancing Test ................................................................................................................................................................. 90
Factors for Granting Continuance ......................................................................................................................90
Rules on Provisional Dismissal............................................................................................................................91
Elements ......................................................................................................................................................................... 91
Rationale for the Rule ..................................................................................................................................................... 91
How Consent is Given ..................................................................................................................................................... 91
Lapse into a Permanent Dismissal .................................................................................................................................. 91
Effect of a Provisional Dismissal ...................................................................................................................................... 92
Revival of a Case ............................................................................................................................................................. 92
WHERE FOUND ...........................................................................................................................................................92
MANDATORY MEDIATION ................................................................................................................................... 97
DATA SET SOUGHT.......................................................................................................................................................97
General Rule: ......................................................................................................................................................97
Mediation Process ..............................................................................................................................................97
Exception ............................................................................................................................................................98
WHERE FOUND ...........................................................................................................................................................98
PLEA BARGAINING ............................................................................................................................................... 99
DATA SET SOUGHT.......................................................................................................................................................99
WHERE FOUND ...........................................................................................................................................................99
RELEVANT PROVISIONS OF THE RULES OF COURT / SUPREME COURT DECISIONS / SUPREME COURT CIRCULARS ..........................100
PRE TRIAL .......................................................................................................................................................... 101
DATA SET SOUGHT.....................................................................................................................................................101
Civil Cases .........................................................................................................................................................101
The effect of non-appearance of a party in the pre-trial conference ........................................................................... 102
Criminal Cases ..................................................................................................................................................102
WHERE FOUND .........................................................................................................................................................102
MODES OF DISCOVERY ...................................................................................................................................... 104
DATA SET SOUGHT.....................................................................................................................................................104
Concept ............................................................................................................................................................104
Purpose ............................................................................................................................................................104
Effect of Refusal to Comply with Modes of Discovery ......................................................................................105
WHERE FOUND .........................................................................................................................................................105
ARCHIVING OF CASES......................................................................................................................................... 106
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DATA SET SOUGHT.....................................................................................................................................................106
Civil cases .........................................................................................................................................................107
Criminal Cases ..................................................................................................................................................107
General Provisions ............................................................................................................................................108
WHERE FOUND .........................................................................................................................................................108
FAILURE TO PROSECUTE .................................................................................................................................... 109
DATA SET SOUGHT.....................................................................................................................................................109
Civil Cases .........................................................................................................................................................110
Criminal Cases ..................................................................................................................................................110
Grounds ............................................................................................................................................................110
WHERE FOUND .........................................................................................................................................................110
COMPLIANCE WITH SPECIAL REQUIREMENTS .................................................................................................... 111
DATA SET SOUGHT.....................................................................................................................................................111
ANNULMENT AND LEGAL SEPARATION ...........................................................................................................................111
Legal Separation ..............................................................................................................................................111
Annulment ........................................................................................................................................................113
WHERE FOUND .........................................................................................................................................................114
RELEVANT PROVISIONS OF THE RULES OF COURT/SUPREME COURT DECISIONS/SUPREME COURT CIRCULARS .............................114
RA 9262 ANTI VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT (ANTI VAWC LAW) ...................................................115
Punishable Acts ................................................................................................................................................115
Prescriptive Period............................................................................................................................................116
Who may File....................................................................................................................................................116
Where to File ....................................................................................................................................................116
Effect of failure to appear at Preliminary Conference ......................................................................................116
No Referral to Mediator / Prohibited Compromise. .........................................................................................117
BPO TPO PPO....................................................................................................................................................117
Priority over all other cases. .............................................................................................................................118
WHERE FOUND .........................................................................................................................................................118
CHILDREN IN CONFLICT WITH THE LAW...........................................................................................................................120
Applicability ......................................................................................................................................................120
Exemption from Criminal Liability ....................................................................................................................120
Procedure for Children Not Exempt ..................................................................................................................120
Filing of Information .........................................................................................................................................120
Proceedings before Arraignment .....................................................................................................................121
Arraignment and Plea ......................................................................................................................................121
Court Orders .....................................................................................................................................................121
Automatic Suspension of Sentence and Disposition Orders .............................................................................121
Discharge of Child Subject of Disposition Measure ..........................................................................................121
Crediting Preventive Imprisonment in Service of Sentence ..............................................................................122
WHERE FOUND .........................................................................................................................................................122
RELEVANT PROVISIONS OF THE RULES OF COURT/SUPREME COURT DECISIONS/SUPREME COURT CIRCULARS .............................122
DANGEROUS DRUGS ACT ............................................................................................................................................124
Jurisdiction: ......................................................................................................................................................124
General Rule: ....................................................................................................................................................124
Exception: .........................................................................................................................................................124
Exception to the Exception: ..............................................................................................................................124
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Voluntary Submission of Drug Dependent to Rehabilitation............................................................................124
Exemption from the Criminal Liability Under the Voluntary Submission Program ..........................................124
Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary Submission
Program ...........................................................................................................................................................125
Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and Rehabilitation ....125
Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory Submission Program
.........................................................................................................................................................................126
Suspension of Sentence of a First-Time Minor Offender ..................................................................................126
Discharge after Compliance with Conditions of Suspended Sentence of a First-Time Minor Offender ............126
Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment ............................126
Reclassification of Drugs ..................................................................................................................................126
RULES IN ELECTION CASES ...........................................................................................................................................128
Grounds for dismissal for election protest or petition for quo warranto .........................................................128
Summary and motu proprio dismissal of election protest, counter protest or petition for quo warranto .......128
Other grounds to dismiss: ................................................................................................................................128
When can a court dismiss an election case ......................................................................................................128
BATAS PAMBANSA BLG. 22. ........................................................................................................................................129
Punishable Acts ................................................................................................................................................129
Civil Action ........................................................................................................................................................129
Procedure .........................................................................................................................................................129
Elements of the offense ....................................................................................................................................130
Prescription ......................................................................................................................................................130
SUM OF MONEY ........................................................................................................................................................131
Small Claims Cases ...........................................................................................................................................131
Applicability of “The Rule of Procedure for Small Claims Cases”. ................................................................................. 131
Scope............................................................................................................................................................................. 131
Kinds of claims or Demands .......................................................................................................................................... 131
Commencement of Small Claims Action ....................................................................................................................... 131
Dismissal of the Claim ................................................................................................................................................... 132
RECKLESS IMPRUDENCE ...............................................................................................................................................133
Reckless Imprudence and Negligence ..............................................................................................................133
Types of Felonies ..............................................................................................................................................133
SPECIAL PROCEEDINGS CASES ............................................................................................................................ 135
DEFINITION...............................................................................................................................................................135
SUBJECT MATTER OF SPECIAL PROCEEDINGS ...................................................................................................................135
ADOPTION ................................................................................................................................................................135
Requirements for Adoption ..............................................................................................................................135
Domestic ..........................................................................................................................................................135
Alien .................................................................................................................................................................136
Guardian ..........................................................................................................................................................136
Husband and Wife ............................................................................................................................................136
Contents of the Petition: ..................................................................................................................................137
Hearing:............................................................................................................................................................137
Inter-Country ....................................................................................................................................................138
Contents of the Petition: ..................................................................................................................................138
HABEAS CORPUS........................................................................................................................................................140
Application .......................................................................................................................................................140
When writ not allowed .....................................................................................................................................140
GUARDIANSHIP..........................................................................................................................................................141
Applicability of the Rule ...................................................................................................................................141
Who may petition.............................................................................................................................................141
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Where to file petition. ......................................................................................................................................141
Grounds of petition ..........................................................................................................................................141
Contents of petition..........................................................................................................................................141
Bond of Guardian .............................................................................................................................................142
Duties of Guardian ...........................................................................................................................................143
Grounds for Removal/ Resignation of Guardian ..............................................................................................143
Grounds for Termination of Guardianship .......................................................................................................144
PREPARATION OF CASE BRIEFS .......................................................................................................................... 145
AGEING OF DISPOSED CASES IN THE PAST FIVE YEARS (10 % SAMPLE ONLY PER COURT) .................................. 150
CASE TYPOLOGY TEMPLATES ............................................................................................................................. 152
MONITORING SHEET - DATA ON DISPOSITION ................................................................................................... 156
MONITORING SHEET - DATA ON CASEFLOW ...................................................................................................... 158
POSTPONEMENTS .............................................................................................................................................. 160
SAMPLE INVENTORY FORMS.............................................................................................................................. 162
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INTRODUCTION
“Uncertainty, delay and expense, and above all the injustice of deciding cases upon
points of practice, which are the mere etiquette of justice, direct results of the
organization of our courts and the backwardness of our procedure, have created a deep-
seated desire to keep out of court, right or wrong, on the part of every sensible business
man in the community.”
~ Roscoe Pound1
More than a hundred years ago, Dean Roscoe Pound penned this treatise on what he believed
to be the prominent causes of peoples’ dissatisfaction of the American legal system. He points
from the onset that there is a “real and serious dissatisfaction with courts and lack of respect
for law which exists…” Delay in the disposition of cases emanating from the manner by which
the legal system is managed together with the unpredictability of court decision-making
contributes to this dissatisfaction and distrust.
Dean Roscoe Pound also notes an important link between litigation delay and the country’s
economy. The general dissatisfaction and distrust created by the inadequacies of the legal
system, which includes among others litigation delay, is a fertile ground to engender the
thinking among the business community of avoiding rather than engaging the legal system.
A hundred years hence, this is echoed by present-day realities in almost every legal system,
including that of the Philippines. Inefficient court systems illustrated by possible extended court
litigation act as a disincentive for large investments to stream in. More importantly, the nexus
between an effective judiciary and genuine development is recognized. It has been cited that
inconsistencies in the decision making, along with courts saddled with large case backlogs,
contribute to the erosion of “individual and property rights, stifling private sector growth, and,
in some cases, even violating human rights.2”
The need to address litigation delay has been raised in many countries, and in attempting to
address litigation delay previous studies have looked into the link between litigation delay and
the congestion of courts. Court efficiency in the disposition of cases is affected by the case load
per judge ratio. There are a finite number of cases that can be scheduled to be heard by the
court in a day, and disposed of by a single judge per day. The spike in the number of cases
flowing in can be balanced out by the number of cases disposed of.
However, in situations where the number of cases handled by a court has already reached a
number which far exceeds the normal case load capacity of the court, a business-as-usual
1
Roscoe Pound, “The Causes of Popular Dissatisfaction with the Administration of Justice “Presented at the annual
convention of the American Bar Association, 1906, (Reprinted from 29 A.B.A. Rep., pt. I, 395-417, 1906), accessed
at <http://law.unl.edu/splash/Roscoe_Pound-Causes_of_Popular.pdf> on May 5, 2013.
2
Maria Dakolias, “Court Performance Around the World – A Comparative Perspective”, WTP430, July 1999.
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attitude may not be beneficial and would in fact encourage such problem to fester. The
congestion of the court dockets in itself perpetuates the further clogging of the dockets.
Judges are overburdened with clogged dockets that impact on their ability to dispose of cases in
a timely manner and which results in the delay in the delivery of fair and reasonably swift
justice. There is thus an urgent need to decongest the dockets to help judges maintain a
reasonable caseload and allow them sufficient time to deal with cases in a satisfactory and
timely fashion.
Methodology
Case Inventory
Case Inventory
The lessons gleaned from the previous
projects of the Supreme Court inform the
current case decongestion project. The focus
Inventory Report
of the current project is identifying cases that
may be removed from the court dockets.
There are several areas that the Inventory
Team will look at in their review of the cases Case Decongestion
in the participating courts: Plan (approved by the
judge)
1. cases which may be dismissed by the
court motu proprio;
2. cases which may be archived; Implementation
3. cases which may be referred for
mediation and which have a
possibility of resolution ; Final report on the
4. cases with pending incidents or results of the
motions, which if resolved may result implementation
in the removal of the case from the
docket
5. cases ripe for decision
6. other cases that the court may dispose of
The area of concern is mainly on the procedural requirements. No assessment of the merits of
the evidence and/or of either party shall be made, as the resolution of substantive issues raised
remains to be left to the judge.
Inventory Report and Case Decongestion Plan
The Judicial Supervisor and the Supervising Lawyer shall prepare an Inventory Report. The
Inventory Report shall be presented to the Judge for review. Based on the Inventory Report and
the comments from the Judge, a Case Decongestion Plan shall be prepared.
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Implementation of the Case Decongestion Plan
The participating court will implement the case decongestion plan with the assistance of the
legal researchers.
Report
Each participating court shall submit a report of the results of the case decongestion activity to
the Oversight and Monitoring Group, the Office of the Court Administrator, and the Committee
to Address Congestion and Delay in Lower Courts.
Inventory Team
The entire project shall be under the direct control and supervision of the Office of the Court
Administrator and each Inventory Team shall be headed or supervised by a Judicial Supervisor.
This Manual focuses on assisting the inventory team who are tasked to conduct the physical
inventory of the case files, the drafting of the case decongestion plan and to assist in the
implementation of the case decongestion plan.
The Project Inventory Team shall accomplish an Inventory Forms that would allow for a quick
scan of pertinent information of incidents or events directly from the case files. The
information indicated in the Inventory Format shall be the basis for the preparation of the
Inventory Report, Case Decongestion Plan and the Final Recommendations of the Project. At
the end of the inventory activity, the following would be identified/ determined:
 An Inventory Report which shall contain

o The actual number of pending cases as of the end of the month prior to the start
of the inventory activity
o The Priority Cases for action of the court
o The Other Areas of Concern for action of the Court which include
 Trial Management
 Calendar Management
 Records Management
 Personnel Management
 A Case Decongestion Plan designed specifically for the court, for consideration and
approval of the Judge.
A Judicial Supervisor who shall also be the Chairperson of the Inventory team shall lead each
inventory team. The Judicial Supervisor shall coordinate with the Judge and the Clerk of Court
for the conduct of the case inventory. The Judicial Supervisor shall also prepare the draft
Inventory Report which will be presented to the judge for approval and which will be the basis
for the preparation of the Case Decongestion Plan.
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A supervising lawyer from The Asia Foundation shall act as Vice Chairperson of the team.
There shall also be an OCA Statistician and other OCA staff who will be part of the team. Legal
researchers and lawyers recruited and trained by The Asia Foundation project team will also
form part of the inventory team.
Judicial
Judge Supervisor
(Chairperson)
OCA Staff OCA Lawyer OCA

(Vice Chair) Statistician
Legal Legal Legal Legal

Researcher Researcher Researcher Researcher
The Legal Researchers play an important role in the Project. The Legal Researchers, together
with the rest of the Inventory Team, will physically review the original case files located in the
participating courts; identify whether requisite pleadings and information are complete and
have been complied with; fill out the data sets of the Inventory Format and submit an initial
assessment of whether there is basis for the dismissal or archival of the case on procedural
grounds. The Legal Researchers shall also submit a summary of the typology of cases handled
of the court to which the Legal Researcher was assigned. The Inventory Forms and initial
assessment shall be for submission to the Project Team and to the concerned Courts.
In order to accomplish the Inventory Form, the legal researchers need to have basic knowledge
of civil procedure, criminal procedure and special proceedings.
The Judicial Supervisor shall take on the primary role of providing guidance to the Inventory
Team, including the legal researchers in completing the inventory forms and the case briefs.
They shall be on hand to answer questions of Inventory Team on the provisions of the Rules of
Court as these are applied to the case being inventoried.
The Judicial Supervisor shall ensure that a mechanism of releasing and returning of case files
with minimal disruption in normal court processes is discussed and agreed upon with the judge.
All courts have made inventories of their caseload in 2011, 2012 and 2013. Depending on the
case management system in place in a specific court, these inventories are arranged based
more on which case are in the active i.e. organized according to which has an upcoming hearing
date.
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Manner of Review
Judicial Supervisor distributes case files based on typology
Legal Researchers read and review original case files
Legal Researchers check if compliant with procedural

requirements -- Jurisdiction, Initiatory Pleading and other
incidents
Inventory Team accomplishes and submits Case Inventory Form
OCA Lawyer/Judicial Supervisor Reviews Inventory
Judicial Supervisor Prepares Inventory Report
Inventory Report is presented to the judge
Case Decongestion Plan is prepared by the Judicial Supervisor
Case Decongestion Plan submitted to the Judge
Judge prepares the Court's Case Decongestion Plan and submits to

the Office of the Chief Justice
Implementation phase of 6 months
Inventory Team monitors Decongestion Plan implementation
Legal Researchers, if requested by Judge, shall assist in legal research

for court decisions, preparation of orders, and other case handling
related work
Preparation of Final Report - Invenotry Team monitoring reports and

Judge report on the CDP
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Reviewing Cases According To Typology.
It has been observed during the pilot of this project that doing the inventory per case type
speeds up the process. As the rules are the same per case type, familiarity with the incidents
being sought sets in as more cases are reviewed.
If the case management system of the particular court being inventoried has already kept
records according to case typology, then coordination between the inventory team and the
Clerk of Court / Court Staff would be easier in terms of requesting batches of case folders for
review. However, since most courts arrange their case folders according to the upcoming
hearing date, the arrangement of cases according to typology would need to be done by the
Inventory team especially the legal researchers.
The Judicial Supervisor may also group together members of the Inventory Team according to
case typology and distribute the cases accordingly. One group of legal researchers may be
assigned to inventory all civil cases; the other group may be assigned to inventory all criminal
cases. If there are a good number of legal researchers assigned per court, a separate group
may be assigned to inventory only special proceedings cases. If not, then the special
proceedings cases may be inventoried last.
To supplement the training to be provided under this project, legal researchers may review the
appropriate rules of procedure according to how they are grouped. This review may be under
the guidance of the Judicial Supervisor. This layer of review helps to ensure accuracy in the
inventory, clarify possible questions in appreciating the information the legal researchers will
encounter in doing the inventory and helps speed up the process of inventory.
CASES FOLDERS FROM COURT
CRIMINAL CIVIL
SPECIAL
CASES CASES
PROCEDURE CASES
 Drugs RA9165  Property
 Adoption
  Damages
VAWC  Guardianship
 Children in conflict  Contracts
 Habeas Corpus
with law  Annulment / Legal
 Election cases
 Other crimes Separation
Classify By Case Type

The Inventory Team may further speed up the process by conducting their review according to
the specific type of case. If the team is assigned to a Family Court, the inventory process may
tackle all annulment cases folders first or all legal separation cases first. If the team is assigned
to a Court of General Jurisdiction, the inventory process may tackle all criminal cases on theft
first or all criminal cases on homicide first.
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Doing the inventory in this manner increases the speed by which the inventory is done. There
is also most likely a higher rate of accuracy in the information contained in the inventory.
Familiarity with the elements of the crime or cause of action increases while more cases of the
same type are inventoried.
Legal
Researcher 1 Theft
Civil Cases
Legal Homicide
Researcher 2
Judicial
Supervisor RA 9165 (Drugs)
Legal
Researcher 3 Criminal
Criminal Cases VAWC
Cases
Legal
Others
Researcher 4
Looking Into Older Cases First
Some incidents which are sought to be gathered may be observed in more of the older cases
rather than the new and active ones. The newer cases and cases which have a lot of movement
have already been reviewed by the Judge and would most likely be compliant with procedural
requirements. It is usually those which have no movement for a long time where some of the
incidents sought to be gathered are present. In Criminal Cases, for example, it is more likely
that service of sentence through detention and violations of the speedy trial rules are present
in cases which are relatively older rather than newer.
Thus, while all cases would be reviewed in a particular court, dealing with the older cases first
would yield more findings of some types of incidents at the earlier course of the review.
Care in the Handling of Court Records

The examination of court records shall be done within the court premises, in a place designated
and agreed with the Judge. No legal researcher may remove the case folders from the court
premises as these are the official records and in order to avoid loss of any of the documents or
pleadings in the case folders. The legal researchers shall sign for every case folder examined
and shall be responsible for the proper handling of the documents. After examining the
contents of case folder, the legal researchers shall ensure that all documents remain intact and
properly returned back to the court staff. The legal researchers shall also be asked to sign a
confidentiality agreement prior to their joining the inventory team.
In certain salas, the case management system established ensures that an inventory of all
documents per case is attached in the case folder. This would make the review more
systematic. However, this is not a uniform style of case management in all the courts to be
inventoried.
| 15
Information to be Gathered
The information needed in the Case Inventory Form can be categorized into three main groups.
Preliminary
Information Recommended
and Case Incidents Next Action
Typology
Preliminary Information
This pertains to the basic information that would allow us to identify the nature of the case, the
parties involved, and the period of subsistence of the case and detention of the accused if
applicable. This would also allow the classification of cases/ preparation of the case typology
summary.
Incidents
This pertains to identifying whether there has been compliance or non-compliance with the
eleven (11) procedural areas of inquiry listed down in the previous section. In examining the
presence or absence of such incidents, the Legal Researchers preparing the inventory may
document/ list down the available documents found within the records of the case/ case folder.
Recommended Next Action

Based on the preliminary information and the presence or absence of incidents being
monitored, the last section of information needed in the Case Inventory Form is the
Recommended Next Action. This may include a recommendation for the dismissal of the case
or its archival.
Types of Case Inventory Forms

There are in general six types of Case Inventory Forms – specific ones for Civil Cases and
Criminal Cases at the first level and second level courts, Special Proceedings and a specific one
for Nullity and Annulment cases. All civil cases inventoried are to be listed in the Civil Case
inventory form, all criminal cases inventoried in the Criminal Case Inventory Form and the
special proceedings cases to be placed under the Special Proceedings Inventory Form.
The Inventory Team will be asked to submit their accomplished Case Inventory Forms in digital
format. A digital copy of the Case Inventory Form in spreadsheet format will be provided.
Case Flow Management, Clearance Rate and Disposition Rate

In 2006, the Supreme Court of the Philippines already began piloting and analyzing caseflow
management of courts with the objective of addressing both court congestion and case delay.
Retired Court Administrator Zenaida N. Elepano shared that the high Court implemented a
“case-processing method called effective caseflow management (CFM) using a scheme called
| 16
Differentiated Case Management (DCM).” At that time, the CFM and DCM project already
viewed a monthly caseload of 346 cases for second level courts as “unmanageable.”
Caseflow management is an area looked into by many other courts in other jurisdictions, across
the world. The National Center for State Courts (US) defines caseflow management involves
the coordination of court processes and resources in order that cases progress in a timely
fashion from initial filing to final disposition. The National Association for Court Management
(US) elaborates that it “includes all pre-trial phases, trials, and increasingly, events that follow
disposition to ensure the integrity of court orders and timely completion of post-disposition
case activity.”
The NACM further notes that “effective caseflow management makes justice possible not only
in individual cases but also across judicial systems and courts, both trial and
appellate. Effective caseflow helps ensure that every litigant receives procedural due process
and equal protection. The quality of justice is enhanced when judicial administration is
organized around the requirements of effective caseflow and trial management.”
It is important for the Hustisyeah! Decongestion project to make observations on caseflow

management in the conduct of the inventory. There are, in general, two ratios looked into in
analyzing the caseflow of courts – the Clearance Rate, and the Disposition Rate.
The Clearance Rate of courts is determined by getting the ratio of the number of cases
disposed of within the month (case outflows) divided by the number of cases filed within the
month (case inflow). This would show if the rate of cases coming into the court outpaces the
number of cases being disposed of.
Case Outflow
Clearance Rate = ------------------- x 100
Case Inflow
The Disposition Rate is the ratio of the number of cases disposed of (case outflow), and the
total caseload of the court.
Case Outflow
Disposition Rate = --------------------------------------- x 100
Total Caseload of the Court
According to the Supreme Court’s Court Administration Management Information System

(CAMIS), both the clearance rate and disposition rate “determines whether a court is keeping
pace with its case inflows and whether a backlog in the court is brewing or increasing.”
| 17
For purposes of the Case Inventory, the following information needs to be included in the
Inventory Report and Draft Case Decongestion Plan:
1. Per Court, Baseline Period to be reckoned for 1 year prior to the start of the case
Decongestion Activity
RTC Br # Case Inflow Case Outflow Total Caseload Disposition rate Clearance
xxx as of Baseline – (Outflow/ Total Rate
before project Caseload) (Outflow/ Inflow)
2. Per Court, monthly case flow information from the start of implementation for a period
of 6 month
RTC Br # xxx Case Case Total Caseload Disposition rate Clearance

Inflow Outflow End of month (Outflow/ Total Rate
Caseload end of (Outflow/
month ) Inflow)
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
3. Congestion Metric
Inflow
Congestion Metric = Disposition - ----------- + Pending
Rate Outflow
Delay
In looking at the delay as a factor of congestion of courts, the inventory process shall take into
consideration the three areas which may be indicative of the rate of delay. First, the inventory
process shall look at the age of court cases (AGEING), both pending and a sampling of cases
already disposed. It shall also look to what extent postponements of trial hearing dates
contribute to delay (POSTPONEMENTS). And lastly, it will look at the CASE INTERVALS, or the
average time for the court to process the different parts of the case, from initial filing to final
disposition. While there may be varying reasons for the prolonged interval from one stage of
| 18
the case to the next, these periods would still be indicative of the extent of delay which needs
to be looked into.
Ageing
The inventory process shall have two ageing reports as outputs. First, is the AGEING
REPORT OF ALL PENDING CASES, which shall contain the age of all pending cases that
were inventoried. The age of the file shall be counted from the date the same was filed
in court – using the date filed with the Office of the Clerk of Court (OCC) and not from
the date the case was received by the Branch.
AGE OF CASES RTC BR xxx
LESS THAN 1 YEAR

1 YEAR BUT LESS THAN 2 YEARS
2 YEARS BUT LESS THAN 3 YEARS
11 YEARS -15 YEARS
15 YEARS AND 1 DAY TO 20 YEARS
20 YEARS AND I DAY TO 30 YEARS
MORE THAN 30 YEARS
Second, is the AGEING REPORT OF DISPOSED CASES IN THE PAST 5 YEARS through a
ten percent (10%) sampling method per court. The court shall provide the inventory
team the list of all disposed cases in the past five (5) years. Disposed cases include
cases decided, cases archived and cases mediated.
| 19
AGE OF CASES AT THE TIME OF DISPOSITION DECIDED ARCHIVED MEDIATED
RTC BR xxx
LESS THAN 1 YEAR

1 YEAR BUT LESS THAN 2 YEARS
11 YEARS -15 YEARS
15 YEARS AND 1 DAY TO 20 YEARS
20 YEARS AND I DAY TO 30 YEARS
MORE THAN 30 YEARS
The method of getting the age of the case is the same. The date of reckoning shall be
counted from the date the same was filed in court – using the date filed with the Office
of the Clerk of Court (OCC) and not from the date the case was received by the Branch,
and computed till the time it was disposed by way of rendering a decision, archiving or
mediation.
However, the total number of disposed cases to be covered by the process of ageing is
only a ten percent (10%) sample. The method of sampling is discussed in more detail at
the Annex of this manual.
Postponements
For all cases inventoried, what will be monitored is the ratio comparing the number of
settings of the case and the number of postponements. The reason for the
postponements shall also be looked into. In order to analyze where the usual
bottlenecks are in settings, the data on settings and postponements shall be logged
according to each stage of the case. A snapshot of the Form on Postponements is
attached in the Annex of this manual.
| 20
The following summary table shall be filled up and presented in the draft Case
Decongestion Plan.
Settings Postponements Percentage

Pre Trial
Trial
Prosecutor
Private Prosecutor
PAO
Case Intervals – Compliance with Speedy Trial
Case interval refers to the period or time interval that it takes for the court to process
one stage of the case to the next. Similar to postponements, the intention of monitoring
case intervals is to analyze at which stage of the case life is delay experienced the most.
This is more importantly being monitored to ascertain to what extent the Right to
Speedy Trial is respected. This is especially relevant now with the new guidelines issued
by the Supreme Court regarding Decongesting Holding Jails by Enforcing the Rights of
Accused Persons to Bail and to Speedy Trial (A.M. No. 12-11-2-SC). The new guidelines
specify shorter intervals if the accused is under preventive detention.
For the Draft Court Decongestion Plan, a summary of the average time for the court to
process the different stages of the case shall be presented through the following table:
Pre-Trial
Decision
Arraign-
Raffle
ment
Filing
Trial
Criminal
Civil
Special
Procedure
Typology of Cases
The inventory report shall also contain the statistical data regarding the case typology. This
simply identifies how many cases of each case type (nature of suit, action filed) are present in
the total case load. The summary of the case typology shall then be presented in the Draft Case
Decongestion Plan/ Inventory report.
| 21
An example of the table presentation is as follows
RTC-CIVIL CASES Number of cases

Type of Cases
Regular Courts
collection of sum of money
annulment of mortgage
annulment of sale
breach of contract
recovery of possession
damages
permanent/ temporary protection order
unlawful detainer
Quieting of Title
Others
Family Courts
declaration of nullity of marriage
Annulment
Judicial separation of Conjugal Property
Support
Other samples of the presentation of typology of cases may be found in the Annex of this
manual.
Priority Cases
There are seven (7) areas of inquiry that would place an inventoried case in the priority list for
the case decongestion plan.
a. CASES SUBMITTED FOR DECISION/ CASES WITH PENDING INCIDENT SUBMITTED FOR
RESOLUTION - No less than the Constitution provides for the 90-day reglamentary
period lower courts from the date a case or matter has been deemed submitted for
decision or resolution. As provided by the Constitution, a case or matter is deemed
submitted for decision or resolution “upon the filing of the last pleading, brief, or
memorandum required by the Rules of Court or by the Court itself”. If the decision or
resolution was not issued within the prescribed period, the presiding judge or the Chief
Justice shall issue a certification as to the reason for the delay and such certification
shall be attached to the record of the case and furnished to the different parties. (1987
Philippine Constitution, Article VIII Sec. 15 (1), 15(2) and 15(3).
| 22
b. CASES FOR FAST TRACKING BASED ON AGE - The target of the case decongestion plan
is to fast track cases which have been pending for over 5 years. This is usually discussed
with the judge based on what is reasonable to implement over a six month period.
c. CASES WITH NO INITIAL ACTION / NO FURTHER SETTING OR ACTION
d. CASES FOR ARCHIVING
e. CASES FOR REFERRAL TO MEDIATION
f. CASES INVOLVING DETENTION PRISONERS
g. OTHER CASES WHICH WILL MAY BE DISPOSED OF BY THE COURT, E.G. CASES ALREADY
DECIDED BUT STILL IN THE DOCKETS, CASES THAT MAY ALREADY BE PROVISIONALLY
DISMISSED, ETC.
Details on the cases which have no final action, for archiving, for referral to mediation and
those involving detention prisoners are discussed in the succeeding sections.
Other Matters to be Analysed by Inventory Team
Trial Management
The inventory form shall compare the total number of trial settings made and the total number
of hearing actually conducted. This would surface the total number of postponements declared
in a case, and the reasons for the postponements. Based on the pilot run and full run of the
project in the initial Regional Trial Court, the postponements may be attributed to the absence/
non-availability of the public prosecutor, the public attorney’s office lawyer, and the judge as
they are indisposed of attending official meetings and trainings. The inventory shall also look
into whether there was a period granted for parties to settle the case. The Inventory Team
shall provide an analysis on trial management utilizing this data set.
Calendar Management
The inventory team shall look into how the court undertakes the calendaring of cases. As a
matter of course, cases which are moving fast have a tendency to be scheduled more
frequently than those which are already in delay. The inventory team shall look into the system
used by the court, and check whether all cases are being calendared, and the interval of setting
for each case.
Record Management
The inventory team shall also look into how the court manages the official court records.
Specifically, the team will validate the system of recording proper accountability of cases as
indicated in the court’s Docket inventories and the Monthly Reports of Cases. The inventory
team shall also look into the system employed and status of
| 23
a) keeping Docket Books up to date,
b) filing of pleadings, orders, minutes, motions and other court processes in Case Folders in
a chronological manner, paginated, and properly stitched
c) keeping of Case Folders in storage spaces for safety and easy retrieval
Personnel Management
Courts with incomplete staffing would have difficulty managing maintaining a manageable
number of cases in their case load. The inventory team will also look into current staffing
patterns and work load, the need to recommend additional staffing, and other issues related to
the management of the court personnel which facilitates or hinders the effective management
of the case load of the court.
Preparation of the Inventory Report and Draft Case Decongestion Plan by the Inventory Team
Inventory Report
After the cases have been inventoried, the team will proceed to analyse the data and prepare a
report on their general observations pertaining to the court physical inventory of cases. The
general observations shall be included as part of the Draft Case Decongestion Plan.
Draft Case Decongestion Plan

Based on the findings in the Inventory Report, the team will then proceed to prepare a Draft
Case Decongestion Plan for submission to the judge for consideration. The Final Cases
Decongestion Plan shall be prepared by the judge and submitted to the Office of the Chief
Justice through the Office of the Court Administrator.
At the minimum, the Draft Case Decongestion Plan contains
1. Background of court – This should include the following information, among others:
a. Type of court
b. Personnel
c. Case load of court
i. Baseline case load- December the year before the inventory and
ii. Latest case load submitted to OCA CMO based on the monthly report
d. Caseflow Management Data
i. Baseline – Caseflow management data per court, beginning December

the year before the start of the inventory in the court for a period of one
year or until the finalization of the case decongestion plan. This can be
| 24
based on the monthly reports submitted to the Court Management Office
(CMO)
ii. Clearance rate and disposition rate based on a one year period
1. Baseline - January-December the year before the inventory and
2. January-December during the year of the inventory
iii. Per Court, beginning from date of CDP implementation
1. Monthly Clearance rate and disposition rate information, for a six
month period from start of the case decongestion activity
2. General observations in relation to the court based on the physical inventory – This
should include, the following information among others:
a. Statistics on Postponement
i. Total no. of settings per court based on the inventory
1. Before trial
2. During trial and until the end of the case
ii. Total no. of postponements per court based on the inventory
1. Before trial
2. During trial and until the end of the case
iii. Party causing the postponement (in percentage)
b. Statistics on Ageing
i. Pending Cases
ii. Decided/ Archived/ Dismissed/ in the past 5 years (based on 10% sample)
c. Typology of Cases
i. Civil Cases
ii. Criminal Cases
iii. Special Proceedings
d. Periods showing compliance with Speedy Trial Act and other similar laws, SC
circulars or directive
3. Priority cases for action by the court
a. Cases submitted for decision
b. Cases with pending incidents submitted for resolution or subject to a pending
motion
c. Cases for fast tracking based on age
d. Cases with no initial action
e. Cases with no further action
f. Cases for archiving
g. Cases for referral to mediation
h. Cases involving detention prisoners
i. Other cases that the court may already dispose of during the implementation
period
4. Statistics of cases –
a. pending cases
| 25
b. target cases under case decongestion plan
i. for disposition
ii. for further action of the court
5. Action Plan
6. Timeframe
a. General priority actions
b. Specific next steps per case
c. Monitoring process
d. Updating the status of the priority cases
7. Monthly report
8. Policy Recommendations (dependent on discussion with the judge)
Implementation and Monitoring of Case Decongestion Plan

The Case Decongestion Plan indicates a timeframe for implementation. The inventory team will
proceed to provide assistance in implementing the Case Decongestion Plan and in monitoring
whether the targets of the CDP are being achieved.
The following form shall be filled out during the implementation of the Case Decongestion Plan.
Disposition of cases and action taken on the priority cases identified in the CDP will be counted
each month, for a total period of 6 months. (See the Annex for a sample of the more
comprehensive form.)
Presiding Judge/ Acting Judge, If any
HUSTISYEAH!
INVENTORY
DISPOSED
MONTH 1
DURING
TARGET
CASES
CASES
CASES ACTED UPON DURING

HUSTISYEAH! INVENTORY
Judicial Supervisor/
Supervising Lawyer
Court
Total Disposed based on
Total No. of Cases Acted

Cases for Disposal
Inventory-Judge's
Start of Inventory
Approval of CDP
Cases for Action
Disposed under CDP

Total No. of Cases
upon under CDP

monthly report
Total
157
RTC Hon. Juan Atty.
60 300 360 10 (Apr- 40 20 150
BR. xx Luna Spocky
Nov)
Hon. 298
RTC Atty.
Gregorio 75 22 97 106 (Apr- 75 75 22
BR. xx Mari
del Pilar Nov)
| 26
Hon.
METC Atty. 299 (Apr-
Melchora 1040 0 1040 0 100 100 100
BR. xx Valerie Dec)*
Aquino
Legal researchers may be assigned to the Court under the supervision of the Judge to help
implement the Case Decongestion Plan. They may be assigned to do legal research work to
assist in preparation of the Decisions, draft legal memos that would aid in the preparation of
Decisions, assist in the systematization of Record keeping (Dockets, Monthly case reports) and
other tasks which may aid in the implementation of the CDP. However, there may be tasks not
suitable for the legal researchers, especially the law student interns, such as service of
summons.
The use of private courier services which could deliver court processes is available to ensure the
quick delivery of summons. The courier service will be able to deliver within 24 to 72 hours
depending on the geographical location of the party.
| 27
Procedural Incidents Warranting Case Dismissal
In the conduct of the inventory, the project is interested to document
 which cases can be dismissed motu proprio by the Judge on procedural grounds,
 which cases may already be suspended by archival of the case, and
 which cases may be referred to conciliation either through mediation or plea bargaining,
if allowed.
DISMISSAL MOTU GROUNDS FOR POSSIBILITY OF

PROPrIO ARCHIVING CONCILIATION
•Lack of jurisdiction •CRIMINAL CASES •Can it be referred to mediation

•Prescription •Unserved warrant for 6 •ADR Alternative Dispute
•Failure to submit pre-trial brief months Resolution
or appear at pre trial •Suspended proceedings •JDR Judicial Dispute
•Violation of order of court ie. because Resolution
Discovery •Accused is of unsound mind •Is plea bargaining possible
•Requirements of appeal ie filed •Valid prejudicial condition
within reglamentary period •TRO or writ of preliminary
•Service of Sentence of injunction
detention prisoners •Accused jumped bail before
•Speedy trial rules arraignment and cannot be
•Civil - annulment --> collusion arrested
•Failure to Prosecute •CIVIL CASES
•In the process of settlement
•TRO or writ of preliminary
injunction
•When defendant, without fault
or neglect of plaintiff cannot
be served with summons
within 6 months
| 28
COMMON AREAS CRIMINAL LAW CIVIL LAW
•Jurisdiction •Service of Sentence in •Mediation

•Summons Detention •Failure to prosecute
•Arrest •Compliance with Speedy •Annulment - Collusion
•Completeness of initiatory Trial rules
pleading/ Perfection of
appeal
•Prescription
•Pre Trial
•Refusal to comply with
Modes of Discovery
•Archiving
JURISDICTION  If the court has jurisdiction over the subject matter of the case
SERVICE OF SUMMONS  If the court has acquired jurisdiction over the person, e.g.
/ ARREST summons have been served or accused has been arrested
 If the court has territorial jurisdiction – in criminal cases
COMPLETENESS OF  Compliance with technical rules on the form and substance of the
INITIATORY PLEADING / initiatory pleading
PERFECTION OF  Certification on non-forum shopping
APPEAL  Verification
 Certificate to file action from barangay
 Appeal filed within the reglamentary period and with
requirements satisfied
PRESCRIPTION OF  For civil cases, whether or not the case has been filed within the
OFFENSE prescriptive period for filing the case
 For criminal cases, whether or not the case has been filed within
the prescriptive period for the crime
SERVICE OF SENTENCE  In criminal cases, whether the period of detention of accused is
IN DETENTION equivalent or has exceeded the period of the penalty for the
crime
SPEEDY TRIAL  Compliance with the rules on speedy trial
MEDIATION  Whether or not the case can be referred for mediation, and/or if
successfully mediated, can be dismissed.
PLEA BARGAIN  Compliance with rules on pre-trial such as appearance filing of
PRE-TRIAL pre-trial brief
MODES OF DISCOVERY  Compliance with orders pertaining to discovery of evidence
ARCHIVING  Requirements for archiving present, or if archived whether or not
| 29
the ground for archiving ceases to exist and the case can be
revived, and eventually dismissed
FAILURE TO  Determination of failure to prosecute on the part of the plaintiff
PROSECUTE
COLLUSION  In annulment cases, determination by the prosecutor of collusion
between parties
Identification of the above incidents can assist the Court in deciding whether the case is
appropriate for dismissal, for archiving or for mediation.
Some of these incidents can become the basis for the court to motu proprio issue an order for
dismissal or archiving of the case. In others, there is a still a need to file a motion to dismiss.
Please indicate in the “Remarks” portion of the Inventory Form if there are any of these
incidents present in the case reviewed.
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PRELIMINARY INFORMATION
Data Set Sought:
The data set sought under the preliminary information is listed below.
Court Parties Case Number Type of Case
•Regional Trial Court •Plaintiff •Case number •Civil case on ____

•Municipal Trial •Defendant assigned •Criminal Case on
Court •Respondent ____
•Metropolitan Trial •Name of Accused •Special Proceedings
Court on _____
•Court Branch
Number
•Venue
Where found:
Information may be found in the caption of the pleadings of the case.
SAMPLE: CAPTION OF THE PLEADING3
Court
Case Type of
Parties and Venue
Number Case
Branch
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Quezon City
Branch ____
Mr. Juan de la Cruz,

Plaintiff,
- versus - CIVIL CASE No. 8888

For Ejectment
Mr. Juan en Onle,
Defendant,
3
Ferdinand A. Tan. Handbook on Civil Procedure and Pleadings. 2005.
| 31
Parties. The Inventory Team may refer to the initiatory pleading and other relevant pleadings
which indicate joinder of other parties.
Type of case. It would be necessary to look into the allegations set forth in the pleadings, as this
determines the nature of the case
Relevant Provision of the Rules of Court / Supreme Court decisions4:

Sections 1, Rule 7, 1997 Rules of Civil Procedure
“Section 1. Caption – The caption sets forth the name of the court, the title of the
action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the
original complaint or petition; but in all subsequent pleadings, it shall be sufficient if the
name of the first party on each side be stated with an appropriate indication when there
are other parties.
Their respective participation in the case shall be indicated. (1a, 2a)”
Lorbes vs. Court of Appeals, G.R. No. 139884, February 15, 2000
“Thus we have held that it is not the caption of the pleading but the allegations therein
that determine the nature of the action, and the Court shall grant relief warranted by
the allegations and the proof even if no such relief is prayed for.”
4
Ibid.
| 32
JURISDICTION
Data Set Sought5:
Civil Cases
SUMMONS
ACTUAL
DATE OF
DATE DATE
RETURN
SERVED
Criminal Cases
WARRANT OF ARREST ARREST ARRAIGNMENT
INITIAL
FORWARD- COMMIT- FIRST
RELEASE ORDER ACTUAL
DATE ED TO RETURN DATE BONDED MENT SETTING
ORDER SETTING ARR.
POLICE ORDER OF ARR.
ARR.
Special Proceeding
ORDER
DECLARING
THAT
DATE
NATURE JURISDICTIONAL
FILED REQUIREMENTS
HAVE BEEN
COMPLIED WITH
Information sought
 Does the court have jurisdiction over the subject matter of the case?
 Has the court acquired jurisdiction over the person of the defendant?
 If the case is on appeal, has the appellate court acquired jurisdiction over the case
through a perfected appeal?
5
Ibid
| 33
SPECIAL
COMMON CRIMINAL LAW CIVIL LAW
PROCEDURE
•JURISDICTION over •Delivery of warrant •JURISDICTION •Date of Petition
the SUBJECT by peace officer OVER SUBJECT •Date of Opposition,
MATTER •Date of Arrest MATTER if any
•Judiciary •Date Bail •Date of incident •Date Opposition
Reorganization Act Application was •Date filed was resolved
and other laws resolved •Cause of Action •Date of Hearing of
•Date of Order / •Defects on the Jurisdictional Facts
•JURISDICTION Resolution face of the
OVER PLAINTIFF OR Suspending complaint
PETITIONER Arraignment due to
•Filing of Complaint Pending DOJ
•JURISDICTION
or Initiatory Petition
OVER PERSON
Pleading •Date of
•Date of Summons
Resolutionof DOJ
Petition for Review •Order of
•JURISDICTION Publication
OVER DEFENDANT
•Date Summons
OR RESPONDENT
Served
•Voluntary
Appearance
•Summons
•Arrest
•IF ON APPEAL
•Requirements of
appeal satisfied
•Filed within
reglamentary
period
Definition of Jurisdiction
Jurisdiction is defined as the authority of the court to hear and decide actual cases, including
imposing the proper penalty or punishment. Jurisdiction over the subject matter is conferred
by law. The law provides which level court may hear and decide a particular case.
The court acquires jurisdiction over the subject matter of the case and over the person of the
parties to the case.
Jurisdiction over the subject matter is conferred by law and cannot be conferred on the court
by the voluntary agreement of the parties.
| 34
Jurisdiction over the parties – for the petitioner or plaintiff, jurisdiction of the court is acquired
through the filing of the complaint, petition or initiatory pleading before the court by the
petitioner or plaintiff. For the defendant or respondent, jurisdiction may be acquired through
the voluntary appearance or submission by the defendant or respondent to the court, the
service of summons, or the arrest of the respondent.
Jurisdiction over the territory where offense was committed – in criminal cases, the offense
must have been committed or where any of its essential ingredients occurred
The court may motu proprio dismiss a case for lack of jurisdiction.
Venue has been defined as the place where the case is to heard or tried. HOWEVER, note that
there is a distinction between how jurisdiction and venue are treated under civil and criminal
procedure.
In civil cases, the law allows the parties to define or stipulate upon which venue the case will be
heard or tried, with due consideration to the accessibility of the court to the parties. The case
may not be dismissed motu proprio based on improper venue, unless there is an objection
posed by the defendant.
In criminal cases, locus of the crime determines not only the venue of the case but the
jurisdiction as well. The venue where the case is tried and heard is an essential element. Venue
determines not only where the criminal case should be filed but the court which has jurisdiction
over the case. Rules of Court6 provide that this covers where the crime was committed, or
where any of its essential ingredients occurred. A finding that the case was filed in an improper
venue carries with it jurisdictional consequences.
The question of jurisdiction may be raised at any stage of the proceedings. HOWEVER, where
there has been estoppel or laches on the party raising the question, then the question of
jurisdiction may not be raised for the first time on appeal.
Types of Jurisdiction7
 Original – power of the court to take judicial cognizance of a case instituted for judicial
action for the first time under conditions provided by law.
 Exclusive – power to adjudicate a case or proceeding to the exclusion of all other courts
at that stage
6
Section 15(a) Rule 110 and Section 10, Rule 110 of the 2000 Revised Rules of Criminal Procedure as cited in Union
Bank of the Philippines v. People G.R. No 192565.
7
supra, note 4.
| 35
 Concurrent – power conferred upon different courts, whether of the same rank or not,
to take cognizance of the same stage or the same case in the same or different judicial
territories
 Appellate – power and authority conferred upon a superior court to rehear and
determine causes tried in lower courts which have been elevated to it by way of appeal
or write of error or review by a superior court of the final judgment or order of a lower
court
Summons
Summons is the writ by which a defendant is apprised of a claim or action that has been
brought against him8. The court acquires jurisdiction over the person of the defendant once
summons is served. The process of serving the summons is to apprise the defendant that there
is an action lodged against him and for him to have an opportunity to be heard on the claim
against him9. Once jurisdiction over the person of the defendant is acquired, the court can then
proceed with pre-trial and trial of the case. Consequently the improper service or non-service
of summons means that the court has not acquired jurisdiction over the defendant and may be
the basis of dismissal of the action.
Contents of the Summons:

 Name of the court and the Names of the parties to the action;
 Order directing defendant to file an answer within the time fixed by these Rules;
 Notice that unless the defendant so answers, plaintiff will take judgment by default and
may be granted the relief applied for.
 Copy of the complaint and order for appointment of guardian ad litem, if any, shall be
attached to the original and each copy of the summons. (Sec. 2, Rule 14)
Issuance and Service of Summons

 The Clerk of Court issues the summons to the defendant, upon filing of the complaint
and payment of the requisite legal fees.
 The summons may be served by the sheriff, his deputy, or other proper court officer, or
for justifiable reasons by any suitable person authorized by the court issuing the
summons. (Sec. 3, Rule 14)
Alias Summons:
If a summons is returned without being served on any or all of the defendants, the server shall
also serve a copy of the return on the plaintiff’s counsel, stating the reasons for the failure of
service, within five (5) days therefrom. In such a case, or if the summons has been lost, the
clerk, on demand of the plaintiff, may issue an alias summons. (Sec. 4, Rule 14)
8
Ang v. Navarro, 81 SCRA 458, 461 [1978] cited by Tan 175.
9
Vda. De Macoy vs. Court of Appeals, 299 SCRA 733, 741, 742 cited by Tan 175.
| 36
Modes of Service of Summons:
 Personal Service
 Substituted Service
 Service by Publication
 Extraterritorial Service
Service of Summons based on type of defendant

 Entity without Juridical Personality
 Prisoners
 Minors and Incompetents
 Domestic Private Juridical Entity
 Public Corporation
 Residents temporarily outside the Philippines
Voluntary Appearance
Voluntary appearance is equivalent to service of summons. When the defendant/ respondent/
accused files pleadings seeking affirmative relief this constitutes voluntary appearance.
Jurisdiction over the person of the accused is deemed waived by the accused when he files any
pleading seeking an affirmative relief.
Exception: In the case of pleadings filed precisely to avoid the jurisdiction of the court, the
filing of such pleading merely leads to a special appearance and not a voluntary appearance.
(1) Civil cases - Motions to dismiss on the ground of lack of jurisdiction over the person of
the defendant, whether or not other grounds for dismissal are included
(2) Criminal cases - Motions to quash a complaint on the ground of lack of jurisdiction over
the person of the accused;
(3) Motions to quash a warrant of arrest.
Effect of special appearance: the accused can invoke the processes of the court even though
there is neither jurisdiction over the person nor custody of the law.
| 37
Sample SUMMONS10
REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Quezon City
Branch ____
Mr. Juan de la Cruz,

Plaintiff, CIVIL CASE No. 8888
- versus - FOR SUM OF MONEY
with Damages
Mr. Juan en Onle,
Defendant,
SUMMONS
To Mr. Juan en Onle
GREETINGS:
You are hereby required within fifteen (15) days after the service of this summons upon you,
to file with this Court and serve on the plaintiff your answer to the complaint, copy of which
is attached together with the annexes. You are reminded of the provision of the IBP-COA
Memorandum on Policy Guidelines dated March 12, 2002 to observe restraint in filing a
motion to dismiss and instead allege the grounds thereof as defenses in the Answer. If you
fail to answer within the time fixed, the plaintiff will take judgment by default and may be
granted the relief applied for in the complaint.
WITNESS my hand under the seal of the Court, this __ day of ______, 20__.
CLERK OF COURT
Arrest and Bail
Arrest is the “taking of a person into custody in order that he may be bound to answer for the
commission of an offense.11” With the arrest of the accused, the court may acquire both
jurisdiction over the person and custody of the law.
Custody of the law is custody over the body of the accused. There is actual restraint of the
person or by his voluntary submission to the custody of the person making the arrest, and may
include detention. In effecting restraint, the application of actual force, manual touching of the
10
supra, note 4.
11
Sec.1, Rule 113, Rules of Court
| 38
body, physical restraint or formal declaration of arrest is not required. It is sufficient that there
is intent on the part of the accused to submit and he is deprived of his own will and liberty, and
binds himself to obey the law12.
There are instances when the accused is under the custody of the law, but not yet subject to
the jurisdiction of the court over the person of the accused --- i.e. Person arrested by virtue of
warrant files a motion to quash before his arraignment. Conversely, the court may have
jurisdiction over the person but not have custody – i.e. Trial has commenced and the accused
escapes detention.13
Arrests are carried out with a warrant. Arrests without a warrant may also be allowed subject
to the circumstances provided under Section 5, of Rule 113 i.e.
1) Person to be arrested has committed, actually committing or attempting to commit offense,
2) Offense committed and there is probable cause to believe based on personal knowledge that
person to be arrested committed the offense, and
3) Escaped prisoner.
Bail is the bond or security given by the accused that is in the custody of the law / held in
restraint because of a criminal or quasi criminal charge lodged against him, in order to secure
his personal liberty. At the same time, bail aims to ensure the appearance of the accused at the
trial of his case, until there is conviction or dismissal of the case.
If an accused intends to invoke right to bail, he must be under the custody of the law. A person
invoking the special jurisdiction of the court must first submit himself to the custody of the law.
The requirements which must be complied with upon issuance and posting of bail are outlined
in Section 2, Rule 114 i.e.
1) Bail remains in force at all stages of the case until promulgation of the RTC,
2) Accused shall appear whenever required by court,
3) Failure to appear at trial without justification deemed waiver of right thus trial may
proceed in absentia,
4) Bondsman to surrender accused to court for final judgment.
Bail is not required when14

 Law or these Rules so provide;
 Person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediately
without prejudice to the continuation of trial or proceedings on appeal
12
Sanchez v. Demetriou, 227 SCRA 627 as cited in Tan, p53
13
Layosa v. Rodriguez, G.R. No. L-46080, 10 November 1978, 86 SCRA 300, 303; People v. Umbrero, G.R. No.
93021, 8 May 1991, 196 SCRA 821, 829 as cited in Miranda v. Tuliao G.R. No 158763
14
Sec 16, Rule 114 Rules of Court.
| 39
 Person in custody for a period equal to or more than the minimum of the principal
penalty prescribed for the offense charged, without application of the Indeterminate
Sentence Law or any modifying circumstances shall be released on a reduced bail or on
his own recognizance, at the discretion of the court.
 If maximum penalty is destierro, he shall be released after thirty (30) days of preventive
imprisonment
The Court has issued a new circular (A.M. No. 12-11-2-SC) clarifying the procedure in petitions
for Bail when the offense involved is punishable by either death, reclusion perpetua or life
imprisonment. It states that:
 The hearing of the accused's motion for bail in offenses punishable by death, reclusion
perpetua or life imprisonment shall be summary, with the prosecution bearing the
burden of showing that the evidence of guilt is strong. The accused may at his option, if
he wants the court to consider his evidence as well, submit in support of his motion the
affidavits of his witnesses attesting to his innocence.
 At the hearing of the accused's motion for bail, the prosecution shall present its
witnesses with the option of examining them on direct or adopting the affidavits they
executed during the preliminary investigation as their direct testimonies.
 The court shall examine the witnesses on their direct testimonies or affidavits to
ascertain if the evidence of guilt of the accused is strong. The court's questions need not
follow any particular order and may shift from one witness to another. The court shall
then allow counsels from both sides to examine the witnesses as well. The court shall
afterwards hear the oral arguments of the parties on whether or not the evidence of
guilt is strong.
 Within forty-eight (48) hours after hearing, the court shall issue an order containing a
brief summary of the evidence adduced before it, followed by its conclusion of whether
or not the evidence of guilt is strong. Such conclusion shall not be regarded as a pre-
judgment on the merits of the case that is to be determined only after a full-blown trial.
Where found:
 Summons
 Affidavit of Arrest
 PNP Endorsement Letter
 PNP Booking sheet and Information
 DOJ Prosecutor’s Inquest Report Form
 Undertaking (in application for bail)
 Petition for Bail
| 40
 Surety Bond
 Initiatory Pleading / Appeal (to be discussed in the next section)
Relevant Provision of the Rules of Court / Supreme Court decisions / Supreme Court Circulars:
Jurisdiction over the Subject Matter

 Regional Trial Courts - General Jurisdiction
o Civil
o Criminal
o Appellate
 Regional Trial Courts – Special Courts
o Family Courts
o Drug Courts
o Special Commercial Courts
o Special Agrarian Courts
o Election Cases
o Cases Involving Killings of Political Activists
o Special Environment Courts
 Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
o Civil
o Criminal
o Summary Procedure
o Election Cases
o Special Environment Courts
Herrera vs. Barreto, 25 Phil 33
"The authority to decide a cause at all, and not the decision rendered therein, is what
makes up jurisdiction"
Before 2004 – 14 April 1999

RTC MeTC, MTC, MCTC
Civil Outside MMla exceeds 200,000 Outside MMla not more than 200,000
Metro Manila exceeds 400,000 Metro Manila not more than 400,000
Beginning 2004
RTC MeTC, MTC, MCTC
Civil Outside MMla exceeds 300,000 Outside MMla not more than 300,000
Metro Manila exceeds 400,000 Metro Manila not more than 400,000
Crim Penalty exceeds six (6) years Penalty less than six (6) year
Summary Forcible entry, Unlawful detainer, Atty’s fees <=
Procedure 20,000, Other cases claim <= 10,000
| 41
Traffic violations
Rental law
Violation of City / Municipal ordinances
Regional Trial Courts (General Jurisdiction)

A. Original
1. Civil
1.1. Exclusive
1.1.1. Subject of action not capable of pecuniary estimation;
1.1.2. Actions involving title or possession of real property or interest therein where
the assessed value exceeds Php 20,000.00 or in Metro Manila Php 50,000.00
except forcible entry and unlawful detainer;
1.1.3. Actions in admiralty and maritime jurisdiction where demand or claim exceeds
Php300,000.00; or in Metro Manila Php 400,000.00;
1.1.4. Matters of probate, testate, or intestate, where gross value of estate exceeds
Php300,000.00 or in Metro Manila Php 400,000.00
1.1.5. Actions involving marriage and marital relations(now under the jurisdiction of
the Family Courts);
1.1.6. Cases not within exclusive jurisdiction of any court, tribunal, person or body
exercising judicial or quasi-judicial function;
1.1.7. Actions and special proceedings falling within the exclusive original jurisdiction
of the Juvenile and Domestic Relations Courts (now the Family Courts, Sec. V, infra)
and the Court of Agrarian Relations;
1.1.8. Other cases where demand, exclusive of interest, damages, attorney’s fees,
litigation expenses and costs, or value of property in controversy exceeds Php
300,000.00 or in Metro Manila Php 400,000.00 (Sec. 19 of BP 129 as amended by
RA 7691) However, if the claim for damages is the main cause of action, the
amount thereof shall be considered in determining the jurisdiction of the court.
(Administrative Circular No. 09-94, dated June 14, 1994)
1.1.9. NOTE The original amounts of Php 100, 000.00 and Php 200,000 in Metro Manila
in 1.1.3, 1.1.4 and 1.1.8 were increased to Php 300,000 and Php 400,000
respectively, as provided under Sec. 5 of RA 7691
1.2. Concurrent
1.2.1. with Supreme Court - Actions affecting ambassadors and other public ministers
and consuls; (Sec. 21[1] of BP 129)
1.2.2. with Supreme Court and Court of Appeals -
1.2.2.1. Certiorari, Prohibition, and Mandamus against lower courts and bodies.
1.2.2.2. Habeas corpus and Quo Warranto, Sec. 9 [1] and Sec. 21 [1] of BP 129
1.2.3. with Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts
1.3. No concurrent jurisdiction:
| 42
1.3.1. Guardianship and adoption cases are now under the exclusive original
jurisdiction of Family Courts established by RA 8369 known as the 'Family Courts
Act of 1997' approved on October 28, 1997. (See Sec. 5 infra.)
1.4. With the Insurance Commission
1.4.1. Claims not exceeding Php 100,000.00 (Sec. 416 of the Insurance Code (1974), PD
612). Applicable if subject of the action is not capable of pecuniary estimation;
otherwise, jurisdiction is concurrent with Metropolitan Trial Courts, etc.
2. Criminal
2.1. Exclusive
2.1.1. Criminal cases not within the exclusive jurisdiction of any court, tribunal or body.
(Sec. 20 of BP 129) These include criminal cases where the penalty provided by law
exceeds six (6) years imprisonment irrespective of the fine. (RA 7691). These also
include criminal cases not falling within the exclusive original jurisdiction of the
Sandiganbayan where none of the accused are occupying positions corresponding
to salary grade '27' and higher. (RA 7975 and 8249)
2.1.2. But in cases where the only penalty provided by law is a fine, the Regional Trial
Courts have jurisdiction if the amount of the fine exceeds Php 4,000.(RA 7691 as
clarified by Administrative Circular No. 09-94 dated June 14, 1994)
2.2. Notes: Family Courts have exclusive original jurisdiction over criminal cases where one
or more of the accused is below eighteen (18) years of age but not less than nine (9)
years of age, or when one or more of the victims is a minor at the time of the
commission of the offense. (Sec. 5(a) of RA 8369)
B. Appellate
All cases decided by lower courts in their respective territorial jurisdictions. (Sec. 22 of BP
129[1983])
Regional Trial Courts (Special Courts)
Family Courts15
A. Exclusive and Original
1. Criminal cases where one or more of the accused is below eighteen (18) years of age but
not less than nine (9) years of age, when one or more of the victims is a minor at the time of
the commission of the offense: Provided, That if the minor is found guilty, the court shall
promulgate sentence and ascertain any civil liability which the accused may have incurred.
The sentence, however, shall be suspended without need of application pursuant to
Presidential Decree No. 903, otherwise known as the "Child and Youth Welfare Code";
2. Petitions for guardianship, custody of children, habeas corpus in relation to the latter;
15
Source: RA 8369, Family Courts Act of 1997
| 43
3. Petitions for adoption of children and the revocation thereof;
4. Complaints for annulment of marriage, declaration of nullity of marriage and those relating
to marital status and property relations of husband and wife or those living together under
different status and agreements; and petitions for dissolution of conjugal partnership of
gains;
5. Petitions for support and/or acknowledgment;
6. Summary judicial proceedings brought under the provisions of Executive Order No. 209,
otherwise known as the "Family Code of the Philippines";
7. Petitions for declaration of status of children as abandoned, dependent or neglected
children, petitions for voluntary or involuntary commitment of children, the suspension,
termination, or restoration of parental authority and other cases cognizable under
Presidential Decree No. 603, Executive Order No. 56 (Series of 1986) and other related laws;
8. Petitions for the constitution of the family home;
9. Cases against minors cognizable under the Dangerous Drugs Act, as amended;
10. Violations of Republic Act No. 7160, otherwise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act", as amended by Republic Act No.
7658, and
11. Cases of domestic violence against:
11.1 Women – which are acts of gender-based violence that result, or likely to result in
physical, sexual or psychological harm or suffering to women; and other forms of physical
abuse such as battering or threats and coercion which violate a woman’s personhood,
integrity and freedom of movement; and
11.2 Children – which include the commission of all forms of abuse, neglect, cruelty,
exploitation, violence and discrimination and all other conditions prejudicial to their
development.
If an act constitutes a criminal offense, the accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above matters should arise as an incident in any case
pending in the regular courts, said incident shall be determined in that court.
Drug Courts
General Rule: Only courts designated by the Supreme Court as a special court for drugs cases
can take cognizance of violations of Republic Act No. 9165.
(Republic Act No. 9165 [2002], Sec. 90; A.M. No. 05-9-03-SC, October 11, 2005, paragraph no. 1;
OCA Circular No. 112-2005, October 25, 2005)
Exception: As a rule, family courts shall have jurisdiction over drugs  cases involving minors
Exception to the Exception:
| 44
 If there are no family courts but there is a special drug court, the latter shall take
jurisdiction over the case.
 If there are no designated family courts and special drug courts the case shall be raffled
among the branches of the Regional Trial Court within the same station.
 If there is only a single-sala Regional Trial Court, which has been designated either as a
family court or as a special drug court or has not been designated as such at all, it shall take
jurisdiction over the case. (Administrative Circular No. 20-2003, March 19, 2003)
Special Commercial Courts 

 Special Commercial courts have jurisdiction over cases formerly under the jurisdiction of
SEC court and Intellectual Property courts:
 Former SEC courts had the jurisdiction over some cases that were formerly under the
jurisdiction of the SEC. These include the following:
o Devices or schemes employed by, or any act of, the board of directors, business
associates, officers or partners, amounting to fraud or misrepresentation which may
be detrimental to the interest of the public and/or of the stockholders, partners, or
members of any corporation, partnership, or association;
o Controversies arising out of intra-corporate, partnership, or association relations,
between and among stockholders, members, or associates; and between, any or all
of them and the corporation, partnership, or association of which they are
stockholders, members, or associates, respectively;
o Controversies in the election or appointment of directors, trustees, officers, or
managers of corporations, partnerships, or associations;
o Derivative suits; and
o Inspection of corporate books.
 Intellectual Property Rights Courts, on the other hand had jurisdiction over civil and criminal
cases involving intellectual property rights.
o IP Rights related civil cases now under the jurisdiction of commercial courts include
the following:
 Civil actions for violations of intellectual property rights provided for in
Republic Act 8293 or the Intellectual Property Code, as amended, including
civil actions for Infringement of Patent (Section 76), Utility Model (Section
108) and Industrial Design (Section 119), Trademark Infringement (Section
155 in relation to Section 163), Unfair Competition (Section 168 in relation to
Section 163), Actions concerning trademark license contracts (Section 150 in
relation to Section 163), Actions concerning imported merchandise or goods
bearing infringing marks or trade names (Section 166 in relation to Section
163), Actions for cancellation of the registration of a collective mark (Section
167 in relation to Section 163), False Designations of Origin; False Description
or Representation (Section 169 in relation to Section 163), Breach of Contract
(Section 194), civil actions for infringement of copyright, moral rights,
| 45
performers’ rights, producers’ rights, and broadcasting rights (Sections 177,
193, 203, 208, 211, and 216), and other violations of intellectual property
rights as may be defined by law
o IP Rights related criminal cases now under the jurisdiction of commercial courts
include the following:
 All criminal actions for violations of intellectual property rights provided for
in Republic Act 8293 or the Intellectual Property Code, as amended, including
Repetition of Infringement of Patent (Section 84), Utility Model (Section 108)
and Industrial Design (Section 119), Trademark Infringement (Section 155 in
relation to Section 170), Unfair Competition (Section 168 in relation to
Section 170), False Designations of Origin; False Description or
Representation (Section 169.1 in relation to Section 170), infringement of
copyright, moral rights, performers’ rights, producers’ rights, and
broadcasting rights (Section 177, 193, 203, 208 and 211 in relation to Section
217), and other violations of intellectual property rights as may be defined by
law.”
In addition to the above, commercial courts are also authorized to issue writs of search and
seizure in civil or criminal actions involving violations of the Intellectual Property Code. Special
Commercial Courts in Quezon City, Manila, Makati, and Pasig shall have authority to issue writs
which shall be enforceable nationwide. Within their respective territorial jurisdictions, the
Special Commercial Courts in the judicial regions where the violation of intellectual property
rights occurred shall have concurrent jurisdiction to issue search warrants.
All cases involving admiralty and maritime laws shall be tried and decided by Special
Commercial Courts, except those which have already undergone the pre-trial stage in civil cases
and arraignment stage in criminal cases in the ordinary courts, in which case the same shall be
retained by the court previously assigned to try them. The unloaded cases transferred to the
Special Commercial Courts shall be considered as raffled to them to maintain an equal
distribution of cases. (OCA Circular No. 50-2005, May 3, 2005)
Special Agrarian Courts

Shall have original and exclusive jurisdiction over all petitions for the determination of just
compensation to land owners, and the prosecution of all criminal offenses under Republic Act
No. 6657. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts,
unless modified by the Act (Republic Act No. 6657 [1988], Sec. 57; OCA Circular No. 39-2005,
May 4, 2005). See also Administrative Circular No. 29-2002, July 21, 2002, delineating
jurisdiction over agrarian disputes to avoid conflict with the Department of Agrarian Reform or
the Department of Environment and Natural Resources.
Election Cases
| 46
Petitions for Inclusion or Exclusion of Voters and Appeals in these Cases
 The salas of Executive Judges of Metropolitan Trial Courts and Municipal Trial Courts
in Cities, and the Municipal Trial Courts and Municipal Circuit Trial Courts are
designated as special courts to exclusively hear and decide petitions for inclusion or
exclusion of voters. The salas of Executive Judges of Regional Trial Courts are likewise
designated as special courts in multiple-sala stations to take cognizance of appeals
from said cases. (Administrative Circular No. 59- 2003, November 5, 2003)
 These cases shall be heard and decided without delay. The decision shall be rendered
within six hours after the hearing and within ten days from the date of its filing in
court. Cases appealed to the Regional Trial Court shall be decided within ten days
from receipt of the appeal in the Office of the Clerk of Court. In any case, the court
shall decide these petitions not later than the day before the election, and the
decision rendered thereon shall be immediately final and executory, notwithstanding
the provisions of Section 138 on the finality of decisions. (Sec. 143 of Batas Pambansa
Blg. 881, also known as Omnibus Election Code of the Philippines; Administrative
Circular No. 59-2003, November 5, 2003)
Election Protests and Petitions for Quo Warranto Involving Elective Municipal Officials
 Special Courts designated to exclusively and speedily hear, try and decide election
protests and petitions for quo warranto involving elective municipal officials within
their respective territorial jurisdiction shall continue to be included in the raffle of
cases, criminal and civil, provided that the Executive Judges of the RTCs concerned
shall exclude the designated Special Courts from such raffle whenever in their
judgment the caseload of these courts shall prevent them from conducting the
continuous trial of the election contests. The cases referred herein are limited to
election protests and petitions for quo warranto. All other election related cases shall
be raffled among the regular courts in the station. (Administrative Order No. 54-
2007, May 11, 2007)
Involving Elective Barangay Officials

 Special Courts in the first level courts designated to exclusively and speedily hear, try
and decide election protests and petitions for quo warranto involving elective
barangay officials within their respective territorial jurisdiction shall continue to be
included in the raffle of cases, criminal and civil, provided that the Executive Judge of
the courts concerned shall exclude the designated Special Courts from such raffle
whenever in their judgment the caseload of these courts shall prevent them from
conducting the continuous trial of the election contests. (Administrative Order 129-
2007, August 15, 2007)
Cases Involving Killings of Political Activists and Members of the Media

Special Courts are designated to hear, try and decide cases involving killings of political
ideologists and members of media. In determining whether the crime is a “political killing,” the
| 47
following factors, among others, shall be considered: (1) political affiliation of the victim; (2)
method of attack; and (3) reports that state agents are involved in the commission of the crime
or have acquiesced in them.
All single-sala courts are considered special courts for the cases involving killings of political
ideologists and members of media, and for this reason shall give priority to these cases in the
trial calendars.
Special Environment Courts16

The designated Environmental Courts will try and decide violations of environmental laws
which include:
Revised Forestry Code (PD705) Philippine Fisheries Code (RA 8550)Clean Air
Marine Pollution (PD 979) Act (RA 8749)
Toxic Substances and Hazardous Waste Act Ecological Solid Waste Management Act (RA
(RA 6969) 9003)
People’s Small-Scale Mining Act (RA 7076) National Caves & Cave Resources
National Integrated Protected Areas System Management Act (RA 9072)
Act (RA 7586) Wildlife Conservation and Protection Act (RA
Philippine Mining Act (RA 7942) 9147)
Indigenous People’s Rights Act (RA 8371) Chainsaw Act (RA 9175)
Clean Water Act (RA 9275).
In multi-sala stations where no branches of the first and second level courts are designated as
environmental courts, the cases shall be raffled among the branches thereat which shall try and
decide such cases according to existing issuances.
All single sala first and second level courts are considered special courts for said purpose.
Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
A. Original
1. Civil
1.1. Exclusive
1.1.1. Actions involving personal property valued at not more than Php 300,000 or in
Metro Manila Php 400,000
1.1.2. Actions demanding sums of money not exceeding Php 300,000 or in Metro
Manila, Php 400,000; in both cases, exclusive of interest, damages, attorney’s fees,
litigation expenses and costs, the amount of which must be specifically alleged, but
the filing fees thereon shall be paid.
1.1.3. These include admiralty and maritime cases.
16
Administrative Order No. 23-20 08, January 28, 2008
| 48
1.1.4. Actions involving title or possession of real property where the assessed value
does not exceed Php 20,000.00 or in Metro Manila Php 50,000.00
1.1.5. Provisional remedies in principal actions within their jurisdiction, and in proper
cases, such as preliminary attachment, preliminary injunction, appointment or
receiver and delivery of personal property. (Rules 57, 58, 59 and 60)
1.1.6. Forcible entry and unlawful detainer, with jurisdiction to resolve issue of
ownership to determine issue of possession.
1.1.7. Probate proceedings, testate or intestate, where gross value of estate does not
exceed Php 300,000 or in Metro Manila Php 400,000 (Sec. 33 of BP 129 as
amended by RA 7691).
1.1.8. Inclusion and exclusion of voters. (Sec. 138 of BP 881, Omnibus Election Code of
the Philippines (1985)
1.2. Concurrent with Regional Trial Courts
1.2.1. None
1.3. Delegated
1.3.1. Cadastral and land registration cases assigned by Supreme Court where there is
no controversy or opposition and in contested lots valued at not more than Php
100,000.00. (Sec. 34 of BP 129 as amended by RA 7691)
1.4. Special
1.4.1. Petition for habeas corpus in the absence of all Regional Trial Judges. (Sec. 35 of
BP 129
2. Criminal
2.1. Exclusive
2.1.1. All violations of city or municipal ordinances committed within their respective
territorial jurisdictions;
2.1.2. All offenses punishable with imprisonment of not more than six (6) years
irrespective of the fine and regardless of other imposable accessory or other
penalties and the civil liability arising therefrom; provided, however, that in
offenses involving damage to property through criminal negligence, they shall have
exclusive original jurisdiction. (Sec. 32 of BP 129 as amended by RA 7691[1994])
2.1.3. NOTE: Jurisdiction over the whole complex crime lies with the trial court having
jurisdiction to impose the maximum and most serious penalty imposable of an
offense forming part of the complex crime, Thus, where the imposable penalty for
the physical injuries charged would come within the jurisdiction of the municipal
trial court, while the fine for the damage to the property, would fall on the
Regional Trial Court, the court that would take cognizance of the case must be
determined not by the corresponding penalty for the physical injuries charged but
by the fine imposable for the damage to property resulting from the reckless
imprudence
2.1.4. All offenses committed not falling within the exclusive original jurisdiction of the
Sandiganbayan where none of the accused is occupying positions corresponding to
salary grade '27' and higher. (As amended by RA 7675 and 8249)
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2.1.5. However, in cases where the only penalty provided by law is a fine not exceeding
Php 4,000, the Metropolitan Trial Courts, etc. have jurisdiction. (Administrative
Circular No. 09-94 dated June 14, 1994.
2.2. Concurrent with Fiscals and State Prosecutors
2.2.1. Except for Metropolitan Trial Courts in National Capital Regions, conduct
preliminary investigation of offenses where the penalty prescribed by law is at
least four (4) years, two (2) months and one (1) day without regard to fine. (Sec. 37
of BP 129; Sec. 1 of Rule 112, as amended). Preliminary investigation of crimes
within the jurisdiction of the Sandiganbayan is conducted by the office of the
Special Prosecutor under the Ombudsman. (Sec. 11 of RA 6770)
2.3. Special
2.3.1. Applications for bail in the absence of all Regional Trial Judges. (Sec. 35 of BP
129)
3. Summary Procedure
3.1. Civil
3.1.1. Forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered; but attorney’s fees shall not exceed Php
20,000.00 (Revised effective November 15, 1991)
3.1.2. All other cases, except probate proceedings, where total claim does not exceed
Php10,000.00
3.2. Criminal
3.2.1. Traffic Violations
3.2.2. Rental Law Violations
3.2.3. Violations of City and Municipal Ordinances
3.2.4. All other cases where penalty does not exceed 6 months and /or fine of
Php1,000.00
SOURCE: Manual for Executive Judges, 2009, pp. 9-19, Benchbook for Trial Judges.
Jurisdiction over the Person of Defendant / Respondent

 Summons
 Arrest
Summons (Rule 14, Rules of Court)

 “Summons is the writ by which the defendant is notified of the action brought against him.”
(Republic vs. Domingo cited by I Riano 374)
 In actions in personam, the service of summons is necessary to acquire jurisdiction over the
person and is not just a due process requirement. (I Riano 376)
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 “Jurisdiction cannot be acquired over the defendant without service of summons.” (Habana
vs. Vamenda cited by I Regalado 242) “The defendant’s voluntary appearance in the action
shall be equivalent to service of summons. The inclusion in a motion to dismiss of other
grounds aside from lack of jurisdiction over the person of the defendant shall not be
deemed a voluntary appearance.” (Sec. 20, Rule 14)
Modes of Service of Summons:

 Personal service – Whenever practicable, the summons shall be served handing a copy
thereof to the defendant in person, or, if he refuses to receive and sign for it, by tendering it
to him. (Sec. 6, Rule 14)
 Substituted service.—If, for justifiable causes, the defendant cannot be served within a
reasonable time as provided in the preceding section, service may be effected (a) by leaving
copies of the summons at the defendant’s residence with some person of suitable age and
discretion then residing therein, or (b) by leaving the copies at defendant’s office or regular
place of business with some competent person in charge thereof. (Sec. 6, Rule 14)
 Service by publication.—In any action where the defendant is designated as an unknown
owner, or the like, or whenever his whereabouts are unknown and cannot be ascertained
by diligent inquiry, service may, by leave of court, be effected upon him by publication in a
newspaper of general circulation and in such places and for such time as the court may
order. (Sec. 14, Rule 14)
 Extraterritorial service.—When the defendant does not reside and is not found in the
Philippines, and the action affects the personal status of the plaintiff or relates to, or the
subject of which is, property within the Philippines, in which the defendant has or claims a
lien or interest, actual or contingent; or in which the relief demanded consists, wholly or in
part, in excluding the defendant from any interest therein, or the property of the defendant
has been attached within the Philippines, service may, by leave of court, be effected out of
the Philippines by personal service as under section 6; or by publication in a newspaper of
general circulation in such places and for such time as the court may order, in which case a
copy of the summons and order of the court shall be sent by registered mail to the last
known address of the defendant, or in any other manner the court may deem sufficient.
Any order granting such leave shall specify a reasonable time, which shall not be less than
sixty (60) days after notice, within which the defendant must answer. (Sec. 15, Rule 14)
 “Extraterritorial service is only allowed in four instances:
o When the action affects the personal status of the plaintiff
o When the action relates to, or the subject of which is property in the Philippines
which the defendant has or claims a lien or interest, actual or contingent
o When the relief demanded in such action consists, wholly or in part, in excluding
the defendant from any interest in property located in the Philippines; and
o When the defendant’s nonresident’s property has been attached in the
Philippines.” (De Midgely vs. Ferandos cited in I Regalado 257)
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Service of Summons for Different Types of Defendants
 Entity without juridical personality — When persons associated in an entity without
juridical personality are sued under the name by which they are generally or commonly
known, service may be effected upon all the defendants by serving upon any one of them,
or upon the person in charge of the office or place of business maintained in such name.
But such service shall not bind individually any person whose connection with the entity
has, upon due notice, been severed before the action was brought. (Sec. 8, Rule 14)
 Prisoners —When the defendant is a prisoner confined in a jail or institution, service shall
be effected upon him by the officer having the management of such jail or institution who is
deemed deputized as a special sheriff for said purpose. (Sec. 9, Rule 14)
 Minors and incompetents— When the defendant is a minor, insane or otherwise an
incompetent, service shall be made upon him personally and on his legal guardian if he has
one, or if none, upon his guardian ad litem whose appointment shall be applied for by the
plaintiff. In the case of a minor, service may also be made on his father or mother. (Sec. 10,
Rule 14)
 Domestic private juridical entity—When the defendant is a corporation, partnership or
association organized under the laws of the Philippines with a juridical personality, service
may be made on the president, managing partner, general manager, corporate secretary,
treasurer, or in-house counsel. (Sec. 11, Rule 14)
 Foreign Private Juridical Entity - AMENDMENT TO SECTION 12, RULE 14 OF THE RULES OF
COURT: The Supreme Court has adopted the use of electronic means to serve summons to
foreign corporations who are being sued in the Philippines but has no resident agent or not
registered to do business in the country.
 As a result of such amendment, summons can now be served to the foreign
private juridical entity through the afore-quoted means. Be that as it may, the
service of summons should be done with “leave of” court (permission of the
court).
 Although the Supreme Court did not specify the other forms of electronic means,
it is submitted that the use of e-mail is sufficient as long as that it can be proven in
court that the defendant has received the summon.
 Thus, A.M. No. 11-3-6 New Rule on Service of Summons on Foreign Juridical
Entities provides:
"SEC. 12.Service upon foreign private juridical entity. —When the defendant is a foreign
private juridical entity which has transacted business in the Philippines, service may be
made on its resident agent designated in accordance with law for that purpose, or, if
there be no such agent, on the government official designated by law to that effect, or
on any of its officers or agents within the Philippines.
If the foreign private juridical entity is not registered in the Philippines or has no resident
agent, service may, with leave of court, be effected out of the Philippines through any of
the following means:
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a) By personal service coursed through the appropriate court in the foreign
country with the assistance of the Department of Foreign Affairs
b) By publication once in a newspaper of general circulation in the country
where the defendant may be found and by serving a copy of the summons
and the court order by-registered mail at the last known address of the
defendant;
c) By facsimile or any recognized electronic means that could generate proof of
service; or
d) By such other means as the court may in its discretion direct. "
 Public corporations.—When the defendant is the Republic of the Philippines, service may
be effected on the Solicitor General; in case of a province, city or municipality, or like public
corporations, service may be effected on its executive head, or on such other officer or
officers as the law or the court may direct. (Sec. 13, Rule 14)
 Residents temporarily out of the Philippines.—When any action is commenced against a
defendant who ordinarily resides within the Philippines, but who is temporarily out of it,
service may, by leave of court, be also effected out of the Philippines, as under the
preceding section. (Sec. 16, Rule 14)
Arrest
Layosa v. Rodriguez, G.R. No. L-46080, 10 November 1978, 86 SCRA 300, 303; People
v. Umbrero, G.R. No. 93021, 8 May 1991, 196 SCRA 821, 829 as cited in Miranda v. Tuliao G.R.
No 158763
“Our pronouncement in Santiago shows a distinction between custody of the
law and jurisdiction over the person. Custody of the law is required before the court can
act upon the application for bail, but is not required for the adjudication of
other reliefs sought by the defendant where the mere application therefore constitutes a
waiver of the defense of lack of jurisdiction over the person of the accused.[8] Custody
of the law is accomplished either by arrest or voluntary surrender, [9] while jurisdiction
over the person of the accused is acquired upon his arrest or voluntary appearance.[10]
One can be under the custody of the law but not yet subject to the jurisdiction of the
court over his person, such as when a person arrested by virtue of a warrant files a
motion before arraignment to quash the warrant. On the other hand, one can be subject
to the jurisdiction of the court over his person, and yet not be in the custody of the law,
such as when an accused escapes custody after his trial has commenced.[11] Being in
the custody of the law signifies restraint on the person, who is thereby deprived of his
own will and liberty, binding him to become obedient to the will of the law.[12] Custody
of the law is literally custody over the body of the accused. It includes, but is not limited
to, detention.
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There is, however, an exception to the rule that filing pleadings seeking affirmative relief
constitutes voluntary appearance, and the consequent submission of one’s person to the
jurisdiction of the court. This is in the case of pleadings whose prayer is precisely for the
avoidance of the jurisdiction of the court, which only leads to a special
appearance. These pleadings are: (1) in civil cases, motions to dismiss on the ground of
lack of jurisdiction over the person of the defendant, whether or not other grounds for
dismissal are included; [18] (2) in criminal cases, motions to quash a complaint on the
ground of lack of jurisdiction over the person of the accused; and (3) motions to quash a
warrant of arrest. The first two are consequences of the fact that failure to file them
would constitute a waiver of the defense of lack of jurisdiction over the person. The third
is a consequence of the fact that it is the very legality of the court process forcing the
submission of the person of the accused that is the very issue in a motion to quash a
warrant of arrest.
To recapitulate what we have discussed so far, in criminal cases, jurisdiction over

the person of the accused is deemed waived by the accused when he files any pleading
seeking an affirmative relief, except in cases when he invokes the special jurisdiction of
the court by impugning such jurisdiction over his person. Therefore, in narrow cases
involving special appearances, an accused can invoke the processes of the court even
though there is neither jurisdiction over the person nor custody of the law. However, if a
person invoking the special jurisdiction of the court applies for bail, he must first submit
himself to the custody of the law.
In cases not involving the so-called special appearance, the general rule applies, i.e., the
accused is deemed to have submitted himself to the jurisdiction of the court upon seeking
affirmative relief. Notwithstanding this, there is no requirement for him to be in the custody of
the law. The following cases best illustrate this point, where we granted various reliefs to
accused who were not in the custody of the law, but were deemed to have placed their persons
under the jurisdiction of the court. “
RULE 113 ARREST

 Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
 How made
o An arrest is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest.
o No violence or unnecessary force shall be used in making an arrest. The person
arrested shall not be subject to a greater restraint than is necessary for his
detention.
o May be made on any day and at any time of the day or night
 Arrest by officer by virtue of warrant.—When making an arrest by virtue of a warrant,
the officer shall
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o inform the person to be arrested of the cause of the arrest and the fact that a
warrant has been issued for his arrest,
o except when he flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the arrest.
o The officer need not have the warrant in his possession at the time of the arrest
but after the arrest, if the person arrested so requires, the warrant shall be
shown to him as soon as practicable.
 Arrest without warrant; when lawful.—A peace officer or a private person may, without
a warrant, arrest a person:
o (a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
o (b) When an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the person
to be arrested has committed it; and
o (c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to another.
o In cases falling under paragraphs (a) and (b) above, the person arrested without
a warrant shall be forthwith delivered to the nearest police station or jail and
shall be proceeded against in accordance with section 7 of Rule 112.
o If a person lawfully arrested escapes or is rescued, any person may immediately
pursue or retake him without a warrant at any time and in any place within the
Philippines.
 Arrest by private person - a private person shall inform the person to be arrested of
o the intention to arrest him and the cause of the arrest,
o unless the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly resists before
the person making the arrest has opportunity to so inform him, or when the
giving of such information will imperil the arrest.
 Right of officer to break into or break out from building or enclosure
o An officer, in order to make an arrest either by virtue of a warrant, or without a
warrant as provided in section 5, may break into any building or enclosure where
the person to be arrested is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and purpose,
o Whenever an officer has entered the building, or enclosure in accordance with
the preceding section, he may break out therefrom when necessary to liberate
himself.
 Right to visit arrested person
o Any member of the Philippine Bar shall, at the request of the person arrested or
of acting in his behalf, have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour of the day or night.
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o Subject to reasonable regulations, a relative of the person arrested can also
exercise the same right
RULE 114 BAIL

 Bail is the security given for the release of a person in custody of the law, furnished by
him or a bondsman, to guarantee his appearance before any court as required under
the conditions hereinafter specified. Bail may be given in the form of corporate surety,
property bond, cash deposit, or recognizance,
 Requirements.—All kinds of bail are subject to the following conditions:
o (a) The undertaking shall be effective upon approval, and unless cancelled, shall
remain in form at all stages of the case until promulgation of the judgment of the
Regional Trial Court, irrespective of whether the case was originally filed in or
appealed to it;
o (b) The accused shall appear before the proper court whenever required by the
court or these Rules;
o (c) The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat. In
such case, the trial may proceed in absentia; and
o (d) The bondsman shall surrender the accused to the court for execution of the
final execution.
o The original papers shall state the full name and address of the accused, the
amount of the undertaking and the conditions required by this section.
o Photographs (passport size) taken within the last six (6) months showing the
face, left and right profiles of the accused must be attached to the bail.
 Transfer or Release of Detention prisoner - No person under detention by legal process
shall be released or transferred except upon order of the court or when he is admitted
to bail.
 Bail as a matter of right
o All persons in custody shall be admitted to bail as a matter of right, with
sufficient sureties, or released on recognizance as prescribed by law or this Rule
(a) before or after conviction by the Metropolitan Trial Court, Municipal Trial
Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b)
before conviction by the Regional Trial Court of
o Offense should not be punishable by death, reclusion perpetua, or life
imprisonment.
o Capital offense or an offense punishable by reclusion perpetua or life
imprisonment is not bailable when evidence of guilt is strong, regardless of the
stage of the criminal prosecution.
 Bail, discretionary
o Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary.
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o The application for bail may be filed and acted upon by the trial court despite the
filing of a notice of appeal, provided it has not transmitted the original record to
the appellate court.
o If the decision of the trial court convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for bail can only be filed
with and resolved by the appellate court.
o Should the court grant the application, the accused may be allowed to continue
on provisional liberty during the pendency of the appeal under the same bail
subject to the consent of the bondsman.
o If the penalty imposed by the trial court is imprisonment exceeding six (6) years,
the accused shall be denied bail, or his bail shall be cancelled upon a showing by
the prosecution, with notice to the accused, of the following or other similar
circumstances:
 (a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
 (b) That he has previously escaped from legal confinement, evaded
sentence, or violated the conditions of his bail without valid justification;
 (c) That he committed the offense while under probation, parole, or
conditional pardon;
 (d) That the circumstances of his case indicate the probability of flight if
released on bail; or
 (e) That there is undue risk that he may commit another crime during
the pendency of the appeal.
o The appellate court may, motu proprio or on motion of any party, review the
resolution of the Regional Trial Court after notice to the adverse party in either
case. (5a)
 Bail application
o At the hearing of an application for bail filed by a person who is in custody for
the commission of an offense punishable by death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt
is strong.
o The evidence presented during the bail hearing shall be considered automatically
reproduced at the trial but, upon motion of either party, the court may recall any
witness for additional examination unless the latter is dead, outside the
Philippines, or otherwise unable to testify.
o The court must give reasonable notice of the hearing to the prosecutor or
require him to submit his recommendation.
 Bail amount
o The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to, the following
factors:
 (a) Financial ability of the accused to give bail;
 (b) Nature and circumstances of the offense;
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 (c) Penalty for the offense charged;
 (d) Character and reputation of the accused;
 (e) Age and health of the accused;
 (f) Weight of the evidence against the accused;
 (g) Probability of the accused appearing at the trial;
 (h) Forfeiture of other bail;
 (i) The fact that the accused was a fugitive from justice when arrested;
and
 (j) Pendency of other cases where the accused is on bail.
o Excessive bail shall not be required. (9a)
o No bail shall be approved unless the surety is qualified.
o Cash bail. The accused or any person acting in his behalf may deposit in cash
with the nearest collector of internal revenue or provincial, city, or municipal
treasurer the amount of bail fixed by the court, or recommended by the
prosecutor who investigated or filed the case. Upon submission of a proper
certificate of deposit and a written undertaking showing compliance with the
requirements of section 2 of this Rule, the accused shall be discharged from
custody. The money deposited shall be considered as bail and applied to the
payment of fine and costs while the excess, if any, shall be returned to the
accused or to whoever made the deposit.
o Recognizance—Whenever allowed by law or these Rules, the court may release a
person in custody on his own recognizance or that of a responsible person.
 Bail, when not required; reduced bail or recognizance—

o No bail shall be required when the law or these Rules so provide.
o When a person has been in custody for a period equal to or more than the
possible maximum imprisonment prescribed for the offense charged, he shall be
released immediately, without prejudice to the continuation of the trial or the
proceedings on appeal.
o If the maximum penalty to which the accused may be sentenced is destierro, he
shall be released after thirty (30) days of preventive imprisonment.
o A person in custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law or any modifying circumstance, shall be released on
a reduced bail or on his own recognizance, at the discretion of the court. (16a)
 Bail, where filed
o Bail in the amount fixed may be 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
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available, with any metropolitan trial judge, municipal trial judge, or municipal
circuit trial judge therein.
o Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where
the case is pending, whether on preliminary investigation, trial, or appeal.
o (c) Any person in custody who is not yet charged in court
may apply for bail with any court in the province, city, or municipality
where he is held.
 Release on bail—
o The accused must be discharged upon approval of the bail by the judge with
whom it was filed in accordance with section 17 of this Rule.
o When bail is filed with a court other than where the case is pending, the judge
who accepted the bail shall forward it, together with the order of release and
other supporting papers, to the court where the case is pending, which may, for
good reason, require a different one to be filed. (19a)
 Forfeiture of bail.—
o When the presence of the accused is required by the court or these Rules, his
bondsmen shall be notified to produce him before the court on a given date and
time. If the accused fails to appear in person as required, his bail shall be
declared forfeited and the bondsmen given thirty (30) days within which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail.
o Within the said period, the bondsmen must:
o produce the body of their principal or give the reason for his non-production;
and
o Explain why the accused did not appear before the court when first required to
do so.
o Failing in these two requisites, a judgment shall be rendered against the
bondsmen, jointly and severally, for the amount of the bail. The court shall not
reduce or otherwise mitigate the liability of the bondsmen, unless the accused
has been surrendered or is acquitted. (21a)
 Cancellation of bail—
o Upon application of the bondsmen, with due notice to the prosecutor, the bail
may be cancelled upon surrender of the accused or proof of his death.
o The bail shall be deemed automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of conviction.
o In all instances, the cancellation shall be without prejudice to any liability on the
bail. (22a)
 Arrest of accused out on bail—
o For the purpose of surrendering the accused, the bondsmen may arrest him or,
upon written authority endorsed on a certified copy of the undertaking, cause
him to be arrested by a police officer or any other person of suitable age and
discretion.
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o An accused released on bail may be re-arrested without the necessity of a
warrant if he attempts to depart from the Philippines without permission of the
court where the case is pending.
 No bail after final judgment; exception.—
o No bail shall be allowed after a judgment of conviction has become final. If
before such finality, the accused applies for probation, he may be allowed
temporary liberty under his bail.
o When no bail was filed or the accused is incapable of filing one, the court may
allow his release on recognizance to the custody of a responsible member of the
community. In no case shall bail be allowed after the accused has commenced to
serve sentence.
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COMPLETENESS OF INITIATORY PLEADING / PERFECTION OF APPEAL
Data Set Sought:
Specify Other
Observations, if any
The completeness of the initiatory pleading and/or the perfection of the appeal process from
first level courts to the RTC have an impact on whether the court being inventoried has
acquired jurisdiction over the case and in the running of the period for prescription.
Information sought focuses on compliance with technical rules on the form and substance of
the initiatory pleading and perfection of the appeal process
 Completeness of Complaint or Information
 Certification on non-forum shopping
 Verification
 Certificate to file action from barangay
 Appeal filed within the reglamentary period and with requirements satisfied
 Payment of Docket Fees/ Compliance with Manchester Rule
 Filing of Notice of Appeal
 Filing of Record on Appeal
CIVIL CASES
General Requirements in the Filing of a Complaint:
 Signature and Address
 Verification
 Certification on non-forum shopping
Signature and address.—Every pleading must be signed by the party or counsel representing
him, stating in either case his address which should not be a post office box. The signature of
counsel constitutes a certificate by him that he has read the pleading; that to the best of his
knowledge, information, and belief there is good ground to support it; and that it is not
interposed for delay. An unsigned pleading produces no legal effect. However, the court may, in
its discretion, allow such deficiency to be remedied if it shall appear that the same was due to
mere inadvertence and not intended for delay. (Sec. 3, Rule 7, Revised Rules of Court)
Verification.—As a general rule, pleadings need not be under oath unless particularly required
by the rules. When verification is required, it means that the affiant has read the pleading and
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that the allegations therein are true and correct of his personal knowledge or based on
authentic records.
A pleading which is required to be verified but lacks proper verification shall be treated as an
unsigned plead. (Sec. 4, Rule 7, Revised Rules of Court)
Certification against forum shopping. —The plaintiff or principal party shall certify under oath
in the complaint or other initiatory pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed therewith: (a) that he has not
theretofore commenced any action or filed any claim involving the same issues in any court,
tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or
claim is pending therein; (b) if there is such other pending action or claim, a complete
statement of the present status thereof; and (c) if he should thereafter learn that the same or
similar action or claim has been filed or is pending, he shall report that fact within five (5) days
therefrom to the court wherein his aforesaid complaint or initiatory pleading has been filed.
Failure to comply with the foregoing requirements shall not be curable by mere amendment of
the complaint or other initiatory pleading but shall be cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion and after hearing.
Submission of a false certification or non-compliance with any of the undertakings therein

shall constitute indirect contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his counsel clearly constitute
willful and deliberate forum shopping, the same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well as a cause for administrative sanctions.
(n) (Sec. 5, Rule 7, Revised Rules of Court) This requirement is mandatory but not jurisdictional
(SC Bench Book for Trial Judges).
CRIMINAL CASES
Institution of criminal action17

 For offenses punishable by at least 4 years, 2 months and 1 day, no complaint or
information shall be filed without a preliminary investigation having been first conducted
 For offenses punishable by less than 4 years, 2 months and 1 day, the complaint may be
filed directly with first level courts.
 For offenses punishable by less than 4 years, 2 months and 1 day, and committed in Metro
Manila and other chartered cities where the complaint is required to be filed, the complaint
may be filed only with the Office of the Prosecutor.
17
Bench Book for Trial Judges, Volume Two, 2011, Criminal Procedure citing the Rules of Court, Rule 112 Sec 1 and
3 , as amended by A.M. No. 05-8-26-SC, effective October 3, 2005.
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Formal and Substantive Requirements for an Information
 Information charges person with offense
 One offense in the Information unless otherwise provided by law
 Elements of offense charged present
 Offense or any of its essential elements occurred in territorial jurisdiction of court
 Attach sworn written complaint to information for Concubinage, Adultery, Seduction,
Abduction, Acts of Lasciviousness, and Defamation in relation to these offenses
The complaint/information must be

 in writing,
 in the name of the People of the Philippines and
 against all persons who appear to be responsible (Section 2, Rule 110)
 must state the name and surname of accused including known nickname (Section 7, Rule
110)
 An information must charge a person with an offense, subscribed by the prosecutor and
filed with the court (Section 4, Rule 110)
 The information must state the designation of the offense, the acts or omissions
constituting the offense and specify the qualifying and aggravating circumstance.
 Must indicate that the offense or some essential ingredient of the offense committed within
the territorial jurisdiction of the court (Section 10, Rule 110)
Rule: The criminal action must be instituted and tried in the court of the municipality or
territory where the offense was committed or where any of its essential ingredients occurred.
Exceptions to this rule:

 When committed in a train, aircraft, or other public or private vehicle in the course of its
trip, the action shall be instituted in the court where such train, aircraft or other vehicle
passed (Section 15, (a), Rule 110)
 Where committed on board a vessel, the action shall be instituted in the first port of entry
or of any municipality or territory where the vessel passed, subject to generally accepted
principles of international law
 Crimes committed outside the Philippines but punishable under Art 2 of the RPC shall be
cognizable where the action is first filed. (Section 15, (a)-(d), Rule 110)
As a general rule, a sworn written complaint need not be attached to the information, except in
the following case:
 Concubinage
 Adultery
 Seduction
 Abduction
 Acts of Lasciviousness
 Defamation in relation to above 5 offenses
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 An information must charge only one offense, except when the law prescribes a single
punishment for various offenses. (Sec. 13, Rule 111)
The following grounds for a motion to quash are not waived by failure to raise them:
 that the facts charged do not constitute an offense
 that the court trying the case has no jurisdiction over the offense charged
 that the criminal action or liability has been extinguished
 double jeopardy (Sec. 9, Rule 117)
Requirements for Appeal from MTC/METC/MCTC/MTCC to RTC
Requirements for Appeal in Civil Cases

For Regular Cases
Notice of Appeal
 15 days from notice of judgment or final order
 Proper service of notice of appeal to other party/ies
 Notice of appeal must be filed within 15 days after notice to the appellant of the judgment
or final order appealed from. (Sec. 2, Rule 40)
 To the RTC which has jurisdiction over which the first level court pertains (Sec. 2, Rule 40)
 Service of notice of appeal to the other party
Form of Notice of Appeal

 Parties to the appeal
 Judgment or final order appealed upon
 Court from which appeal is taken
 Material dates showing the timeliness of the appeal – this is jurisdictional. (Sec. 5, Rule 41)
Perfection of Appeal
 Upon the filing of the notice of appeal in due time
 Within the period for taking an appeal, the appellant shall pay to the clerk of the court
which rendered the judgment or final order appealed from the full amount of the appellate
court docket and other lawful fees. Proof of payment thereof shall be transmitted to the
appellate court together with the original record or the record on appeal, as the case may
be. (Sec. 5, Rule 40)
Requirements for Appeal in Criminal Cases
Notice of Appeal
 15 days from promulgation or from notice
 Not allowed if Double Jeopardy
 Appeal from MTC, MCTC, METC, MTCC is to RTC in the same territorial jurisdiction
| 64
 The appeal shall be by filing a notice of appeal with the court which rendered the judgment
or final order appealed from and by serving a copy thereof upon the adverse party. If
personal service of the copy of the notice of appeal cannot be made upon the adverse party
or his counsel, service may be done by registered mail or by substituted service
 An appeal must be taken within fifteen (15) days from promulgation of the judgment or
from notice of the final order appealed from. This period for perfecting an appeal shall be
suspended from the time a motion for new trial or reconsideration is filed until notice of the
order overruling the motion has been served upon the accused or his counsel at which time
the balance of the period begins to run.
 Appeal will not be allowed if double jeopardy will set in. Generally, a judgment of acquittal
or an order granting demurrer to evidence is a bar against an appeal by virtue of the rule on
double jeopardy.
Double Jeopardy
“Double jeopardy attaches if the following elements are present: (1) a valid complaint or
information; (2) a court of competent jurisdiction; (3) the defendant had pleaded to the charge;
and (4) the defendant was acquitted or convicted or the case against him was dismissed or
otherwise terminated without his express consent. However, jurisprudence allows for certain
exceptions when the dismissal is considered final even if it was made on motion of the accused,
to wit:
(1) Where the dismissal is based on a demurrer to evidence filed by the accused after the
prosecution has rested, which has the effect of a judgment on the merits and operates as an
acquittal.
(2) Where the dismissal is made, also on motion of the accused, because of the denial of his
right to a speedy trial which is in effect a failure to prosecute.
The only instance when the accused can be barred from invoking his right against double
jeopardy is when it can be demonstrated that the trial court acted with grave abuse of
discretion amounting to lack or excess of jurisdiction, such as where the prosecution was not
allowed the opportunity to make its case against the accused or where the trial was a sham. For
instance, there is no double jeopardy (1) where the trial court prematurely terminated the
presentation of the prosecution's evidence and forthwith dismissed the information for
insufficiency of evidence; and (2) where the case was dismissed at a time when the case was
not ready for trial and adjudication.” (Bangayan vs. Bangayan, G.R. No. 172777 and G.R. No.
172792, October 19, 2011)
For Special Proceedings and Multiple Appeals
Record on Appeal
 30 days from notice of judgment or final order
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 Service of Record of Appeal to other party
Appellant shall file a record on appeal within thirty (30) days after notice of the judgment or
final order to the RTC which has jurisdiction over which the first level court pertains (Sec. 2,
Rule 40)
Service of record on appeal to the other party
Content of record on appeal:

 Full name of all parties to the proceeding
 Judgment or final order from which appeal is taken in chronological order copies of only
such pleadings, petitions, motions and all interlocutory orders as are related to the
appealed judgment or final order for the proper understanding of the issue involved,
 Together with such data as will show that the appeal was perfected on time.
 If an issue of fact is to be raised on appeal, the record on appeal shall include by reference
all the evidence, testimonial and documentary, taken upon the issue involved. Every record
on appeal exceeding twenty (20) pages must contain a subject index. (Sec. 6, Rule 41)
 A party’s appeal by record on appeal is deemed perfected as to him with respect to the
subject matter thereof upon the approval of the record on appeal filed in due time. In
appeals by record on appeal, the court loses jurisdiction only over the subject matter
thereof upon the approval of the records on appeal filed in due time and the expiration of
the time to appeal of the other parties.
 Within the period for taking an appeal, the appellant shall pay to the clerk of the court
which rendered the judgment or final order appealed from the full amount of the appellate
court docket and other lawful fees. Proof of payment thereof shall be transmitted to the
appellate court together with the original record or the record on appeal, as the case may
be. (Sec. 5, Rule 40)
Dismissal of Appeals
 Prior to the transmittal of the original record or the record on appeal to the appellate court,
the trial court may motu proprio or on motion dismiss the appeal for having been taken out
of time, or for non-payment of the docket and other lawful fees within the reglamentary
period. (Sec. 13, Rule 41)
 Implications of dismissal order from first level court is on lack of jurisdiction
 If trial did not take place
o If the RTC affirms the dismissal for lack of jurisdiction and it has jurisdiction, the RTC
shall try the case on the merits as if it was originally filed therein
o If the RTC reverses the order for dismissal, it shall remand the case for further
proceeding In case of reversal, the case shall be remanded for further proceedings
 If trial took place
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o If the RTC affirms the dismissal for lack of jurisdiction and it has jurisdiction, the
Regional Trial Court on appeal shall not dismiss the case if it has original jurisdiction
thereof, but shall decide the case in accordance with the preceding section, without
prejudice to the admission of amended pleadings and additional evidence in the
interest of justice. (Sec. 8, Rule 40)
Certification on non-forum shopping18
Republic of the Philippines )
Forum shopping Quezon City ) S.S.
 Occurs “whenever, as a result of an
adverse opinion in one forum, a party CERTIFICATION ON NON-FORUM SHOPPING
I, Mr. Juan dela Cruz, of legal age, Filipino,
seeks a favorable opinion (other than by
married and with address at #12 K-10 Street
appeal or certiorari) in another.19” East Kamias, Quezon City, after having been
 “..occurs when a party attempts to have duly sworn to in accordance with law do
his action tried in a particular court or hereby depose and say:
jurisdiction where he feels he will receive 1. That I am the plaintiff in the above entitled
the most favorable judgment or verdict. case.
In our jurisdiction, it has taken the form 2. That I have caused the preparation of the
foregoing Complaint.
of filing multiple petitions or complaints
3. That I certify that I have not commenced
involving the same issues before two or any other action or proceeding involving
more tribunals or agencies in the hope the same issues in the Supreme Court,
that one or the other court would make a Court of Appeals, or any other tribunal or
favorable disposition20 agency.
 ..there exists: 4. That if I should hereafter learn that a
o identity of parties, or at least such similar action or proceeding has been filed
or is pending before any other tribunal or
parties as represent the same
agency, I undertake to report that fact
interests in both actions within five (5) days therefrom to the court
o identity of rights asserted and or agency wherein the original pleading
relief prayed for, the relief being and sworn certification have been filed.
founded on the same facts; and 5. I executed this certification to attest to the
o the identity of the two preceding truth of the foregoing facts and to comply
particulars is such that any with the provisions of the rules of court,
orders and circulars of the Honorable
judgment rendered in the pending
Supreme Court.
case, regardless of which party is
successful would amount to res IN WITNESS WHEREOF I have hereunto affixed
judicata21 my signature this __ day of ____ 2013, Quezon
Certification against forum shopping City
 Executed by the plaintiff or principal Mr. Juan dela Cruz
Affiant
party, not the counsel. If plaintiff is a
SUBSRCIBED AND SWORN to before me this __
day of ____ 2013 affiant exhibiting to me his
18
Supra note 4. ________(ID)_____ .
Villanueva v. Adre, G.R. No. 80863, 172 SCRA 876, as cited in Doc
Tan.No. ___;
19
Melo v. Court of Appeals, G.R. No 123686, 318 SCRA 94, as cited inNo.
Page Tan___; NOTARY PUBLIC
20
21
Young v. Spouses Sy, 503 SCRA 151 as cited in Riano Book No. ___;
Series of 2013.
| 67
juridical entity, certification to be executed by the properly authorized person, who has
personal knowledge of the facts required to be
disclosed in the certification against forum
shopping22 Republic of the Philippines )
Quezon City ) S.S.
Rationale against forum shopping –
 A party should not be allowed to pursue VERIFICATION
simultaneous remedies in two different for a. I, Mr. Juan dela Cruz, of legal age, Filipino,
Filing multiple petitions or complaints constitutes married and with address at #12 K-10 Street East
abuse of court processes Kamias, Quezon City, after having been duly
sworn to in accordance with law do hereby
 Rule proscribing forum shopping seeks to depose and say:
“promote candor and transparency among 1. That I am the plaintiff in the above
lawyers and their clients in the pursuit of their entitled case.
case before the courts 2. That I have caused the preparation of
the foregoing Complaint.
3. That the allegations in the said
Pleadings requiring Certification23 complaint are true and correct of my
 Applies to the complaint and other initiatory own knowledge and authentic records.
pleadings asserting a claim for relief
 Original complaint IN WITNESS WHEREOF I have hereunto affixed
my signature this __ day of ____ 2013, Quezon
 Permissive counterclaim City
 Cross claim Mr. Juan dela Cruz
 Third (fourth, etc.) party complaint Affiant
 Complaint in Intervention SUBSRCIBED AND SWORN to before me this __
day of ____ 2013 affiant exhibiting to me his
 Petition ________(ID)_____ .
 Any other application in which a party asserts his
claim for relief Doc No. ___;
Page No. ___; NOTARY PUBLIC
Book No. ___;
Not needed in
Series of 2013.
 Compulsory counterclaim - not an initiatory
pleading
 Answer with counterclaim – is a responsive
pleading, filed to counter petitioners’’ complaint
that already initiates the civil action
Effect of Non Compliance with Rule on Certification

against Forum Shopping24
Failure to comply with the required certification is not curable by a mere amendment and shall
be a cause for the dismissal of the action, without prejudice, upon motion and hearing.
22
National Steel Corporation v. CA, 388 SCRA 85, 91-92 as cited in Riano
23
Riano
24
Riano
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Verification
Verification25 is “intended to secure an assurance that the allegations in a pleading are true and
correct and not the product of the imagination or a matter of speculation, and that the pleading
is filed in good faith26.”
Verification is done through an affidavit declaring that Affiant/ Plaintiff has read the pleading
and Affiant/ Plaintiff attests that the allegations are true and correct of his personal knowledge
or based on authentic records.
Effect of lack verification

 Pleading without proper verification shall be treated as an unsigned pleading and thus it
produces no legal effect27
 Verification needs to comply with the requirement --- allegations true and correct based on
personal knowledge and not just based on information and belief nor upon knowledge
information and belief.
 Does not render the pleading fatally defective. Verification is only a formal and not a
jurisdictional requirement – thus it affects only the form of the pleading.
 The court may order its submission or correction --- in order that the ends of justice may be
served thereby
Pleadings that should be verified under the Rules28

 Petition for relief from judgment or order
 Petition for Review from RTC to CA
 Petition for Review from CTA and quasi judicial to CA
 Appeal by certiorari from CA to SC
 Petition for annulment of judgments or final orders and resolutions
 Complaint for injunction
 Application for appointment or receiver
 Application for support pendent lite
 Petition for certiorari against the judgments, final orders or resolution of constitutional
commissions
 Petition for certiorari
 Petition for prohibition
 Petition for mandamus
 Petition for quo warranto
 Complaint for expropriation
 Complaint for forcible entry or unlawful detainer
25
Riano
26
Sarmiento v. Zaratan, 514 SCRA 246
27
Section 3 and 4, Rule 7, Rules of Court
28
Tan
| 69
 Petition for indirect contempt
 Petition for appointment of a general Republic of the Philippines
guardian Quezon City
 Petition for leave to sell or encumber Barangay Central
property of an estate by a guardian
OFFICE OF THE BARANGAY CAPTAIN
 Petition for the declaration of Mr. Juan dela Cruz,
competency of a ward Complainant BGY CASE No
 Petition for habeas corpus - versus -
Mr. Juan en Onle,
 Petition for change of name
Respondent.
 Petition for voluntary judicial
dissolution of a corporation CERTIFICATE TO FILE ACTION
 Petition for cancellation or
correction of entries in the civil This is to certify that Complainant Mr. Juan dela Cruz,
and respondent Mr. Juan en Onle failed to or refused
registry to
_____ Obey summons or appear for hearing
Referral of the Case with the Barangay _____ No settlement was reached
_____ Settlement has been repudiated
General Rule: No complaint petition,
And therefore, the corresponding complaint between
action or proceedings involving any eh parties may now be filed in court/ government
matter within the authority of the Lupon agency concerned.
shall be filed or instituted directly or
indirectly in court or in any other This __ day of _______ 2013.
government office for adjudication, _________________
LUPON / PANGKAT
unless there has been a confrontation Secretary
between the parties before the Lupon Attested by:
chairman or the pangkat, and that no _______________
conciliation or settlement has been Lupon/ Pangkat Chairman
reached (Sec 412, RA 7160)
Types of Cases Referred:

 Offense penalty is imprisonment of
less than or equal to one (1) year
 Offense penalty is fine of less than or equal to PHP 5,000
 Private offended party
 Dispute about real properties located in same city/ municipality OR adjoining barangays of
different cities or municipalities
Exceptions:
 One party is government
 One party is a public officer and dispute is in relation to performance of official duty
 Offenses punishable by imprisonment exceeding 1 year or a fine exceeding Five Thousand
Pesos (> 1 year / > Php5,000)
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 No private offended party
 Dispute is about real properties located in different cities/ municipalities unless parties
agree to amicable settlement
 Disputes involving parties actually residing in barangays of different cities or municipalities
except if barangays adjoining
 Other disputes which President may determine upon recommendation of DOJ Secretary
Effect of Non Referral

 Non-referral of a case for barangay conciliation is not jurisdictional in nature and may
therefore be deemed waived if not raised seasonably in a motion to dismiss.
Payment of Docket Fees / Manchester Rule

The non-payment of the prescribed filing fees at the time of the filing of the complaint or other
initiatory pleading fails to vest jurisdiction over the case in the trial court. Yet, where the
plaintiff has paid the amount of filing fees assessed by the clerk of court, and the amount paid
turns out to be deficient, the trial court still acquires jurisdiction over the case, subject to the
payment by the plaintiff of the deficiency assessment.
(Fedman Development Corporation vs. Agcaoili, G.R. No. 165025, August 31, 2011)
Old rule: A case is deemed filed only upon payment of the docket fee otherwise the court will
not acquire jurisdiction over the case. (Manchester Dev’t. Corp. vs. CA, G.R. No. 75919, May 1,
1987).
Modification of Manchester rule:

“When the filing of the initiatory pleading is not accompanied by payment of docket fee, the
court may allow payment of the fee within a reasonable time but not beyond the applicable
prescriptive or reglamentary period
The same rule applies to permissive counterclaims, cross claims, third-party claims and similar
pleadings
When the trial court acquires jurisdiction over a claim by the filing of the appropriate pleading
and payment of the prescribed filing fee but subsequently the judgment awards a claim not
specified, the additional filing fee shall constitute a lien on the judgment.”
(1 Regalado 68, citing Sun Insurance vs. Asuncion, G.R. Nos. 79937-38, Feb. 13, 1989)
Where found:
 Initiatory Pleading
 Permissive counterclaim
 Cross claim
 Third (fourth, etc.) party complaint
 Complaint in Intervention
 Petition
 Certificate to File Action
| 71
 Any other application in which a party asserts his claim for relief
 Receipt of payment of Docket Fees
Relevant Provision of the Rules of Court / Supreme Court decisions / Supreme Court Circulars:
Already incorporated in the previous discussion. The provisions may be found in:
Rule 7
Rule 40
Rule 41
Rule 110
Rule 111
Rule 117
| 72
PRESCRIPTION
Data Set Sought
Specify Other
Prescription of Civil Action

 “In the early case of US v. Serapio, this Court held that under the Civil Code, the prescription
of an action refers to the time within which an action must be brought after the right of
action has accrued. The prescriptive statutes serve to protect those who are diligent and
vigilant, not those who sleep on their rights.
 “The rationale behind the prescription of actions is to prevent fraudulent and stale claims
from springing up at great distances of time, thus surprising the parties or their
representatives when the facts have become obscure from the lapse of time or the
defective memory or death or removal of the witnesses. Prescription applies even to the
most meritorious claims.
 “Prescription as understood and used in this jurisdiction does not simply mean a mere lapse
of time. Rather, there must be a categorical showing that due to plaintiff’s negligence,
inaction, lack of interest, or intent to abandon a lawful claim or cause of action, no action
whatsoever was taken, thus allowing the statute of limitations to bar any subsequent suit.”
 (Pablo R. Antonio Jr., v. Engr. Emilio M. Morales, G.R. 165552, January 23, 2007)
 By prescription, one acquires ownership and other real rights through the lapse of time
(acquisitive) in accordance with law. In the same manner, rights and conditions are also lost
with the lapse of time (extinctive). Civil Code Art. 1106
 Actions prescribe by the mere lapse of time (Civil Code Art. 1139)
 The prescription of actions is interrupted when they are filed before the Court, when there
is a written extrajudicial demand by the creditor, when there is written acknowledgement
of the debt by the debtor (Civil Code Art.1155)
Prescription of Criminal Offense

 As prescription of the crime is the loss or waiver of the State’s right to prosecute an act
prohibited and punished by law.
 From the moment the state has lost or waived such right, the defendant may, at any stage
of the proceeding, demand and ask that the same be finally acquitted
 (People v. Moran, 44 Phil. 387 as cited in People v. Pascual Castro. G.R. L-6407, July 29, 1954
and Rafael Yapdiangco v. Hon. Concepcion B. Buencamino and Hon. Justiniano Cortez,
G.R.L-28841, June 24, 1983.)
| 73
 Statute of limitations is given by the State. It is surrendering by act of grace its rights to
prosecute, and declaring the offense to be no longer the subject of prosecution. The statute
is not a statute of process, but an amnesty, declaring that after a certain time oblivion shall
be cast over the offense; that the offender shall be at liberty to return to his country, and
resume his immunities as a citizen; and that from henceforth he may cease to preserve the
proofs of his innocence, for the proofs of his guilt are blotted out.
 (People v. Moran 44 Phil. 405-406; emphasis supplied as cited in Rafael Yapdiangco v. Hon.
Concepcion B. Buencamino and Hon. Justiniano Cortez, G.R.L-28841, June 24, 1983).
 Statutes of limitations are construed as acts of grace, and surrender by the sovereign of its
right to prosecute or of its right to prosecute at its discretion. Such statutes are considered
as equivalent to acts of amnesty founded on the liberal theory that prosecutions should not
be allowed to ferment endlessly in the files of the government to explode only after
witnesses and proofs necessary for the protection of the accused have by sheer lapse of
time passed beyond availability. The periods fixed under such statutes are jurisdictional and
are essential elements of the offenses covered. (People v. Panfilo Lacson, G.R. 149453,
April 1, 2003)
Effect of Prescription of Action/ Prescription of Offense
Civil cases
 Before the filing of the Answer to the Complaint or Pleading, a motion to dismiss may be
made on the ground that the cause of action is barred by the statute of limitations (Rules of
Court, Rule 16, Sec 1 (f)).
 Statutes barring civil remedy by suit abate the right which such remedy would enforce and
perfects the title which such remedy would invade.
 In civil suits the statute is interposed by the legislature as an impartial arbiter between two
contending parties. In the construction of the statute, therefore, there is no intendment to
be made in favor of either party. Neither grants the right to the other; there is therefore no
grantor against whom the ordinary presumptions of construction are to be made.
Criminal Cases
 "This, in effect, enacts that when the specified period shall have arrived, the right of the
state to prosecute shall be gone, and the liability of the offender to be punished. To be
deprived of his liberty...shall cease. Its terms not only strike down the right of action which
the state had acquired by the offense, but also remove the flaw which the crime had
created in the offender’s title to liberty. In this respect, its language goes deeper than
statutes barring civil remedies usually do. They expressly take away only the remedy by
suit, and that inferentially is held to abate the right which such remedy would enforce, and
perfect the title which such remedy would invade; but this statute is aimed directly at the
very right which the state has against the offender. The right to punish, as the only liability
which the offender has incurred, and declares that this right and this liability are at an end.
| 74
" (People v. Penile Lacson, G.R. 149453, April 1, 2003 quoting the US State Supreme Court of
Illinois)
 The accused may move to quash the complaint or information on the ground that the
criminal action or liability has been extinguished. If the accused fails to move to quash
based on the ground of prescription of offense, it shall not be deemed a waiver of
objections. (Rules of Court, Rule 117, Sec. 1(g) and Sec. (9)).
Where Found
 Complaint
 Information
Relevant Provisions of the Rules of Court / Supreme Court Decisions / Supreme Court
Circulars
Prescription of Civil Actions
Relating to Ownership of Property and Other Real Rights

ACTION LEGAL BASIS PERIOD OF PRESCRIPTION
Action to recover Art. 1140, New Civil Code eight years from the time the
Movables possession of the movable is lost,
unless the possessor has acquired the
ownership by prescription for a less
period in accordance with the Civil
Code
Real actions over Art. 1141, New Civil Code thirty years
immovables
mortgage action Art. 1142, New Civil Code ten years
In Relation to Contracts and Other Right of Action

ACTION BASED ON A LEGAL BASIS PERIOD OF PRESCRIPTION
written contract Art. 1144 (1), New Civil Ten years
Code
obligation created by Art. 1144 (2), New Civil Ten years
law Code
Judgment Art. 1144 (3), New Civil Ten years
Code
Oral contract Art. 1145 (1), New Civil Six years
Code
Quasi contract Art. 1145 (2), New Civil Six years
Code
Injury to the rights of Art. 1146 (1), New Civil Four years
the plaintiff Code
| 75
Quasi-delict Art. 1146 (2), New Civil Four years
Code
Forcible entry and Art. 1147 (1), New Civil One year
unlawful detainer Code
Defamation Art. 1147 (2), New Civil One year
Code
All other actions whose Art. 1149, New Civil Code Five years from the time the right of
period is not fixed action accrues
Prescription of Crimes
Penalty/Crime Prescription
Death, Article 90, Revised 20 years
Reclusion Perpetua, Penal Code
Reclusion Temporal
Afflictive Penalties 15 years
Perpetual or Temporary Absolute
Disqualification, Perpetual or Temporary
Special Disqualification, Prision Mayor
Correctional Penalties 10 years
Prision Correctional, Suspension,
Destierro
Arresto Mayor 5 years
Arresto Menor, 1 year
Public Censure
Libel & other similar offenses 1 year
Oral Defamation/ 6 months
Slander by Deed
Light Offenses 2 months
Computation of Prescription of Offenses

 Shall commence to run from the day on which the crime is discovered by the offended
party, the authorities, or their agents,
 Shall be interrupted by the filing of the complaint or information
 Shall commence to run again when such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him
 The term of prescription shall not run when the offender is absent from the Philippine
archipelago29.
29
Article 91, Revised Penal Code.
| 76
 “We should at first observe that a mistake is sometimes made in applying to statutes of
limitation in criminal suits the construction that has been given to statutes of limitation in
civil suits. The two classes of statutes, however, are essentially different. In civil suits the
statute is interposed by the legislature as an impartial arbiter between two contending
parties. In the construction of the statute, therefore, there is no intendment to be made in
favor of either party. Neither grants the right to the other; there is therefore no grantor
against whom the ordinary presumptions of construction are to be made. But it is otherwise
when a statute of limitation is granted by the State. Here the State is the grantor,
surrendering by act of grace its rights to prosecute, and declaring the offense to be no
longer the subject of prosecution. The statute is not a statute of process, to be scantily and
grudgingly applied, but an amnesty, declaring that after a certain time oblivion shall be cast
over the offense; that the offender shall be at liberty to return to his country, and resume
his immunities as a citizen; and that from henceforth he may cease to preserve the proofs
of his innocence, for the proofs of his guilt are blotted out. Hence it is that statutes of
limitation are to be liberally construed in favor of the defendant not one because such
liberality of construction belongs to all acts of amnesty and grace, but because the very
existence of the statute is a recognition and notification by the legislature of the fact that
time, while it gradually wears out proofs and innocence has assigned to it fixed and positive
periods in which it destroys proofs of guilt. Independently of these views, it must be
remembered that delay in instituting prosecutions is not only productive of expense to the
State, but of peril to public justice in the attenuation and distortion, even by mere natural
lapse of memory, of testimony. It is the policy of the law that prosecutions should be
prompt and that statutes enforcing such promptitude should be vigorously
maintained. They are not merely acts of grace, but checks imposed by the State upon itself,
to exact vigilant activity from its subalterns and to secure for criminal trials the best
evidence that can be obtained. (People v. Moran 44 Phil. 405-406; emphasis supplied as
cited in Rafael Yapdiangco v. Hon. Concepcion B. Buencamino and Hon. Justiniano Cortez,
G.R.L-28841, June 24, 1983).
 Revised Penal Code. Art. 91. Computation of prescription of offenses. — The period of
prescription shall commence to run from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and shall be interrupted by the filing of the
complaint or information, and shall commence to run again when such proceedings
terminate without the accused being convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him. The term of prescription shall not run when the offender is
absent from the Philippine Archipelago.
SECTION 1. Defenses and objections not pleaded.—Defenses and objections not pleaded
either in a motion to dismiss or in the answer are deemed waived. However, when it appears
from the pleadings or the evidence on record that the court has no jurisdiction over the
subject matter, that there is another action pending between the same parties for the same
cause, or that the action is barred by a prior judgment or by statute of limitations, the court
shall dismiss the claim. (2a) (Rules of Court, Rule 9).
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Prescription of Penalties
Process30
The penalties imposed by final sentence prescribe as follows:
Death and reclusion perpetua 20 years

Other afflictive penalties 15 years
Correctional penalties except Arresto Mayor 10 years
Arresto Mayor 5 years
Light penalties 1 year
Computation31
 The period of prescription of penalties shall commence to run from the date when the
culprit should evade the service of his sentence
 It shall be interrupted if the defendant should give himself up, be captured, and should go
to some foreign country with which this Government has no extradition treaty, or should
commit another crime before the expiration of the period of prescription.
30
31
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SERVICE OF SENTENCE IN DETENTION
Data Set Sought
Criminal Cases
ARREST
COMMIT-
RELEASE
DATE BONDED MENT
ORDER
ORDER
 If an accused is in detention, and has already served the maximum imposable penalty of the
crime charged in the Information, the accused shall immediately be released, without
prejudice to the continuation of the trial. (Rule 114, Rules of Court)
 If detention period is equivalent to the minimum penalty of the crime charged, the accused
may be released at a reduced bail or on his own recognizance, at the discretion of the court.
(Rule 114, Rules of Court)
 Period of detention shall be credited in the service of their sentence.
Where Found
Warrant of Arrest
Information
Circulars
 Revised Penal Code Article 29. Period of preventive imprisonment deducted from term of
imprisonment. — Offenders who have undergone preventive imprisonment shall be
credited in the service of their sentence consisting of deprivation of liberty, with the full
time during which they have undergone preventive imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted
prisoners, except in the following cases:
o 1. When they are recidivists or have been convicted previously twice or more times
of any crime; and
o 2. When upon being summoned for the execution of their sentence they have failed
to surrender voluntarily.
 If the detention prisoner does not agree to abide by the same disciplinary rules imposed
upon convicted prisoners, he shall be credited in the service of his sentence with four-fifths
of the time during which he has undergone preventive imprisonment. (As amended by
Republic Act 6127, June 17, 1970).
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 Whenever an accused has undergone preventive imprisonment for a period equal to or
more than the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the accused may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment. (As
amended by E.O. No. 214, July 10, 1988).
 Rules of Court, Rule 114

o SEC. 16. Bail, when not required; reduced bail or recognizance.-—No bail shall be
required when the law or these Rules so provide. When a person has been in
custody for a period equal to or more than the possible maximum imprisonment
prescribed for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the
maximum penalty to which the accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive imprisonment. A person in custody for a
period equal to or more than the minimum of the principal penalty prescribed for
the offense charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court. (16a)
o SEC. 25. Court supervision of detainees.—The court shall exercise supervision over
all persons in custody for the purpose of eliminating unnecessary detention. The
executive judges of the Regional Trial Courts shall conduct monthly personal
inspections of provincial, city, and municipal jails and the prisoners within their
respective jurisdictions. They shall ascertain the number of detainees, inquire on
their proper accommodation and health and examine the condition of the jail
facilities. They shall order the segregation of sexes and of minors from adults, ensure
the observance of the right of detainees to confer privately with counsel, and strive
to eliminate conditions inimical to the detainees.
In cities and municipalities to be specified by the Supreme Court, the municipal trial
judges or municipal circuit trial judges shall conduct monthly personal inspections of
the municipal jails in their respective municipalities and submit a report to the
executive judge of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation shall be submitted by the executive judges to the
Court Administrator which shall state the total number of detainees, the names of
those held for more than thirty (30) days, the duration of detention, the crime
charged, the status of the case, the cause for detention, and other pertinent
information. (25a)
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Table of Penalties
Penalties
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualifications
11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and
12. Public censure.
 Notwithstanding the provisions of the rule next preceding, the maximum duration of the
convict’s sentence shall not be more than three-fold the length of time corresponding to
the most severe of the penalties imposed upon him. No other penalty to which he may be
liable shall be inflicted after the sum total of those imposed equals the same maximum
period.
 Such maximum period shall in no case exceed forty years. In applying the provisions of this
rule the duration of perpetual penalties (pena perpetua) shall be computed at thirty years.
Republic Act 7659

Sec. 21. Article 27 of the Revised Penal Code, as amended, is hereby amended to read as
follows:
Art. 27.
Reclusion perpetua. The penalty of reclusion perpetua 20 years 1 day – 40 years
shall be from twenty years and
one day to forty years.
Reclusion temporal. The penalty of reclusion temporal 12 years 1 day – 20 years
shall be from twelve years and
one day to twenty years.
Prision mayor and temporary The duration of the penalties of 6 years 1 day – 12 years
disqualification. prision mayor and temporary
disqualification shall be from six
years and one day to twelve years,
except when the penalty of
disqualification is imposed as an
accessory penalty, in which case,
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it shall be that of the principal
penalty.
Prision correccional, The duration of the penalties of 6 months 1 day – 6 years
suspension, and destierro. prision correccional, suspension,
and destierro shall be from six
months and one day to six years,
except when the suspension is
imposed as an accessory penalty,
in which case, its duration shall be
that of the principal penalty.
Arresto mayor. The duration of the penalty of 1 month 1 day – 6 months
arresto mayor shall be from one
month and one day to six months.
Arresto menor. The duration of the penalty of 1 day – 30 days
arresto menor shall be from one
day to thirty days.
Bond to keep the peace. The bond to keep the peace shall
be required to cover such period
of time as the court may
determine.
Divisible Penalties and Periods

Act No. 3815
TABLE SHOWING THE DURATION OF DIVISIBLE PENALTIES AND THE TIME INCLUDED IN EACH
OF THEIR PERIODS
TIME INCLUDED
TIME INCLUDED TIME INCLUDED TIME INCLUDED
IN ITS
PENALTIES IN THE PENALTY IN ITS MINIMUM IN ITS MEDIUM
MAXIMUM
IN ITS ENTIRETY PERIOD PERIOD
PERIOD
14 yrs 8 mos 1 17 yrs 4 mos 1
Reclusion 12 years 1 day to 12 years 1 day to
day to 17 yrs 4 day
Temporal 20 years 14 years 8 mos
mos To 20 years
Prision mayor,
Absolute
Disqualification, 6 years 1 day to 6 years 1 day to 8 years 1 day to 10 years 1 day to
Special 12 years 8 years 10 years 12 years
Temporary
Disqualification
Prision 6 months 1 day 6 months 1 day 2 yrs 4 mos 1 day 4 years 2 mos 1
correccional, to to to day
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Suspension, 6 years 2 years 4 months 4 years 2 mos To 6 years
Destierro
1 month 1 day to 2 months 1 day 4 months 1 day
Arresto mayor 1 – 2 months
6 months to 4 months to 6 months
Arresto menor 1 day to 30 days 1 to 10 days 11 to 20 days 21 to 30 days.
Repeal of Death Penalty, Effect on Penalties

Republic Act 8177
 The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No.
Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act
Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand
Six Hundred Fifty-Nine (R.A. No. 7659), otherwise known as the Death Penalty Law, and all
other laws, executive orders and decrees, insofar as they impose the death penalty are
hereby repealed or amended accordingly.
 In lieu of the death penalty, the following shall be imposed.
o (a) the penalty of reclusion perpetua, when the law violated makes use of the
nomenclature of the penalties of the Revised Penal Code; or
o (b) the penalty of life imprisonment, when the law violated does not make use of the
nomenclature of the penalties of the Revised Penal Code.
o Not eligible for Parole. Person convicted of offenses punished
with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua,
by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise
known as the Indeterminate Sentence Law, as amended.
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RIGHT TO SPEEDY TRIAL
Data Set Sought
FIRST DATE OF ACTUAL HEARING

ARREST ARRAIGNMENT PRE-TRIAL
FIRST SETTING OF
DATE OF ARREST
NO. OF SETTINGS
DATE ACTUALLY
FIRST SETTING
INITIAL ORDER
DATE OF PRE-
SETTING ARR.
FIRST NOTICE
COMMITMENT
TRIAL ORDER
ACTUAL ARR.
CONDUCTED
RELEASE
BONDED
ORDER
ORDER
ARR.
 Unreasonable delay from the filing of the information

 Number and Justification of Postponements of Trials
No less than the 1987 Philippine Constitution sets forth the right of every party litigant to the
speedy disposition of their cases before all judicial, quasi-judicial or administrative agencies.
The Constitution likewise guarantees the same in criminal proceedings and the High Court’s
decisions especially in protecting the right of those in detention stems from the presumption of
innocence of the accused.
The Supreme Court issued A.M. No. 12-11-2-SC Guidelines for Decongesting Holding Jails by
Enforcing the Rights of Accused Persons to Bail and to Speedy Trial last March 18, 2014. The
guidelines shall take effect on May 1, 2014 after publication in a newspaper of general
circulation, and shall apply to all accused persons under preventive detention.
Definition of Speedy Trial

It has been defined in case law as a trial “…free from vexatious, capricious and oppressive
delays, its "salutary objective" being to assure that an innocent person may be free from the
anxiety and expense of a court litigation or, if otherwise, of having his guilt determined within
the shortest possible time compatible with the presentation and consideration of whatsoever
legitimate defense he may interpose. Intimating historical perspective on the evolution of the
right to speedy trial, we reiterate the old legal maxim, "justice delayed is justice denied." This
oft-repeated adage requires the expeditious resolution of disputes, much more so in criminal
cases where an accused is constitutionally guaranteed the right to a speedy trial.32”
32
Tan v. People, G.R. No. 173637, April 21, 2009, 586 SCRA 139.
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The concept33 of speedy trial is “necessarily relative and determination of whether the right
has been violated must be based on the balancing of various factors. Length of delay is certainly
a factor to consider; but other factors must also be considered such as the reason for delay, the
effort of the defendant to assert his right, and prejudice caused by the defendant. One begins
to count the delay of the trial only after the filing of the information. Moreover, the delay
contemplated by the constitution is unreasonable delay.34”
Effect of a finding that the right to speedy trial has been violated
Entitles the accused to dismissal of the case
If he is under detention, to release by habeas corpus
Manner of Counting
Period included in counting of delay

Date Date Court Date Date Pre- Date First day Latest
Informati Acquired Arraigned Trial received of Trial trial Date
on Filed Jurisdictio And Pre Trial
n over Order
Accused
# of Days # of days # of days
from from from First
Information Receipt day of
to of Pre Trial to
Arraignment Trial Latest
Order to date of
# of days from First day Trial
acquiring of Trial
Jurisdiction to
Arraignment
Period Excluded from counting the delay

Date Date Motion Hearings on Pre Orders of Absence or Other
Motion to to Quash/ Trial Motions Inhibition, Unavailability allowed
Quash or Motion for Change of of Accused or Exclusions
Motion for Bill of Venue, Transfer Witness under Rule
Bill of Particulars from other 119
Particulars resolved/ courts -
filed / Date / Date if initiated by
suspension suspension the accused35
occurred terminated
33
Bernas, J., S.J., 1987 Philippine Constitution Reviewer
34
Martin v. General Fabian Ver, G.R. No. 62810 July 25, 1983
35
Mari vs. Gonzales, G.R. 187728, September 12, 2011
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# of days # of days to # of days from # of days # of days
from filing to resolve pretrial motion to
resolution of motions inhibit, change
Motion to of venue or
Quash/ Bill of transfer, to
Particulars or issuance of
suspension order
occurred
Add: Periods included in counting of Delay

- Less: Period Excluded from counting delay
= = = = = = = = = = = = = = = = = = = =
Period to be Assessed if there is a violation of Right to Speedy Trial
Raffle of case Case of the accused shall be raffled and referred to the trial court to which it is
assigned within three (3) days from the filing of information
A.M. No. 12-11-2-SC Guidelines for Decongesting Holding Jails by Enforcing the
Rights of Accused Persons to Bail and to Speedy Trial
Information Arraignment of accused shall be held within thirty (30) days from filing of the
and information, OR
Arraignment From the date the accused has appeared before the justice, judge, court in
which the charge is pending, whichever date last occurs (Speedy Trial Act of
1998)
Under the new guidelines - A.M. No. 12-11-2-SC Guidelines for Decongesting
Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy
Trial
The Court shall arraign the accused within ten (10) days from the date of the
raffle.
Arraignment Arraignment and Pre Trial held within 30 days from the date the court
and Pre Trial acquires jurisdiction over the person, If accused pleads not guilty to crime
charged (SC Circ. 38-98)
(Jurisdiction over the person is acquired through Arrest or Service of
Summons)
Trial
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The Court shall hold the pre-trial conference within thirty (30) days from
arraignment, or within ten (10) days if the accused is under preventive
detention
Preparation After plea of not guilty is entered, accused shall have at least 15 days to
for Trial prepare
Trial commences within 30 days from receipt of pre trial order
Within the first 3 years of effectivity of rule (Sep 15,1998 to Sep 14,2001),
trial to commence 180 days (year 1), 120 days (year 2), 80 days year (3) from
date of receipt of pre trial order)
Trial
After the pre-trial conference, the court shall set the trial of the case in the
pre-trial order not later than thirty (30) days from the termination of the pre-
trial conference;
Trial Continuous trial on a weekly or other short term trial calendar at the earliest
possible time
In no case shall the entire trial period exceed 180 days from the first day of
trial
Trial
The Court shall terminate the regular trial within one hundred eighty (180)
days, or the trial by judicial affidavits within sixty (60) days, reckoned from
the date trial begins, minus the excluded delays or postponements specified in
Rule 119 of the Rules of Court and the Speedy Trial Act of 1998.
Order for New Commence within 30 days from notice of order,

Trial Extendable to 180 days if period impractical due to unavailability of witnesses
/other factors
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Exclusions36
The following periods of delay are excluded in computing the time within which accused is
arraigned
 Pendency of a Motion to Quash
 Pendency of a Motion for Bill of Particulars
 Other causes justifying suspension
The following periods of delay are excluded in computing the time within which trial must
commence:
 Other proceedings concerning the accused:
o examination, and hearing on mental competency, or physical incapacity
o trials with respect to charges against the accused;
o interlocutory appeals;
o hearings on pre-trial motions: does not exceed 30 days
o orders of inhibition, change of venue or transfer from other courts;
o prejudicial question; and
o any period, not to exceed 30 days, during which any proceeding concerning the
accused is actually under advisement.
 Absence or unavailability of the accused or essential witness.
o Absent - when whereabouts are unknown and, in addition, attempting to avoid
apprehension or prosecution or whereabouts cannot be determined by due
diligence.
o Unavailable - whenever whereabouts are known but presence for trial cannot be
obtained by due diligence or resists appearing at or being returned for trial.
 Accused is mentally incompetent or physically unable to stand trial.
 Information dismissed upon motion of the prosecution and thereafter charge filed for the
same offense, or any offense required to be joined with that offense, delay from the date
the charge was dismissed to the date the time limitation would commence to run as to the
subsequent charge had there been no previous charge.
 Accused is joined for trial with a co-accused over whom the court has not acquired
jurisdiction, or as to whom the time for trial has not run and no motion for severance has
been granted.
 Continuance granted motu proprio or on motion or at the request of the public prosecutor,
if granted on the basis of his/her findings that the ends of justice served by taking such
action outweigh the best interest of the public and the defendant in a speedy trial. court
sets forth reasons
In the case of Drug Courts, a stricter and narrower period is provided by RA 9165:
SEC. 90. Jurisdiction
. –The Supreme Court shall designate special courts from among the existing Regional
Trial Courts in each judicial region to exclusively try and hear cases involving violations of
36
Rule 116 and Rule 119, Rules of Court incorporating SC Circular 38-98
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this Act. The number of courts designated in each judicial region shall be based on the
population and the number of cases pending in their respective jurisdiction. The
Department of Justice shall designate special prosecutors to exclusively handle cases
involving violations of this Act.
The preliminary investigation of cases filed under this Act shall be terminated within a
period of thirty (30) days from the date of their filing. When the preliminary investigation
is conducted by a public prosecutor and a probable cause is established, the
corresponding information shall be filed in court within twenty-four (24) hours from the
termination of the investigation. If the preliminary investigation is conducted by a judge
and a probable cause is found to exist, the corresponding information shall be filed by
the proper prosecutor within forty-eight (48) hours from the date of receipt of the
records of the case.
Trial of the case under this Section shall be finished by the court not later than sixty (60)
days from the date of the filing of the information. Decision on said cases shall be
rendered within a period of fifteen (15) days from the date of submission of the case for
resolution.
The following table shows a comparison of periods under RA 9165, RA 8493 and the Rules of
Court
Sec 90 Rule 116 Rule 116 Speedy Trial

RA 9165 Preventive Rule 118 RA 8493
Detention Rule 119
Preliminary 30 days
Investigation from filing
Information PI done by
Prosecutor –
File w/in 24 hours
from termination of
investigation
PI done by Judge –
File w/in 48 hours
from receipt of
records
Raffle 3 days
From filing of
information
Arraignment 10 days 30 days 30 days
From date of From acquiring from information
raffle jurisdiction or accused
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appears before
justice/ judge/
court
Pre Trial 10 days 30 days After
Conference From From acquiring arraignment
arraignment jurisdiction/
After
arraignment
Pre Trial 10 days After Pre Trial
Order from end of Pre Conference
Trial
Conference1
Trial 30 days 30 days
Commence From receipt of From
Pre Trial Order arraignment
Trial 60 days 180 days 180 days
Duration from date of filing From day of first From day of first
of information trial trial
Decision 15 days 90 days 90 days 90 days
From date of From submission From submission From submission
submission for of case for of case for of case for
resolution decision2 decision decision
Balancing Test37
In weighing whether the delay has been vexatious, capricious and oppressive, the following
factors that should be considered and balanced:
(1) length of delay;
(2) reasons for the delay;
(3) assertion or failure to assert such right by the accused; and
(4) prejudice caused by the delay.
Factors for Granting Continuance

 would be likely to make a continuation of such proceeding impossible, or result in a
miscarriage of justice.
 case taken as a whole is so novel, so unusual and so complex, due to the number of accused
or the nature of the prosecution or otherwise,
 unreasonable to expect adequate preparation within the periods of time established by this
Act.
37
Dela Peña vs. Sandiganbayan, G.R. No. 144542, June 29, 2001, 360 SCRA 478.
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Rules on Provisional Dismissal
Elements
 The prosecution with the express conformity of the accused or the accused moves for a
provisional (sin perjuicio) dismissal of the case; or both the prosecution and the accused
move for a provisional dismissal of the case.
 The offended party is notified of the motion for a provisional dismissal of the case.
 The court issues an order granting the motion and dismissing the case provisionally.
 The public prosecutor is served with a copy of the order of provisional dismissal of the case.
(People vs. Lacson, G.R. No. 149453. April 1, 2003)
Rationale for the Rule

“The raison d’ etre for the requirement of the express consent of the accused to a provisional
dismissal of a criminal case is to bar him from subsequently asserting that the revival of the
criminal case will place him in double jeopardy for the same offense or for an offense
necessarily included therein.” (People vs. Lacson, G.R. No. 149453. April 1, 2003)
How Consent is Given

 “Express consent to a provisional dismissal is given either viva voce or in writing. It is a
positive, direct, unequivocal consent requiring no inference or implication to supply its
meaning. Where the accused writes on the motion of a prosecutor for a provisional
dismissal of the case No objection or with my conformity, the writing amounts to express
consent of the accused to a provisional dismissal of the case. The mere inaction or silence
of the accused to a motion for a provisional dismissal of the case or his failure to object to a
provisional dismissal does not amount to express consent.
 A motion of the accused for a provisional dismissal of a case is an express consent to such
provisional dismissal.” (People vs. Lacson, G.R. No. 149453. April 1, 2003)
Lapse into a Permanent Dismissal

 The provisional dismissal of offenses punishable by imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall become permanent one (1) year after issuance
of the order without the case having been revived.
 With respect to offenses punishable by imprisonment of more than six (6) years, their
provisional dismissal shall become permanent two (2) years after issuance of the order
without the case having been revived. (Sec. 8, Rule 117)
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Effect of a Provisional Dismissal
 The provisional dismissal of a criminal case is without prejudice to the re-filing of the case.
Thus, there is no adjudication on the merits. Double jeopardy does not set if the case is re-
filed within the time-bar.
 “The case may be revived by the State within the time-bar either by the re-filing of the
Information or by the filing of new Information for the same offense or an offense
necessarily included therein. There would be no need of a new preliminary investigation.
However, in a case wherein after the provisional dismissal of a criminal case, the original
witnesses of the prosecution or some of them may have recanted their testimonies or may
have died or may no longer be available and new witnesses for the State have emerged, a
new preliminary investigation must be conducted before an Information is re-filed or a new
Information is filed. A new preliminary investigation is also required if aside from the
original accused, other persons are charged under a new criminal complaint for the same
offense or necessarily included therein; or if under a new criminal complaint, the original
charge has been upgraded; or if under a new criminal complaint, the criminal liability of the
accused is upgraded from that as an accessory to that as a principal. The accused must be
accorded the right to submit counter-affidavits and evidence. After all, “the fiscal is not
called by the Rules of Court to wait in ambush; the role of a fiscal is not mainly to prosecute
but essentially to do justice to every man and to assist the court in dispensing that justice.”
(People vs. Lacson, G.R. No. 149453. April 1, 2003)
Revival of a Case
 Re-filing the information or filing of a new information for the same offense necessarily
included therein without need of a new preliminary investigation unless the original
witnesses of the
 Prosecution or some of them may have recanted their testimonies or may no longer be
available and new witnesses for the State have emerged
 A new preliminary investigation is also required if aside from the original accused, other
persons are charged under a new criminal complaint for the same offense or necessarily
included therein
 Under a new criminal complaint, the criminal liability of the accused is upgraded from
that of an accessory to that of a principal
 Under a new criminal complaint, the charge has been upgraded
Where Found
Information
Service of Summons / Report on Arrest
Minutes of Arraignment
Orders stating Justification of Postponements of Trials and Resetting
Circulars
 1987 Constitution, Section 14(2), Article III
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No person shall be held to answer for a criminal offense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is
proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the
nature and cause of the accusation against him, to have a speedy, impartial, and public trial,
to meet the witnesses face to face, and to have compulsory process to secure the
attendance of witnesses and the production of evidence in his behalf. However, after
arraignment, trial may proceed notwithstanding the absence of the accused: Provided that
he has been duly notified and his failure to appear is unjustifiable
 1987 Constitution, Section 16, Article III
All persons shall have the right to a speedy disposition of their cases before all judicial,
quasi-judicial, or administrative bodies.
 Revised Rules of Criminal Procedure, Rule 119 and Rule 116
 Supreme Court Circular 38-98, August 11, 1998
 Rules of Court, Rule 117
Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed except with the
express consent of the accused and with notice to the offended party. The provisional
dismissal of offenses punishable imprisonment not exceeding six (6) years or a fine of any
amount, or both, shall become permanent one (1) year after issuance of the
order without the case having been revived. With respect to
offenses punishable by imprisonment of more than six (6) years,
their provisional dismissal shall become permanent two (2) years after issuance of the
order without the case having been revived.
 Violations against the Right to Speedy Trial
A.M. no. 00-8-05-SC (January 31, 2002) RE: Problem of delays in cases before the
Sandiganbayan
 “Rule 3.05 of Canon 3 of the Code of Judicial Conduct admonishes all judges to dispose of
the Court’s business promptly and decide cases within the required periods. All judges must
be reminded that a case should be decided within ninety days from its submission;
otherwise, the judge would be guilty of gross inefficiency and neglect of duty. Failure to
render a decision beyond the ninety day (90) period from the submission of the case for
decision is detrimental to the honor and integrity of his office and in derogation of a speedy
administration of justice.”
 The new Code of Judicial Conduct, which took effect on June 1, 2004, has sec. 5 of canon 6,
on competence and diligence.
 SEC. 5. Judges shall perform all judicial duties, including the delivery of reserved decisions,
efficiently, fairly and with reasonable promptness.
In Canson v. Garchitorena, 38the SC admonished a Sandiganbayan presiding justice that any act
that would deprive a party of the right to a just and speedy trial shall be dealt with severely.
38
370 Phil. 287 [1999]
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 “The members of the judiciary have the sworn duty to administer justice without undue
delay. For failing to do so, respondent judge has to suffer the consequences of his omission.
Any delay in the disposition of cases undermines the people’s faith in the judiciary. The
Court has consistently impressed upon members of the judiciary the need to decide cases
promptly and expeditiously under the time-honored precept that justice delayed is justice
denied. It is the duty of every judge to resolve cases filed before him with good dispatch.
Failure to decide the case within the reglementary period is not excusable and constitutes
inefficiency warranting the imposition of administrative sanctions on the defaulting judge.
 “X xx Once again we reiterate that tired old legal maxim, justice delayed is justice denied. It
need not be overemphasized that this oft-repeated adage requires the expeditious
resolution of disputes much more so in criminal cases where an accused is constitutionally
guaranteed the right to a speedy trial, which, as defined is one “[c]onducted according to
the law of criminal procedure and the rules and regulations, free from vexatious, capricious
and oppressive delays.”The primordial purpose of this constitutional right is to prevent the
oppression of the accused by delaying criminal prosecution for an indefinite period of time.
It, likewise, is intended to prevent delays in the administration of justice by requiring judicial
tribunals to proceed with reasonable dispatch in the trial of criminal prosecutions.”
In Roque v. Ombudsman (May 12, 1999),39 the court said that delay of the ombudsman in the
disposition of the case is a violation of the aggrieved party’s constitutional rights.
 “Clearly, the delay of almost six years disregarded the ombudsman’s duty, as mandated by
the Constitution40 and Republic Act No. 6770, to act promptly on complaints before
him. More important, it violated the petitioners’ rights to due process and to a speedy
disposition of the cases filed against them. Although respondents attempted to justify the
six months needed by Ombudsman Desierto to review the recommendation of Deputy
Ombudsman Gervasio, no explanation was given why it took almost six years for the latter
to resolve the Complaints. “
In Angchangco, Jr. V. Ombudsman,41 the court dismissed a complaint that had been pending
before the office of the ombudsman for more than six years:
 “After a careful review of the facts and circumstances of the present case, the Court finds
the inordinate delay of more than six years by the Ombudsman in resolving the criminal
complaints against petitioner to be violative of his constitutionally guaranteed right to due
39
G.R. No. 129978. Available at http://sc.judiciary.gov.ph/jurisprudence/1999/may99/129978.htm
40
“The Ombudsman and his deputies, as protectors of the people, shall act promptly on complaints filed in any
form or manner against public officials or employees of the Government, or any subdivision, agency or
instrumentality thereof, including government-owned or controlled corporations, and shall, in appropriate cases,
notify the complainants of the action taken and the results thereof.” (Section 12, Article XI of the 1987
Constitution)
41
268 SCRA 301, 304, February 17, 1997
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process and a speedy disposition of the cases against him, thus warranting the dismissal of
said criminal cases...
 “xxxAlthough petitioners prayed only for the issuance of a ruling directing the dismissal of
Ombudsman Case Nos. OMB-MIN-91-0201 and OMB-MIN-91-0203, this Court, in the
interest of the speedy disposition of cases, resolves to dismiss the above cases directly. This
ruling is in line with Angchangco, in which the Court dismissed the complaints outright,
although petitioner therein sought merely to compel the ombudsman to do so.”
Similarly, in Tatad v. Sandiganbayan,42 this court dismissed the complaints, which the
then Tanodbayan was able to resolve only after the lapse of three years since the cases had
been submitted for disposition:
 “We find the long delay in the termination of the preliminary investigation by the
Tanodbayan in the instant case to be violative of the constitutional right of the accused to
due process. Substantial adherence to the requirements of the law governing the conduct
of preliminary investigation, including substantial compliance with the time limitation
prescribed by the law for the resolution of the case by the prosecutor, is part of the
procedural due process constitutionally guaranteed by the fundamental law. Not only
under the broad umbrella of the due process clause, but under the constitutional guarantee
of ‘speedy disposition’ of cases as embodied in Section 16 of the Bill of Rights (both in the
1973 and the 1987 Constitutions), the inordinate delay is violative of the petitioner’s
constitutional rights. A delay of close to three (3) years cannot be deemed reasonable or
justifiable in the light of the circumstances obtaining in the case at bar.
 “x xx the inordinate delay in terminating the preliminary investigation and filing the
information in the instant case is violative of the constitutionally guaranteed right of the
petitioner to due process and the speedy disposition of cases against him. Accordingly, the
informations x xx should be dismissed x xx.”
Ocampo v. Bibat-Palamos (March 6, 2007)43 also discusses the bases for determining delay:
 “Article VIII, Section 15, par. 1 of the 1987 Constitution states:
All cases or matters filed after the effectivity of this Constitution must be decided or
resolved within twenty four months from date of submission for the Supreme Court, and,
twelve (12) months for all lower collegiate courts, and three (3) months for all other lower
courts.
 Further, Paragraph 2 of the said Section further states:
A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
 As may be gleaned above, lower court judges are to dispose of the court’s business
promptly and decide cases within three (3) months or ninety (90) days from the filing of the
last pleading, brief or memorandum.
42
159 SCRA 70, 82, March 21, 1988
43
A.M. No.MTJ-06-1655. Available at http://sc.judiciary.gov.ph/jurisprudence/2007/march2007/MTJ-06-1655.htm
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As a rule, the prescribed periods for the performance of certain acts must be followed with
fealty as they are designed primarily to speed up the final disposition of the case. Such
reglementary periods are indispensable interdictions against needless delays and for an
orderly discharge of judicial business. Deviations from the rules cannot be tolerated. More
importantly, its observance cannot be left to the whims and caprices of the parties. Xxx
 Reglementary periods are fixed by law and the various issuances of this Court are designed
not only to protect the rights of all the parties to due process but also to achieve efficiency
and order in the conduct of judicial business. Unless these periods have been arbitrarily
disregarded by judges, there is no reason to hold them liable for undue delay.”
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MANDATORY MEDIATION44
Data Set Sought

Criminal Case
MEDIATION
SUCCESSFUL
ORDER DATE
RESULT
FOR RETURNED
MEDIATION TO COURT
(Y/N)
Civil Case
MEDIATION
SUCCESSFUL
DATE
ORDER FOR RESULT
RETURNED
MEDIATION
TO COURT
(Y/N)
General Rule:
Mandatory for all mediatable cases
 Court Annexed Mediation as practiced in the Philippines is an enhanced pre-trial procedure

that involves settling mediatable cases filed in court with the assistance of a mediator who
has been accredited by the Philippine Supreme Court45.
 All civil cases, settlement of estates, cases covered by the Rule on Summary Procedure,
except those which by law may not be compromised
 Cases covered by the Lupong Tagapamayapa under the Katarungang Pambarangay Law
 Civil aspect of B.P. 22 cases
 Civil aspect of quasi-offenses under Title 14 of the Revised Penal Code
 Civil aspect of estafa and libel cases where damages are sought46
Mediation Process47. Court annexed mediation Court-annexed mediation in the Philippines, is

a part of pre-trial. (A.C. No. 20-2002, April 24, 2002). Upon appearance of the parties during
44
Sec. 6, RA 9285, Alternative Dispute Resolution Act of 2004.
45
Hon. Ameurfina Melencio Herrera. Court Annexed Mediation (CAM) – Making it Work, The Philippine
Experience. Presentor is the Chancellor Philippine Judicial Academy presented at the International Conference and
Showcase on Judicial Reforms, Parallel Session C, November 29, 2005, Makati Shangri-la.
46
AM No. 04-2-04 SC, July 20, 2004, effective August 16, 2004
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pre-trial in cases covered by mediation, the Judge shall immediately direct the parties (with or
without counsel) to appear before the Philippine Mediation Center (PMC) unit located in the
court house or within its premises for initial mediation conference. The referral is MANDATORY.
(Administrative Circular No. 20-2002, April24, 2002)
Exception: The following cases shall not be subject to the rule on mandatory mediation
 Labor disputes covered by Presidential Decree No. 442, otherwise known as the Labor Code
of the Philippines, as amended and its Implementing Rules and Regulations;
 The civil status of persons;
 The validity of a marriage;
 Any ground for legal separation;
 The jurisdiction of courts;
 Future legitime;
 Criminal liability; and
 Those, which by law, cannot be compromised
Where Found
 Orders issued by court during Pre Trial stage
 Mediator’s Report to Court
 Mediator’s Certificate on failed mediation
Circulars
RA 9285
(l) "Court-Annexed Mediation" means any mediation process conducted under the auspices of
the court, after such court has acquired jurisdiction of the dispute;
(m) "Court-Referred Mediation" means mediation ordered by a court to be conducted in

accordance with the Agreement of the Parties when as action is prematurely commenced in
violation of such agreement;
47
Deputy Court Administrator Bernardo T. Ponferrada. Court Annexed Mediation in the First and Second Level Trial
Courts. Presenter was the Head of the Judicial Reforms Office, PHILJA and presented at the Ninth Lecture of The
Chief Justice Hilario G. Davide, Jr. Distinguished Lecture Series, September 29, 2005, San Beda College, Mendiola,
Manila.
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PLEA BARGAINING
Data Set Sought
Specify Other
Plea bargaining is “the process whereby the accused and the prosecutor in a criminal case work
out a mutually satisfactory disposition of the case subject to court approval. It usually involves
the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a
multi-count indictment in turn for a lighter sentence than that for the graver charge. 48”
Plea bargaining is required by the Rules of Court to be included during the mandatory Pre Trial
Conference of the proceedings. (Sec. 1(a) Rule 118, Rules of Court). However, it may also be
allowed during the trial proper and even after the prosecution has finished presenting its
evidence and rested its case. Thus the Court has held that it is immaterial that plea bargaining
was not made during the pre trial stage or that it was made only after the prosecution
already presented several witnesses.49
 The Rules of Court allow the accused to plead guilty to a lesser offense included in the
offense charged during the pre-trial (Sec. 1, Rule 116) or the arraignment with the
consent of the offended party and the prosecutor. (Sec. 2, Rule 116)
 The accused is also allowed to plead guilty to a lesser offense before trial (Sec. 2, Rule
116) and even during trial or even after the prosecution has rested its case. (Daan vs.
Sandiganbayan, G.R. No. 163972-77, March 28, 2008 citing People vs. Mamarion)
 No amendment of the complaint or information is necessary. (Sec. 2, Rule 116)
Plea bargaining is NOT ALLOWED in violations of the Dangerous Drugs Act where the imposable
penalty is reclusion perpetua.
A conviction under the plea shall be equivalent to a conviction to the original offense charged
for the purpose of double jeopardy. (Riano, Criminal Procedure, p. 443 citing People vs. Magat
G.R. No. 130026, May 31, 2000)
Where Found
 Pre trial Agreement
 Orders of the Court during trial
48
Ferdinand A. Tan. Handbook on Criminal Procedure and Pleadings quoting Sec 2(a) Rule 118, Rules of Court.
49
Joselito Raniero J. Daan v. Sandiganbayan, G.R. Nos 163972 77, March 28, 2008.
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Circulars
Rules of Court
Rule 118, Sections 1 and 2
Rule 116, Sections 1 and 2
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PRE TRIAL
Data Set Sought
Civil Cases
PRE-TRIAL
DATE
DATE OF
FIRST FIRST NO. OF
ACTUALLY PRE-
NOTICE SETTING SETTINGS
CONDUCTED TRIAL
ORDER
Criminal Cases
PRE-TRIAL
DATE
DATE OF
FIRST FIRST NO. OF
ACTUALLY PRE-
CONDUCTED TRIAL
ORDER
Pre trial is a mandatory stage in both civil cases and in criminal cases.
Cognizable by first level (MTC, MCTC, MeTC) and second level (RTC) courts.
Civil Cases
 Pre Trial is essential in the simplification and the speedy disposition of disputes and the non
observance of the rules may result in prejudice to a party’s substantive right50.
 Pre Trial is mandatory in nature for civil cases aimed at arriving at possible amicable
settlement, submission to alternative modes of dispute resolution, simplification of issues
and mattes which may aid in the prompt disposition of the civil action51
 Pre Trial is conducted “after the last pleading has been served and filed.52”
 The Rules provide that the appearance of parties during the pre trial conference is a duty,
and their non appearance must only be if a valid cause is shown or if there is a
50
Tiu v. Middleton, 369 Phil 829 and Saguid v. CA, 403 SCRA 678 as cited in Tan, Handbook on Civil Procedure
51
Sec. 2 Rule 18, Rules of Court
52
Sec 1, Rule 18, Rules of Court
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representative who is authorized in writing to enter into possible amicable settlement,
alternative dispute resolution, stipulations and admissions of facts and of documents53.
The effect of non-appearance of a party in the pre-trial conference

 Non appearance of the plaintiff54shall be cause for dismissal of the action. The dismissal
shall be with prejudice, unless otherwise ordered by the court
 Non appearance of the defendant shall be cause to allow the plaintiff to present his
evidence ex-parte and the court to render judgment based on that
 Improper authorization of representative has the effect of a party’s nonappearance
 The filing of a Pre Trial Brief on the scheduled Pre trial conference is likewise mandatory. If
the parties fail to submit their Pre Trial Briefs, this shall have the same effect as
non-appearance
o If by plaintiff > shall be cause for dismissal of the action, with prejudice
o If by defendant > allows plaintiff to present evidence ex parte
Criminal Cases
 Pre Trial conference in the case of criminal proceedings is a mechanism to ensure narrowing
of issues to be tried, securing stipulations as to matters and evidence to be heard and to
take all other steps necessary to aid in disposition of the cases.
 The court shall order a Pre Trial conference “after arraignment and within thirty (30) days
from the date the court acquires jurisdiction over the person of the accused, unless a shorter
period is provided for in special laws.55”
o If the accused is under preventive detention56,
 his case shall be raffled and records transmitted within 3 days from filing
of complaint or information.
 Arraignment shall be within 10 days from date of raffle.
 Pre trial conference shall be held within 10 days after arraignment unless
shorter period is provided by law.
 If the counsel for the accused or the prosecutor fail to appear at the pre trial conference and
does not offer an acceptable excuse, the court may impose proper sanctions or penalties57
Where Found
 Order for Pre Trial Conference
 Pre Trial Brief
 Pre Trial Agreement
 Pre Trial Order
53
Sec 4 Rule 18, Rules of Court
54
Sec 5 Rule 18, Rules of Court
55
Sec 1 Rule 118 Rules of Court
56
A.M. 03-1-09 -SC
57
Sec 3 Rule 118 Rules of Court and Sec 5 Circ 38-98 as cited in Tan, Handbook on Criminal Procedure
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Circulars
Rules of Court
Sections 2, 4 and 5, Rule 18
Rule 118
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MODES OF DISCOVERY
Data Set Sought
Specify Other
Concept
 Rules providing for pre trial discovery of testimony, pre trial inspection of documentary
evidence and other tangible things and the examination of property and person, were an
important innovation in the rules of procedure. It supplements pleadings for the purpose of
disclosing the real point of dispute between the parties and affords adequate factual basis
in preparation for trial58.
 Courts are required to issue an order requiring parties to manifest that they have availed or
intend to avail themselves of discovery procedures or referral to commissioners59.
 It is a device that aids in narrowing and clarifying basic issues between the parties. It is a
device to aid in ascertaining the facts relative to those issues. It avoids civil trials to be
carried out in the dark”
 Mutual discovery of the evidence of the adverse party facilitates an amicable settlement or
expedites the trial of the case.
Purpose
 Enable 60a party to obtain knowledge of material facts within knowledge of the adverse
party or third parties through depositions
 Obtain knowledge of material facts or admissions from adverse parties through written
interrogatories
 Obtain admissions from adverse party regarding genuineness of relevant documents
through requests for admission
 Inspect relevant documents or objects and lands or other property in the possession or
control of the adverse party
 Determine the physical or mental condition of a party when such is in controversy
58
Fortune Corporation v. CA, G.R. no. 108119, January 19, 1994 229 SCRA 355 as cited by Justice Magdangal M. De
Leon, Modes of Discovery Outline
59
A.M. No. 03-1-09-SC RE: Proposed Rule on Guidelines to be Observed by Trial Court Judges and Clerks of Court
in the Conduct of Pre Trial and Use of Deposition - Discovery Measures by Justice Magdangal M. De Leon, Modes
of Discovery Outline
60
Ibid.
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Effect of Refusal to Comply with Modes of Discovery
Sec 3. Rule 29 Rules of Court provides that if a party or officer or managing agent of a party
refuses to obey an order by the Court related to discovery measures without any valid
justification, the Court may go as far as giving out an “Order striking out pleadings or parts
thereof, or staying further proceedings until the order is obeyed, or dismissing the action or
proceeding or any part thereof or rendering a judgment by default against the disobedient
party;”
Where Found
Orders of the Court during Pre Trial stage
Pre Trial Order
Circulars
Rule 24 to Rule 29, Rules of Court
A.M. No. 03-1-09-SC RE: Proposed Rule on Guidelines to be Observed by Trial Court Judges and
Clerks of Court in the Conduct of Pre Trial and Use of Deposition-Discovery Measures
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ARCHIVING OF CASES
Data Set Sought
Civil Case
SUMMONS MEDIATION JDR
ORDER
ACTUA DATE ORDER DATE SUCCESSFU SUCCESSFU
ORDE RE
DAT L DATE OF FOR RETURNE L RESULT L RESULT
R FOR RESUL
E SERVE RETUR MEDIATIO D TO
JDR T OF
D N N COURT (Y/N) (Y/N)
JDR
Criminal Case
WARRANT OF ARREST ARREST
DATE OF
FORWARD- ALIAS COMMIT-
RELEASE
DATE ED TO RETURN WARRANT DATE BONDED MENT
ORDER
POLICE OF ORDER
ARREST
MEDIATION JDR
SUCCESSFUL ORDER SUCCESSFUL

ORDER DATE ORDER
RESULT RE RESULT
FOR RETURNED FOR
RESULT
MEDIATION TO COURT JDR
(Y/N) OF JDR (Y/N)
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Special Proceedings
INCIDENTS SUBMITTED FOR RESOLUTION
"NC" if due to non-
GRANTED indicate
TITLE OF MOTION/
FOR RESOLUTION
FILED PER PARTY
DATE SUBMITTED
compliance, "O" if
for other reasons,
If Barred, indicate
no indication; "0"
RESOLUTION ON
COURSE indicate
BARRED indicate
MOTION ISSUED
not applicable or
MOTION ("NA" if
"B"/ GIVEN DUE
PURPOSE OF
HEARING ON
OPPOSITION
"G"/ DENIED
DATE FILED
indicate "D"
COMMENT/
DATE/S OF
scheduled/
postponed
indication
"NI" if no
if not yet
MOTION
MOTION
MOTION
NO. OF
DATE
"G"
Civil cases
In civil cases, the court may motu proprio or upon motion, order that a civil case be archived
only in the following instances:
 When the parties are in the process of settlement in which case, the proceedings may be
suspended and the case archived for a period not exceeding 90 days. The case shall be
included in the trial calendar on the day immediately following the lapse of the suspension
period.
 When an interlocutory order or incident in the civil case is elevated to, and is pending
resolution/decision for an indefinite period before a higher court which has issued a
temporary restraining order or writ of preliminary injunction.
 When defendant, without fault or neglect of plaintiff, cannot be served with summons
within six months from issuance of original summons.
Criminal Cases
A criminal case may be archived only if, after the issuance of the warrant of arrest, the accused
remains at large for six months from the delivery of the warrant to the proper peace officer. An
order archiving the case shall require the peace officer to explain why the accused was not
apprehended. The court shall issue an alias if the original warrant of arrest is returned by the
peace officer together with the report.
The court, motu proprio, or upon motion of any party, may likewise archive a criminal case
when proceedings therein are ordered suspended for an indefinite period because:
 the accused appears to be suffering from an unsound mental condition which effectively
renders him unable to fully understand the charge against him and to plead intelligently or
to undergo trial, and he has to be committed to a mental hospital;
 a valid prejudicial question in a civil action is invoked during the pendency of the criminal
case unless the civil and the criminal cases are consolidated;
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 an interlocutory order or incident in the criminal case is elevated to, and is pending
resolution/decision for an indefinite period before a higher court which has issued a
temporary restraining order or writ of preliminary injunction; and
 when the accused has jumped bail before arraignment and cannot be arrested by his
bondsmen
General Provisions
 Copies of the Order archiving the case shall be furnished the parties.
 A special docket shall be maintained to record the cases, both criminal and civil, that have
been archived.
 A periodic review of the archived cases shall be made by the Presiding Judge.
 The Presiding Judge shall, motu proprio or upon motion by any party, order the
reinstatement/revival of an archived case and its withdrawal from the archives whenever
the same is ready for trial or further proceedings
 The Branch Clerk of Court shall submit to the Office of the Court Administrator, a
consolidated list of archived cases not later than the first week of January of every year.
Where Found
Special Docket of Archived cases
Order directing archiving of case
Circulars
SC Administrative Circular No. 7-A-92 issued on June 21, 1993
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FAILURE TO PROSECUTE
Data Set Sought
Civil Cases
PRE-TRIAL
DATE
ACTUALLY
FIRST FIRST NO. OF
CONDUCTED DATE OF PRE-TRIAL ORDER
POSTPONEMENT BEFORE TRIAL PROPER
AND PARTY; (D) NON

CASE EVENT DUE TO THE ABSENCE OF THE
REQUIRED; (E) NOT

DATE EVENT RE-
PARTY; (C) COURT

DUE TO OTHER
DUE TO FORCE
(A) COURT; (B)

POSTPONED
SCHEDULED
FINE PAID TO:
APPLICABLE
MAJEURE
REASON
(I.E.
DEFENDANT/
PLAINTIFF/
COUNSEL
COUNSEL
ARRAIGNMENT,
WITNESS
DATE
JUDGE
PTC, HEARING
ON MOTION,
PRELIM. CONF.,
OTHER)
Special Proceedings
POSTPONEMENT
FINE PAID
DUE TO THE ABSENCE OF THE
DUE TO OTHER REASONS
DUE TO FORCE MAJEURE
TO:
(A)
DATE EVENT RE-
COURT; (B)
SCHEDULED
PARTY; (C)
RESPONDENT
PETITIONER/
COURT
COUNSEL
WITNESS
DATE AND
JUDGE
PARTY; (D)
NON
REQUIRED;
(E) NOT
APPLICABL
E
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Civil Cases
 Plaintiff’s non-appearance must be equated with unwillingness to proceed with trial as
when both plaintiff and counsel made no appearance at all. This delay or failure to proceed
must be for an unreasonable length of time beyond the reasonable allowance, which by
judicial leniency a litigant is normally entitled.61
 Unreasonable length of time rests in the sound discretion of the court and depends upon
circumstances of each case.62
 Procedurally speaking, when a complaint is dismissed for failure to prosecute and the
dismissal is unqualified, said dismissal has the effect of adjudication on the merits.63
Criminal Cases
 Relate to Right to Speedy Trial
 If the accused is not brought to trial within the time limit required by Section 1(g) Rule 116
and Section 1 as extended by Section 6 of this rule, the information may be dismissed on
motion of the accused on the ground of denial of his right to speedy trial (Sec 9, Rule 119
Rules of Court)
 Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the
right to dismiss under this section
Grounds
Failure of plaintiff to appear without justifiable cause on the date of the presentation of his
evidence
Failure of plaintiff to prosecute his action for an unreasonable length of time
Failure of plaintiff to comply with the Rules of Court or any order of the court
Where Found
Summons and Court Orders setting the Trial Hearing dates
Minutes of Trials indicating reason for postponements
Circulars
Rule 17, Rules of Court. Dismissal of Actions
SEC. 3.Dismissal due to fault of plaintiff. — If, for no justifiable cause, the plaintiff fails to
appear on the date of the presentation of his evidence in chief on the complaint, or to
prosecute his action for an unreasonable length of time, or to comply with these Rules or
any order of the court, the complaint may be dismissed upon motion of the defendant or
upon the court’s own motion, without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a separate action. This dismissal shall have
the effect of adjudication upon the merits, unless otherwise declared by the court.
61
Gapoy vs. Adil, 81 SCRA 739, 745 (1978)
62
Racimo vs. Dino, 69 SCRA 421 (1976)
63
Olivares v. Gonzales, et al., G.R. 34500, March 18, 1988; Denoso, et al. v. Court of Appeals, G.R. No. 32141, July 29, 1988; Vallangca v. Court of Appeals, G.R. No.
55336, May 4, 1989
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COMPLIANCE WITH SPECIAL REQUIREMENTS
Data Set Sought
Specify Other
Other requirements which need to be complied with are provided by law on specific cases.
The following section discusses the specific requirements on particular cases.
Annulment and Legal Separation
Legal Separation
 May only be filed by husband or wife64

 Prescription: 5 years after occurrence of cause of action:
a) Repeated physical violence or grossly abusive conduct directed against the petitioner, a
common child, or a child of the petitioner;
b) Physical violence or moral pressure to compel the petitioner to change religious or
political affiliation;
c) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of
the petitioner, to engage in prostitution, or connivance in such corruption or
inducement;
d) Final judgment sentencing the respondent to imprisonment of more than six years, even
if pardoned; (e)
e) Drug addiction or habitual alcoholism of the respondent;
f) Lesbianism or homosexuality of the respondent;
g) Contracting by the respondent of a subsequent bigamous marriage, whether in or
outside the Philippines;
h) Sexual infidelity or perversion of the respondent;
i) Attempt on the life of petitioner by the respondent; or
j) Abandonment of petitioner by respondent without justifiable cause for more than one
year.
 Failure to comply with the requirements on form and contents of the petition may be a
ground for immediate dismissal:
o Allegation of the complete facts constituting the cause of action.
64
Family Code; A. M. NO. 02-11-11-SC March 15, 2003
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o Statement of names and ages of the common children, regime governing their
property relations, the properties involved, and creditors, if any. If there is no
adequate provision in a written agreement between the parties, the petitioner may
apply for a provisional order for spousal support, custody and support of common
children, visitation rights, administration of community or conjugal property, and
other similar matters requiring urgent action,
o Verification personally signed by petitioner. No petition may be filed solely by
counsel or through an attorney-in-fact
o Certification against forum shopping. If the petitioner is in a foreign country, the
duly authorized officer of the Philippine embassy or legation, consul general, consul
or vice-consul or consular agent in said country shall authenticate the verification
and certification against forum shopping
o Filing in six copies. The petitioner shall, within 5 days from such filing, furnish a copy
of the petition to the City or Provincial Prosecutor and the creditors, if any, and
submit to the court proof of such service within the same period.
o Venue. The petition shall be filed in the Family Court of the province or city where
the petitioner or the respondent has been residing for at least six months prior to
the date of filing "or in The case of a non-resident respondent, where he may be
found in the Philippines, at the election of the petitioner
o Conduct of Investigation Report on Collusion by Public Prosecutor. Within one (1)
month from receipt of court order, public prosecutor shall submit report on whether
parties are in collusion.
 If based on the Investigation Report of Public Prosecutor, collusion exists, the
parties shall file their respective comments on the finding within ten days
from receipt of copy of the report. The court shall set the report for hearing
and if convinced that parties are in collusion, it shall dismiss the petition.
 If the public prosecutor reports that no collusion exists, the court shall set
the case for pre-trial. It shall be the duty of the public prosecutor to appear
for the State at the pre-trial.
 Pre trial mandatory. If the petitioner fails to appear personally at the Pre-trial, the case shall
be dismissed unless his counsel or a duly authorized representative appears in court and
proves a valid excuse for his non-appearance. Same with non-submission of brief.
 Death of a party.–
o (a) In case a party dies at any stage of the proceedings before the entry of judgment,
the court shall order the case closed and terminated without prejudice to the
settlement of estate in proper proceedings in the regular courts.
o (b) If the party dies after the entry of judgment, the same shall be binding upon the
parties and their successors in interest in the settlement of the estate in the regular
courts
 If there is a decree of reconciliation duly signed by spouses filed in the same proceeding, the
court shall immediately issue an order terminating the proceeding.
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Annulment
Annulment
Cause for Dismissal
Ground Who may file
Prescription Ratification
No parental Consent Spouse whose parent or Five years after
One of the parties was guardian did not give his/her attaining the age
18 or over, but below consent may file of 21
21 at the time of
marriage, and marriage
was solemnized
without consent of Parent or guardian or person Once his/her
parents, guardian or having legal charge of the child reaches 21
person having minor
substitute parental
authority over the
party.
Sane spouse who had no
knowledge of the other’s Any time before
insanity; any relative, the death of
guardian or person having either party.
legal charge of the insane
Insanity
Insane party,
Either party was of
after coming to
unsound mind Only during a
reason, freely
lucid interval or
The insane cohabited with
after regaining
the other as
sanity
husband and
wife.
Such party
afterwards, with
Within five years full knowledge of
Fraud
after the the facts
The consent of either
The injured party discovery of the constituting the
party was obtained by
fraud fraud, freely
fraud
cohabited with
the other as
husband and wife
Force Within five years The same having
Marriage where from the time of disappeared or
The injured party
consent of either party the force, ceased, such
was obtained by force, intimidation or party thereafter
intimidation or undue undue influence freely cohabited
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influence disappeared or with the other as
ceased husband and wife
Impotence
Either party was
physically incapable of
Within five years
consummating the
The injured party (the one after the
marriage with the
who is not impotent) marriage
other, and such
incapacity continues
and appears to be
incurable
STD
Either party was
Within five years
afflicted with a sexually
The injured party after the
transmissible disease
marriage
(STD) found to be
serious and appears to
be incurable.
 Pre trial mandatory. If the petitioner fails to appear personally at the Pre-trial, the case shall
be dismissed unless his counsel or a duly authorized representative appears in court and
proves a valid excuse for his non-appearance.
 Failure to file the pre-trial brief or to comply with its required contents shall have the same
effect as failure to appear at the pre-trial under the succeeding paragraphs
 Death of a party.–
o (a) In case a party dies at any stage of the proceedings before the entry of judgment,
the court shall order the case closed and terminated, without prejudice to the
settlement of the estate in proper proceedings in the regular courts.
o (b) If the party dies after the entry of judgment of nullity or annulment, the
judgment shall be binding upon the parties and their successors in interest in the
settlement of the estate in the regular courts.
Where Found
Petition/Initiatory Pleading
Prosecutors Report
Case study report of a Social Worker
Relevant Provisions of the Rules of Court/Supreme Court Decisions/Supreme Court Circulars

Rule 17, Rules of Court. Dismissal of Actions
A.M. No 02 -11- 10 SC, March 4, 2003
A.M. No 02 -11- 11 SC, March 15, 2003
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RA 9262 Anti Violence Against Women and Their Children Act (Anti VAWC Law)
Violence against women and their children shall be considered a public offense, which may be
prosecuted upon the filing of a complaint by any citizen having personal knowledge of the
circumstances involving the commission of the crime.
Punishable Acts
 Causing physical harm to the woman or her child;
 Threatening to cause the woman or her child physical harm;
 Attempting to cause the woman or her child physical harm;
 Placing the woman or her child in fear of imminent physical harm;
 Attempting to compel or compelling the woman or her child to engage in conduct which the
woman or her child has the right to desist from or to desist from conduct which the woman
or her child has the right to engage in, or attempting to restrict or restricting the woman’s
or her child’s freedom of movement or conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or intimidation directed against the woman or her
child. This shall include, but not limited to, the following acts committed with the purpose
or effect of controlling or restricting the woman’s or her child’s movement or conduct:
 Threatening to deprive or actually depriving the woman or her child of custody or access to
her/his family;
 Depriving or threatening to deprive the woman or her children of financial support legally
due her or her family, or deliberately providing the woman’s children insufficient financial
support;
 Depriving or threatening to deprive the woman or her child of a legal right;
 Preventing the woman in engaging in any legitimate profession, occupation, business or
activity, or controlling the victim’s own money or properties, or solely controlling the
conjugal or common money, or properties;
 Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her
actions or decisions;
 Causing or attempting to cause the woman or her child to engage in any sexual activity
which does not constitute rape, by force or threat of force, physical harm, or through
intimidation directed against the woman or her child or her/his immediate family;
 Engaging in purposeful, knowing, or reckless conduct, personally or through another
that alarms or causes substantial emotional or psychological distress to the woman or her
child. This shall include, but not be limited to the following acts:
 Stalking or following the woman or her child in public or private places;
 Peering in the window or lingering outside the residence of the woman or her child;
 Entering or remaining in the dwelling or on the property of the woman or her child against
her/his will;
 Destroying the property and personal belongings or inflicting harm to animals or pets of the
woman or her child;
 Engaging in any form of harassment or violence; and
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 Causing mental or emotional anguish, public ridicule or humiliation to the woman or her
child, including, but not limited to, repeated verbal and emotional abuse, and denial of
financial support or custody of minor children or denial of access to the woman’s
child/children.
Prescriptive Period
SEC. 24. Prescriptive Period. - Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty
(20) years. Acts falling under Sections 5(g) to 5(i) shall prescribe in ten (10) years. (RA 9262)
For punishable acts falling under Sections 7(a) to 7(f) of these Rules, the criminal complaint may
be filed within 20 years from the occurrence or commission
Punishable acts falling under Section 7 (g) to 7 (i) of these Rules shall prescribe in 10 years.
(Rules and Regulations Implementing RA 9262)
Who may File

A petition for protection order may be filed by any of the following:
a) The offended party;
b) Parents or guardians of the offended party;
c) Ascendants, descendants or collateral relatives of the offended party within the fourth civil
degree of consanguinity or affinity;
d) Officers or social workers of the Department of Social Welfare and Development (DSWD) or
social workers of local government units (LGUs);
e) Police officers, preferably those in charge of women and children's desks;
f) Punong Barangay or Barangay Kagawad;
g) Lawyer, counselor, therapist or healthcare provider of the petitioner; or
h) At least two concerned, responsible citizens of the place where the violence against women
and their children occurred and who have personal knowledge of the offense committed.
The filing of a petition for protection order by the offended party suspends the right of all other
authorized parties to file similar petitions. A petition filed by the offended party after the filing
of a similar petition by an authorized party shall not be dismissed but shall be consolidated with
the petition filed earlier.
Where to File
 The verified petition for protection order may be filed with the Family Court of the place
where the offended party resides.
 If there is no existing Family Court, it may be filed with the regional trial court, metropolitan
trial court, municipal trial court in cities, municipal trial court or municipal circuit trial court
with territorial jurisdiction over the place of residence of the offended party
Effect of failure to appear at Preliminary Conference

If the petitioner fails to appear personally, the petition shall be dismissed unless the counsel or
a duly authorized representative of the petitioner appears in court and gives a justifiable reason
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for the non-appearance of the petitioner; however, if the petition is filed by a person other
than the offended party, it shall not be dismissed if the offended party is present and does not
agree to its dismissal.
No Referral to Mediator / Prohibited Compromise.

The court shall not refer the case or any issue thereof to a mediator. The court shall not allow
compromise on any act constituting the crime of violence against women and their children and
other prohibited matters,
(A.M. 04-10-11 SC, October 19, 2004)
SEC. 33. Prohibited Acts. - A Punong Barangay, Barangay Kagawad or the court hearing an
application for a protection order shall not order, direct, force or in any way unduly influence
the applicant for a protection order to compromise or abandon any of the reliefs sought in the
application for protection order under this Act. Section 7 of the Family Courts Act of 1997 and
Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in
proceedings where relief is sought under this Act. Failure to comply with this Section shall
render the official or judge administratively liable.
(RA 9262)
o) Shall not attempt to influence the victim-survivor to abandon her claims. All forms of
amicable settlement under the Katarungang Pambarangay such as mediation, settlement,
conciliation, arbitration shall not apply to cases of VAWC in the Act; and
p) If the relief requested or applied for involves the failure to provide support to the woman or
her children, especially for their education and medical needs, the Punong Barangay or in
his/her absence, any Kagawad, shall call the respondent for counseling and explain to him his
legal obligations to support his wife and/or minor children. This shall not be construed to mean
as a mode of conciliation or mediation and must be done only with the presence of the
respondent, without the victim-survivor or applicant.
(Rule VIII, Section 47, Implementing Rules and Regulations RA 9262)
BPO TPO PPO

Sec 8. xxx The issuance of a BPO or the pendency of an application for a BPO shall not preclude a
petitioner from applying for, or the court from granting a TPO or PPO
However, where a Temporary Protection has already been granted by any court, the
barangay official may no longer issue a BPO. (Sec 14 (g) Rule IV IRR)
Sec 11. xxx An application for protection order filed with a court shall be considered an
application for both a TPO and PPO.
SEC. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date of filing of the application after ex parte
determination that such order should be issued. A court may grant in a TPO any, some or all of
the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall
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schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO.
The court shall order the immediate personal service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall
include notice of the date of the hearing on the merits of the issuance of a PPO.
SEC. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection
order issued by the court after notice and hearing. Respondent’s non-appearance despite proper
notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for
rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondent
appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer
for the respondent and immediately proceed with the hearing. In case the respondent fails to
appear despite proper notice, the court shall allow ex parte presentation of the evidence by the
applicant and render judgment on the basis of the evidence presented. The court shall allow the
introduction of any history of abusive conduct of a respondent even if the same was not directed
against the applicant or the person for whom the applicant is made. The court shall, to the
extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day.
Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to
expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at
each particular time until final judgment is issued. The extended or renewed TPO may be
modified by the court as may be necessary or applicable to address the needs of the applicant.
The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO
shall be effective until revoked by a court upon application of the person in whose favor the
order was issued. The court shall ensure immediate personal service of the PPO on respondent.
The court shall not deny the issuance of protection order on the basis of the lapse of time
between the act of violence and the filing of the application. Regardless of the conviction or
acquittal of the respondent, the Court must determine whether or not the PPO shall become
final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act
from which the order might arise did not exist.
(RA 9262)
Priority over all other cases.

SEC. 20. Priority of Applications for a Protection Order. - Ex parte and adversarial hearings to
determine the basis of applications for a protection order under this Act shall have priority over
all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on
applications for a protection order under this Act above all other business and, if necessary,
suspend other proceedings in order to hear applications for a protection order.
(RA 9262)
Where Found
Petition / Initiatory Pleading for a Temporary Protection Order
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Barangay Protection Order
Domestic Violence Report Intake Form
Standard Protection Order Application Form
Affidavit of Applicant for TPO/ PPO if applicant is not the victim
Circulars
A.M. 04-10-11 SC, October 19, 2004
Republic Act 9262, Anti Violence Against Women and Their Children Act of 2004
Implementing Rules and Regulations of Republic Act 9262
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Children in Conflict with the Law
Applicability
All criminal cases involving children in conflict with law
 Child in conflict with the law:
 15 and 1 day to 18 years old
 at the time of the commission of the offense:
Exemption from Criminal Liability

 Child 15 years or under at the time of the commission.
 Subjected to intervention program when consented to by the child and parents
Procedure for Children Not Exempt

 Child 15 year and 1 day to18 years at the time of commission
 at the discretion of the court, released on recognizance
 Recognizance is an undertaking in lieu of a bond, assumed by a mother or father, or
appropriate guardian or custodian, or the nearest relative, or any responsible member of
the community to assume custody and be responsible for the appearance of the child in
court
If prosecution determines child with discernment and case involves a non-serious offense
(imposable penalty not more than 6 years imprisonment), court orders, after hearing and
favorable recommendation, release:
Recognizance
 youth detention home or rehabilitation center
 other appropriate facility such as the Department of Social Welfare and Development
 provincial, city or municipal jail
Or Diversion
 Diversion refers to an alternative child-appropriate process of determining the
responsibility and treatment of a child on the basis of the child's social, cultural, economic,
psychological or educational background without resorting to formal court adjudication.
 Diversion programs refer to programs the child in conflict the law is required to undergo in
lieu of formal court proceedings.
Filing of Information
 If investigating prosecutor finds probable cause to hold trial, there being discernment, the
corresponding Resolution and Information shall be prepared
 Information shall be filed with court within 45 days from start of preliminary investigation
 No Information shall be filed against a child for the following: 
o status offenses;
o vagrancy and prostitution;
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o mendicancy; and
o sniffing of rugby.
 Instead undergo appropriate counseling and treatment program.
Proceedings before Arraignment

Diversion Committee shall determine if the child can be diverted
If diversion is not proper, or when child or private complainant objects to diversion, or when
there is failure of the diversion program, Committee shall submit a report to the court
recommending formal criminal proceedings.
Arraignment and Plea

Within 3 days from the date of receipt of the complaint or information by the court, unless a
shorter period is provided for by law.
Court Orders
On basis of the report and recommendation of the Committee, the court may:
 Issue closure order terminating case if convinced that the child has complied satisfactorily
with the diversion program or 
 Extend the period of diversion or
 Order the case to undergo formal court proceedings if it finds that the child has not
complied with the diversion program, is incorrigible, or that the program is not serving its
purpose
Automatic Suspension of Sentence and Disposition Orders

 If the child is found guilty, instead of executing the judgment of conviction, court shall place
the child under suspended sentence.
 Suspension of sentence can be availed of if 18-21 years old, at the time of the
pronouncement of guilt, without prejudice to the child’s availing of other benefits such as
probation, if qualified, or adjustment of penalty.
 Shall not apply to a child who has once enjoyed suspension of sentence, but shall
nonetheless apply to one who is convicted of an offense punishable by reclusion perpetua
or life imprisonment
Discharge of Child Subject of Disposition Measure

 Upon the recommendation of the social worker, the court shall, after due notice to all
parties and hearing, dismiss the case against the child who has been issued disposition
measures, even before reaching 18, and order a final discharge if it finds that the child has
been rehabilitated.
 Execution of the judgment if the court finds child:
o is incorrigible; or
o has not shown the capability of becoming a useful member of society; or
o has willfully failed to comply with the conditions of the disposition or rehabilitation
program;
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o or the child's continued stay in the training institution is not in the child’s best
interest
Crediting Preventive Imprisonment in Service of Sentence

Except in the following:
 When the child is a recidivist or has been convicted twice or more times of any crime; or
 When upon being summoned for execution of sentence, the child failed to surrender
voluntarily.
 A child who does not agree to the same disciplinary rules imposed upon convicted prisoners
shall be credited in the service of the sentence with 4/5 of the time during which the child
has undergone preventive imprisonment.
 Any form of physical restraint, including community service and commitment to a
rehabilitation center, shall be considered preventive imprisonment.
Where Found
Petition/Initiatory Pleading
Special docket for cases involving Children in Conflict with the Law
Relevant Provisions of the Rules of Court/Supreme Court Decisions/Supreme Court Circulars

A.M. No. 02-1-18-SC, November 24, 2009
Republic Act 9344, Juvenile Justice and Welfare Act of 2006
SEC. 6. Minimum Age of Criminal Responsibility. – A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted
with discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SEC. 20. Children Below the Age of Criminal Responsibility. – If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child’s nearest relative. Said authority shall
give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental
or religious organization; a barangay official or a member of the Barangay Council for the
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Protection of Children (BCPC); a local social welfare and development officer; or when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree No. 603, otherwise ,known as “The Child
and Youth Welfare Code”.
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Dangerous Drugs Act
Jurisdiction:
 Drug Courts, Family Court,
 Cases against minors cognizable under the Dangerous Drugs Act, as amended  GOES
TO FAMILY COURT
General Rule:
Only courts designated by the Supreme Court as a special court for drugs cases can take
cognizance of violations of Republic Act No. 9165. (Republic Act No. 9165 [2002], Sec. 90; A.M.
No. 05-9-03-SC, October 11, 2005, paragraph no. 1; OCA Circular No. 112-2005, October 25,
2005)
Exception:
As a rule, family courts shall have jurisdiction over drugs  cases involving minors
Exception to the Exception:

 If there are no family courts but there is a special drug court, the latter shall take
jurisdiction over the case.
 If there are no designated family courts and special drug courts the case shall be raffled
among the branches of the Regional Trial Court within the same station.
 If there is only a single-sala Regional Trial Court, which has been designated either as a
family court or as a special drug court or has not been designated as such at all, it shall take
jurisdiction over the case. (Administrative Circular No. 20-2003, March 19, 2003)
Voluntary Submission of Drug Dependent to Rehabilitation

 User or through his/her parent, spouse, guardian or relative within the 4th degree of
consanguinity or affinity, may apply to the Board for rehabilitation
 Board shall bring forth the matter to the Court which shall order examination by a DOH-
accredited physician
 If drug dependent, rehabilitation for a period of not less than six 6 months
 Confinement shall not exceed 1 year,
 Court and Board determine if further confinement needed
Exemption from the Criminal Liability Under the Voluntary Submission Program
Drug dependent discharged from confinement, exempt from the criminal liability for drug Use
if:
 Complied with the rules and regulations of the rehab center, the applicable rules and
regulations of the Board, including the after-care and follow-up program for at least 18
months following temporary discharge from confinement or in the case of a dependent
placed under the care of the DOH-accredited physician, the after-care program and follow-
up schedule formulated by the DSWD
 Never been charged or convicted of any offense
 No record of escape from a Center
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 Provided, if escaped, surrendered himself/herself or through his/her parent, spouse,
guardian or relative within the fourth degree of consanguinity or affinity, within one (1)
week from the date of the said escape
 Poses no serious danger to himself/herself, his/her family or the community
Compulsory Confinement of a Drug Dependent Who Refuses to Apply Under the Voluntary
Submission Program
 Any person determined to be dependent on dangerous drugs shall, upon petition by the
Board, be confined for rehabilitation
 May be filed by any person authorized by the Board
 Court, by an order, shall immediately fix a date for the hearing
 If after such hearing, the court shall order the drug dependent to be examined by 2
physicians accredited by the Board.
 If both physicians conclude not a drug dependent, the court shall order his/her discharge
 If either physician finds him to be a dependent, the court shall conduct a hearing
 If the court finds him a drug dependent, it shall issue an order for his/her rehabilitation
center under the supervision of the DOH
Compulsory Submission of a Drug Dependent Charged with an Offense to Treatment and

Rehabilitation
 Drug Dependent charged with offense where penalty is imprisonment of less than 6 years
 at any stage of the proceedings
 prosecutor or the court shall suspend all further proceedings and transmit record of the
case to the Board
 Board determines, after medical examination, rehabilitation
 Board shall file a petition with the RTC of the province or city where he/she is being
investigated or tried:
 If the court finds him to be a drug dependent, it shall order rehabilitation
 If rehabilitated, as certified by the center and the Board, he/she shall be returned to the
court, which committed him, for his/her discharge
 Thereafter, his/her prosecution for any offense punishable by law shall be instituted or shall
continue
 In case of conviction, the judgment shall, if the accused is certified by the rehabilitation
center to have maintained good behavior, indicate that he/she shall be given full credit for
the period confined in the Center
 Provided, however, That when the offense is Use of drugs and the accused is not a
recidivist, the penalty deemed served in the Center upon his/her release after certification
by the Center and the Board
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Prescription of the Offense Charged Against a Drug Dependent Under the Compulsory
Submission Program
 The period of prescription of the offense charged against a drug dependent under the
compulsory submission program shall not run during the time that the drug dependent is
under rehabilitation
 may temporarily be discharged, but he/she shall report to the Board for after-care and
follow-up treatment for a period not exceeding 18 months
 If Board certifies his/her complete rehabilitation, court shall order final discharge and order
for the immediate resumption of the trial of the case originally charged
 A drug dependent committed under this particular Section who is finally discharged shall be
exempt from criminal liability for Use of Drugs
Suspension of Sentence of a First-Time Minor Offender

 Accused over 15 at the time of the commission of the offense of Possession of Drugs
 Not more than 18 at the time when judgment should have been promulgated
 Not been previously convicted of violating any offense
 Not been previously committed to a Center
 Board favorably recommends that sentence be suspended.
 While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board for a period ranging from 6 months to 18 months.
Discharge after Compliance with Conditions of Suspended Sentence of a First-Time Minor

Offender
 Accused first time minor offender under suspended sentence
 Complies with the applicable rules and regulations of the Board
 The court, upon recommendation of the Board, shall discharge the accused and dismiss all
proceedings.
 Privilege of Suspended Sentence to be Availed of Only Once by a First-Time Minor Offender.
Probation or Community Service for a First-Time Minor Offender in Lieu of Imprisonment

 Court may place the accused under probation, even if the sentence provided under this Act
is higher than that provided under existing law on probation, or impose community service
 Upon compliance with the conditions of the probation, the Board shall submit a written
report to the court recommending termination of probation and a final discharge,
whereupon the court shall issue such an order.
 If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.
Reclassification of Drugs
 In case of removal of a drug from the list of dangerous drugs, all persons convicted and/or
detained for the use and/or possession of such a drug shall be automatically released and
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all pending criminal prosecution involving such a drug under this Act shall forthwith be
dismissed
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Rules in Election Cases
Grounds for dismissal for election protest or petition for quo warranto
 Pleading 65 not verified by an affidavit stating that the affiant has read the petition and that
its allegations are true and correct of the affiant’s own knowledge or based on authentic
records. A verification based on “information and belief” or upon “knowledge, information
and belief” is not sufficient. (Sec. 6)
Summary and motu proprio dismissal of election protest, counter protest or petition for quo
warranto
 Court has no jurisdiction over the subject matter; 
 Petition is insufficient in form and content as required under the rules
 Filed beyond the period prescribed in these Rules;
 Filing fee is not paid within the period for filing the election protest or petition for quo
warranto; and
 Where cash deposit is required in a protest case and the deposit is not paid within five (5)
days from the filing of the protest. (Sec. 12)
Other grounds to dismiss:

 Based on the results of a post-revision preliminary determination, the court may dismiss the
protest without further proceedings if the validity of the grounds for the protest is not
established by the evidence from the chosen twenty percent (20%) of the protested
precincts. (Sec. 10)
 Any of the grounds for dismissal of a civil action (Sec. 4)
 Failure to appear at the preliminary conference (Sec. 11)
When can a court dismiss an election case

 In the course of preparing the summary of the conflicting claims of the parties and issues
and the court (Sec. 12)
 Upon filing of the complaint or information, court can make
 Preliminary determination of the court that there is a valid ground for quashal (Sec. 19)
65
Involving elective municipal officials (A.M. No. 10-4-1-SC, 2010 Rules of Procedure in Election Contests Before the
Courts involving elective municipal officials)
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Batas Pambansa Blg. 22.
Punishable Acts
BP 22 punishes two distinct acts
a) Making or drawing and issuing any check to apply on account or for value, knowing at
the time of issue that the drawer does not have sufficient funds in or credit with the
drawee bank.
b) Having sufficient funds in or credit with the drawee bank shall fail to keep sufficient
funds or to maintain a credit cover the full amount of the check if presented within a
period of 90 days from the date appearing thereon, for which reason it is dishonored by
the drawee bank.
In both instances, the check is dishonored for insufficiency of funds or credit
 Where the check is drawn by a corporation, company or entity, the person or persons who
actually signed the check in behalf of such drawer shall be liable under this Act
 Penalty:
o Imprisonment of not less than thirty (30) days but not more than one (1) year, OR
o Fine of not less than but not more than double the amount of the check, which fine
shall in no case exceed Two Hundred Thousand Pesos, OR
o Both such fine and imprisonment at the discretion of the court
Civil Action
 Criminal Action for the violation of Batas Pambansa 22 shall be deemed to necessarily
include the corresponding civil action, and no reservation to file such civil action shall be
allowed or recognized66. Consequently, filing fees (for the civil aspect) shall be required,
unless there is a waiver issued.
Procedure
 Violations of Batas Pambansa Bilang 22 (Bouncing Checks Law) shall be governed by the
summary procedure in Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and the Municipal Circuit Trial Courts67
 SC Administrative Circular 12-2000 does not remove imprisonment as an alternative
penalty, but lays down a rule of preference in the application of penalties provided in BP
Blg. 22. This does not foreclose the possibility of imprisonment. Neither does it defeat the
legislative intent behind the law68.
o Such that, where the circumstances of both the offense and the offender clearly
indicate good faith or clear mistake of fact without taint of negligence, the
imposition of the fine alone should be considered as the more appropriate penalty
66
SC Circular No. 57-97 Rules and Guidelines in the Filing and Prosecution of Criminal Cases Under Batas Pambansa
Blg. 22
67
A.M. 00-11-01-SC, Amendment to the Rule on Summary Procedure of Criminal Cases
68
SC Administrative Circular 13-2001 as cited in Saguiguit v. People of the Philippines, G.R. 144054, June 30, 2006.
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o The determination of whether the circumstances warrant the imposition of a fine
alone rests solely upon the Judge
Elements of the offense

(1) Drawing or Issuance of any check to apply on account or for value
(2) Knowledge by the maker, drawer, issuer that he did not have sufficient funds in or credit
with the drawee bank at the time of issuance
(3) Check is dishonored by the drawee bank for insufficiency of funds or credit, or would
have been dishonored had the drawer, without any valid reason, ordered the bank to
stop payment69
(4) Notice of Dishonor should actually be served upon the maker/ drawer/ issuer70
Prescription
Prescribes in 4 years 71
69
Nieva, Jr. v. Court of Appeals, G.R. Nos. 95796-97, 272 SCRA 1,12 (1997)
70
Caras v. Court of Appeals, G.R. 129900, October 2, 2001
71
People v. Pangilinan, G.R. 152662, June 13, 2012, citing Act 3326, An Act to Establish Prescription for Violations
of Special Acts and Municipal Ordinances and to Provide When Prescription Shall Begin
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Sum of Money
Small Claims Cases72
Applicability of “The Rule of Procedure for Small Claims Cases”.

 The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall apply this Rule in all actions which are:
a) Purely civil in nature where the claim or relief prayed for by the plaintiff Is solely for
the payment or reimbursement of sum of money, and
b) The civil aspect of criminal actions, either filed before the institution of the criminal
action, or reserved upon the filing of the criminal action in court, pursuant to Rule
111 of the Revised Rules of Criminal Procedure
Scope
 Payment of money where the value of the claim does not exceed one hundred thousand
pesos (Php100,000.00) exclusive of interest and costs.
 For amounts which exceed Php 100,000, the procedure shall follow civil procedure
Kinds of claims or Demands

 For money owed under the following:
a) Contract of Lease
b) Contract of Loan
c) Contract of Services
d) Contract of Sale, or
e) Contract of Mortgage
 For damages arising from any of the following:
a) Fault or negligence
b) Quasi contract
c) Contract
 The enforcement of a barangay amicable settlement or arbitration award involving a
money claim covered by this Rule pursuant to Sec 417 of RA710 (Local Government Code)
Commencement of Small Claims Action

 Filing with the court
a) Accomplished and verified Statement of Claim (Form 1-SCC) in duplicate
b) Certificate of Non-Forum Shopping (Form 1-A SCC)
c) Two (2) duly certified photocopies of the actionable document/s subject of the claim
d) Affidavits of witnesses and other evidence to support the claim
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 the admission of
additional evidence
72
A.M. 08-8-7-SC, Effective October 1, 2008.
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Dismissal of the Claim
 Court determines from examination of allegations of the Statement of Claim and attached
evidence if dismissal is warranted
 Failure of the plaintiff to appear shall be cause for the dismissal of the claim without
prejudice
 Failure of both parties to appear shall cause the dismissal with prejudice of both the claim
and counterclaim
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Reckless Imprudence
Reckless Imprudence and Negligence

Reckless Imprudence73 - Any person who, by reckless imprudence, shall commit any act which,
had it been intentional:
 Would constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period
 If it would have constituted a less grave felony, the penalty of arresto mayor in its
minimum and medium periods shall be imposed
 If it would have constituted a light felony, the penalty of arresto menor in its maximum
shall be imposed.
Negligence - Any person who, by simple imprudence or negligence, shall commit an act which
 Would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in
its medium and maximum periods
 If it would have constituted a less serious felony, the penalty of arresto mayor in its
minimum period shall be imposed
When the execution of the act shall have only resulted in damage to the property of another,
the offender shall be punished by a fine ranging from amount equal to the value of said
damages to three (3) times the value
This would not apply when:

1. Penalty provided for the offense is equal to or lower than those provided in this article.
In this case, the court shall impose the penalty next lower in degree than that which
should be imposed in the period deemed proper to apply
2. By imprudence or negligence and with violation of the Automobile Law (Act 3992), the
death of a person shall be caused, in which case the defendant shall be punished by
prision correccional in its medium and maximum periods.
Types of Felonies
Type of Description Penalty Prescription
74
Felonies
Grave which attaches the Fine  Reclusion 20 years
Felony capital punishment or exceeds Perpetua
penalties which in any 6,000  Reclusion 15 years
of their periods are pesos Temporal
afflictive
 Perpetual or
Temporary
Absolute
73
Art.365, Revised Penal Code.
74
Art.9, Art.25, Art.26, Revised Penal Code
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Disqualification
 Perpetual or
Temporary
Special
Disqualification
 Prision Mayor
Less Grave which the law Fine is  Prision 10 years
Felony punishes with equal to Correccional
penalties which in 200 pesos  Suspension
their maximum period to 6,000  Destierro 5 years
was correccional pesos
 Arresto Mayor
Light infractions of law for Fine is less  Arresto Menor 1 year
Felonies the commission of than 200  Public Censure
which the penalty is pesos  Libel
arresto menor
 Oral Defamation 6 months
 Slander by Deed
2 months
 Light Offenses
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SPECIAL PROCEEDINGS CASES
Definition
 A Special Proceeding75 is a remedy by which a party seeks to establish a status, a right, or a
particular fact. It is distinguished from an ordinary civil action where a party sues another
for the enforcement or protection of a right or prevention or redress of a wrong. To initiate
a special proceeding, a petition and not a complaint should be filed.
 is an application or proceeding to establish the status or right of a party, or a particular fact,

generally commenced by application, petition or special form of pleading as may be
provided for by the particular rule or law.
Subject Matter of Special Proceedings

Rules 72 – 109, Rules of Court
(a) Change of Name
(b) Adoption
(c) Trustees
(d) Constitution of Family Home
(e) Hospitalization of Insane Persons
(f) Absence and Death, Declaration of
(g) Guardianship and Custody of Children
(h) Escheat
(i) (Voluntary) Dissolution of Corporation
(j) Settlement of Estate of Deceased Persons
(k) Habeas Corpus
(l) (Judicial) Approval of Voluntary Recognition of Minor Natural Children
(m) Rescission and Revocation of Adoption
(n) Cancellation or Correction of Entries in the Civil Registry
Adoption
Requirements for Adoption
Domestic
 Filipino Adopter
 Filipino citizen
 Of legal age
 In possession of full civil capacity and legal rights
 Of good moral character
 Has not been convicted of any crime involving moral turpitude
 Emotionally and psychologically capable of caring for children
75
Ramon S. Ching and Po Wing Properties, Inc. v. Hon. Jansen R. Rodriguez, et.al., G.R. No. 192828, November 28,
2011.
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 At least sixteen (16) years older than the adoptee (may be waived when the adopter is the
biological parent of the adoptee or is the spouse of the adoptee’s parent)
 In a position to support and care for his children in keeping with the means of the family
Alien
 Same qualifications as above-stated
 Country has diplomatic relations with the republic of the Philippines
 His government allows the adoptee to enter his country as his adopted child.
 Living in the Philippines for at least three (3) continuous years prior to the filing of the
petition for adoption and maintains such residence until the adoption decree is entered
 Certified by his diplomatic or consular office or any appropriate government agency to have
the legal capacity to adopt in his country
 Last two (residency and certification) may be waived for:
 A former Filipino citizen who seeks to adopt a relative within the fourth (4th) degree of
consanguinity or affinity;
 One who seeks to adopt the legitimate child of his Filipino spouse; or
 One who is married to a Filipino citizen and seeks to adopt jointly with his spouse a relative
within the fourth (4th) degree of consanguinity or affinity of the Filipino spouse.
Guardian
 With respect to the ward
 After the termination of the guardianship and clearance of his financial accountabilities
Husband and Wife

 Jointly adopt, except:
o if one spouse seeks to adopt the legitimate child of one spouse by the other spouse;
or
o if one spouse seeks to adopt his own illegitimate child: Provided, however, That the
other spouse has signified his consent thereto; or
o If the spouses are legally separated from each other.
 Adoptee
o Any person below eighteen (18) years of age who has been voluntarily committed to
the DSWD or judicially declared available for adoption;
o The legitimate child of one spouse, by the other spouse;
o An illegitimate child, by a qualified adopter to raise the status of the former to that
of legitimacy;
o A person of legal age regardless of civil status, if, prior to the adoption, said person
has been consistently considered and treated by the adopters as their own child
since minority;
o A child whose adoption has been previously rescinded; or
o A child whose biological or adoptive parents have died
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o No proceedings shall be initiated within six (6) months from the time of death of said
parents.
o A child not otherwise disqualified by law or these rules.
Contents of the Petition:

 Verification
 Certification of non-forum shopping
 Specifically state at the heading whether the petition contains an application for change of
name, rectification of simulated birth, voluntary or involuntary commitment of children, or
declaration of child as abandoned, dependent or neglected.
 If the adopter is a Filipino citizen, the petition shall allege:
o The jurisdictional facts;
o Qualifications of Adoptee and has undergone pre-adoption services
 If the adopter is an alien, the petition shall allege:
o The jurisdictional facts;
o Qualifications of Adoptee and has undergone pre-adoption services as required by
Section 4 of Republic Act No. 8552.
 Additional qualifications of Alien Adopter
o If the adopter is the legal guardian of the adoptee, the petition shall allege:
o guardianship had been terminated
o guardian had cleared his financial accountabilities.
 If the adopter is married, the spouse shall be a co-petitioner for joint adoption except if:
o one spouse seeks to adopt the legitimate child of the other, or
o if one spouse seeks to adopt his own illegitimate child and the other spouse signified
written consent thereto, or
o If the spouses are legally separated from each other.
 If the adoptee is a foundling, the petition shall allege:
o entries which should appear in his birth certificate, such as name of child, date of
birth, place of birth, if known; sex, name and citizenship of adoptive mother and
father, and the date and place of their marriage.
 If the petition prays for a change of name, it shall also state the cause or reason for the
change of name.
 In all petitions, it shall be alleged:
o The first name, surname or names, age and residence of the adoptee as shown by
his record of birth, baptismal or foundling certificate and school records.
o That the adoptee is not disqualified by law to be adopted.
o The probable value and character of the estate of the adoptee.
o The first name, surname or names by which the adoptee is to be known and
registered in the Civil Registry.
Hearing:
 Date and place of hearing shall be set within six (6) months from the date of the issuance of
the Court order
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 Copy thereof published before the date of hearing at least once a week for three successive
weeks in a newspaper of general circulation in the province or city where the court is
situated
 In case of application for change of name, the date set for hearing shall not be within four
(4) months after the last publication of the notice nor within thirty (30) days prior to an
election.
 Petitioner and the adoptee must personally appear and the former must testify before the
presiding judge of the court on the date set for hearing.
Inter-Country
Contents of the Petition:
Petition must allege:
 Age of Petitioner and Child to be adopted, showing that Petitioner is at least twenty-seven
(27) years of age and at least sixteen (16) years older than the child to be adopted at the
time of application, unless:
 petitioner is the parent by nature of the child to be adopted or
 spouse of such parent
 If married, the name of the spouse who must be joined as co-petitioner except :
o adoptee is a legitimate child of his spouse;
 Capacity to act and assume all rights and responsibilities of parental authority under his
national laws, and has undergone the appropriate counseling from an accredited counselor
in his country;
 Has not been convicted of a crime involving moral turpitude;
 Eligible to adopt under his national law;
 Can provide the proper care and support and instill the necessary moral values and example
to all his children, including the child to be adopted;
 Agrees to uphold the basic rights of the child, as embodied under Philippine laws and the U.
N. Convention on the Rights of the Child, and to abide by the rules and regulations issued to
implement the provisions of Republic Act No. 8043
 He comes from a country with which the Philippines has diplomatic relations and whose
government maintains a similarly authorized and accredited agency and that adoption of a
Filipino child is allowed under his national laws; and
 He possesses all the qualifications and none of the disqualifications provided in this Rule, in
Republic Act No. 8043 and in all other applicable Philippine laws.
Annexes shall be written and officially translated in English:

 Birth certificate of petitioner;
 Marriage contract, if married, and, if applicable, the divorce decree, or judgment dissolving
the marriage;
 Sworn statement of consent of petitioner’s biological or adopted children above ten (10)
years of age;
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 Physical, medical and psychological evaluation of the petitioner certified by a duly licensed
physician and psychologist;
 Income tax returns or any authentic document showing the current financial capability of
the petitioner;
 Police clearance of petitioner issued within six (6) months before the filing of the petitioner;
 Character reference from the local church/minister, the petitioner’s employer and a
member of the immediate community who have known the petitioner for at least five (5)
years;
 Full body postcard-size pictures of the petitioner and his immediate family taken at least six
(6) months before the filing of the petition.
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Habeas Corpus
Application
 Writ of habeas corpus shall extend to all cases of illegal confinement or detention by which
any person is deprived of his liberty, or by which the rightful custody of any person is
withheld from the person entitled thereto.
 Requisites of application
 By petition signed and verified and shall set forth:
 That the person is imprisoned or restrained of his liberty;
 The officer or name of the person by whom he is so imprisoned or restrained; or, if both are
unknown or uncertain, such officer or person may be described by an assumed appellation,
 Place where he is imprisoned or restrained, if known
 Copy of the commitment or cause of detention of such person, if it can be procured without
impairing the efficiency of the remedy; or, if the imprisonment or restraint is without any
legal authority, such fact shall appear.
When writ not allowed

 Person is in the custody of an officer under process issued by a court or judge or by virtue of
a judgment or order of a court of record
 Court or judge had jurisdiction to issue the process
 If the jurisdiction appears after the writ is allowed, the person shall not be discharged by
reason of any informality or defect in the process, judgment, or order.
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Guardianship
Applicability of the Rule

 Apply to petitions for guardianship over the person or property, or both, of a minor.
 Father and Mother shall jointly exercise legal guardianship over the person and property of
their unemancipated common child without the necessity of a court appointment.
 Suppletory to the provisions of the Family Code on guardianship.
Who may petition

 Any relative or other person on behalf of a minor, or
 Minor himself if fourteen years of age or over
 Secretary of Social Welfare and Development and by the Secretary of Health in the case of
an insane minor who needs to be hospitalized.
Where to file petition.

 In the Family Court of the province or city where the minor actually resides.
 If he resides in a foreign country, the petition shall be filed with the Family Court of the
province or city where his property or any part thereof is situated.
Grounds of petition
a) death, continued absence, or incapacity of his parents;
b) suspension, deprivation or termination of parental authority;
c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental
authority; or
d) when the best interests of the minor so require.
Contents of petition
A petition for the appointment of a general guardian must allege the following:
a) The jurisdictional facts;
b) The name, age and residence of the prospective ward;
c) The ground rendering the appointment necessary or convenient;
d) The death of the parents of the minor or the termination, deprivation or suspension of their
parental authority;
e) The remarriage of the minor’s surviving parent;
f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of
persons having him in their care and custody;
g) The probable value, character and location of the property of the minor; and
h) The name, age and residence of the person for whom letters of guardianship are prayed.
 The petition shall be verified and accompanied by a certification against forum shopping.
 However, no defect in the petition or verification shall render void the issuance of letters of
guardianship.
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Bond of Guardian
 Before he enters upon the execution of his trust, or letters of guardianship issue, an
appointed guardian may be required to post a bond in such sum as the court shall
determine
 Conditions :
o (a) To make and return to the court, within three months after the issuance of his
letters of guardianship, a true and complete Inventory of all the property, real and
personal, of his ward which shall come to his possession or knowledge or to the
possession or knowledge of any other person in his behalf;
o (b) To faithfully execute the duties of his trust, to manage and dispose of the
property according to this rule for the best interests of the ward, and to provide for
his proper care, custody and education;
o (c) To render a true and Just account of all the property of the ward in his hands, and
of all proceeds or interest derived therefrom, and of the management and
disposition of the same, at the time designated by this rule and such other times as
the court directs; and
o at the expiration of his trust, to settle his accounts with the court and deliver and
pay over all the property, effects, and monies remaining in his hands, or due from
him on such settlement, to the person lawfully entitled thereto; and
o (d) To perform all orders of the court and such other duties as may be required by
law.
 Where to file Bond

o Filed in the Family Court
o In case of breach of any of its conditions, the guardian may be prosecuted in the
same proceeding for the benefit of the ward or of any other person legally
interested in the property.
o Whenever necessary, the court may require the guardian to post a new bond and
may discharge from further liability the sureties on the old bond after due notice to
interested persons, if no injury may result therefrom to those interested in the
property.
 Bond of parents as guardians of property of minor

o lf the market value of the property or the annual Income of the child exceeds
P50,000.00, the parent concerned shall furnish a bond In such amount as the court
may determine, but in no case less than ten per centum of the value of such property
or annual income,
o Purpose: to guarantee the performance of the obligations prescribed for general
guardians.
o A verified petition for approval of the bond shall be filed in the Family Court of the
place where the child resides or, if the child resides in a foreign country, in the
Family Court of the place where the property or any part thereof is situated.
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o The petition shall be docketed as a summary special proceeding in which all
incidents and issues regarding the performance of the obligations of a general
guardian shall be heard and resolved.
Duties of Guardian
 Care and custody of the person of his ward and the management of his property,
 Or only the management of his property.
 Guardian of the property of a nonresident minor shall have the management of all his
property within the Philippines.
 A guardian shall perform the following duties:
a) To pay the just debts of the ward out of the personal property and the income of the
real property of the ward, If the same is sufficient; otherwise, out of the real property of
the ward upon obtaining an order for its sale or encumbrance;
b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or
may, with the approval of the court, compound for the same and give discharges to the
debtor on receiving a fair and just dividend of the property and effects; and to appear
for and represent the ward in all actions and special proceedings, unless another person
is appointed for that purpose;
c) To manage the property of the ward frugally and without waste, and apply the income
and profits thereon, insofar as may be necessary, to the comfortable and suitable
maintenance of the ward; and if such income and profits be insufficient for that
purpose, to sell or encumber the real or personal property, upon being authorized by
the court to do so;
d) To consent to a partition of real or personal property owned by the ward jointly or in
common with others upon authority granted by the court after hearing, notice to
relatives of the ward, and a careful investigation as to the necessity and propriety of the
proposed action;
e) To submit to the court a verified inventory of the property of his ward within three
months after his appointment, and annually thereafter, the rendition of which may be
required upon the application of an interested person;
f) To report to the court any property of the ward not included in the inventory which is
discovered, or succeeded to, or acquired by the ward within three months after such
discovery, succession, or acquisition; and
g) To render to the court for its approval an accounting of the property one year from his
appointment, and every year thereafter or as often as may be required.
Grounds for Removal/ Resignation of Guardian

 Guardian becomes insane or otherwise incapable of discharging his trust or
 Is found thereafter to be unsuitable, or
 Has wasted or mismanaged the property of the ward, or
 Has failed to render an account or make a return for thirty days after it is due,
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 Court may, upon reasonable notice to the guardian, remove him as such and require him to
surrender the property of the ward to the person found to be lawfully entitled thereto.
 Court may allow the guardian to resign for justifiable causes.
 Upon the removal or resignation of the guardian, the court shall appoint a new one.
 No motion for removal or resignation shall be granted unless the guardian has submitted
the proper accounting of the property of the ward and the court has approved the same.
Grounds for Termination of Guardianship

 Court motu proprio or upon verified motion of any person allowed to file a petition for
guardianship may terminate the guardianship on the ground that
o the ward has come of age or
o has died.
 The guardian shall notify the court of such fact within ten days of its occurrence.
A.M. No. 03-02-05-SC, May 01, 2003
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Preparation of Case Briefs
The Legal Researchers shall likewise fill out a Case Brief for each case examined. Sample of
accomplished formats76for Criminal and Civil Cases are illustrated below.
Criminal Case:
Case Number
Q-11-171333
76
Formats
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Case Number
Q-11-171334
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AGEING OF DISPOSED CASES IN THE PAST FIVE YEARS (10 % sample only per court)
1. Based on the list of disposed cases provided by the court, get the total # for each of
the following cases in the past 5 years:
a. Decided
b. Archived
c. Mediated (if any)
2. Compute 10 % of each:
a. Decided - total number of decided cases x 0.10 (ex. 500 x 0.10=50)

b. Archived - total number of archived cases x 0.10 (ex. 1,000 x 0.10=100)
c. Mediated - total number of mediated cases x 0.10 (ex. 250 x 0.10=25)
3. Random sampling (based on the example at #2) – We usually use the following site to
get a random sample –
<http://www.mathgoodies.com/calculators/random_no_custom.html>
a. Decided - randomly select 50 cases from the list of 500 decided case
b. Archived - randomly select 100 cases from the list of 1,000 archived case
c. Mediated -randomly select 25 cases from the list of 250 mediated cases
4. Lastly, determine the age of the randomly selected cases at the time they were
decided/archived/mediated.
Example:
DECIDED
Age at the time the case
Case Title Type of case
was decided
(we're expecting 50 cases here based on
the example above)
1 Theft 10 years,
2 Rape 2 ½ years
And so on until # 50 And so on And so on
ARCHIVED
was archived
the example above)
1
2
And so on until #100
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MEDIATED (IF ANY)
was mediated
the example above)
1
2
And so on until #25
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CASE TYPOLOGY TEMPLATES
RTC-CRIMINAL CASES
Type of Cases Number of cases Average Age
Regular Courts
Estafa
Theft
Robbery
Violaiton of SSS law
Homicide
Illegal recruitment
Murder
Appealed cases
Rape
Violation of Omnibus Election Code
Carnapping
Falsification of Documents
Malversation of Public Funds
Bigamy
Adultery
Illegal Detention
Others
Drug Courts (please ask them to list the types of
drug cases. There are just a few of them anyway.
Section 11, Article 2, RA 9165 (possession)
Section 6, Art 2, RA 9165 (maintenance of den, dive, or resort)
Section 5, Art 2, RA 9165 (sale, trade, administration, delivery,
distribution, transportation)
Others
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RTC-CIVIL CASES
Number of Average Age
Type of Cases cases
Regular Courts
collection of sum of money
annulment of mortgage
annulment of sale
breach of contract
recovery of possession
Damages
permanent/ temporary protection order
unlawful detainer
Quieting of Title
Others
Family Courts
declaration of nullity of marriage
Annulment
Judicial separation of Conjugal Property
Support
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METC-CRIMINAL CASES
Type of Cases cases
BP 22
Falsfication of documents
Reckless Imprudence
Less Serious Physical Injuries
Theft
Violation of City Ordinances
PD 1866 as amended by RA 8294 (Resistance and
Disobedience)
Threats
Crimes against honor
Estafa
oral defamation
Homicide
Others
| 154
|
METC – CIVIL CASES

Type of Cases cases
Collection of sum of money
Ejectment/ Forcible entry/ Unlawful Detainer
Danages/ Replevin/ Recovery of Possession with Damages
Accion Publiciana
Recovery of Possession with Writ of Replevin
Others
RTC – SPEC PROCEEDINGS

Type of Cases cases
Regular Courts
Change of name
Declaration of presumptive death
Correction of Entry
Probate of Will
Appointment of Special Administrator
Others
Family Courts
Adoption
Petition for Guardianship
Issuance for the writ of habeas corpus involving custody of
minor
Others
| 155
|
xx1
Yy1
Xx4
Xx3
Xx2
RTC BR.
RTC BR.
RTC BR.
RTC BR.
Court
METC BR.
RTC BR. Xx
Presiding Judge/ Acting Judge, If
any
Judicial
Supervisor/
Supervising
Lawyer
Cases for
22
Disposal
23
11
128
53
52+
Cases for Action TARGET CASES
184
0
90
949
22
280
MONITORING SHEET - DATA ON DISPOSITION
Total
206
23
101
1077
75
332+
From Baseline
26
date - Start of
FEB-JUL
CASES
FEB-APR
Inventory DISPOSED
52
34
0
106
5
DURING
HUSTISYEAH!
Inventory-
INVENTORY
Judge's
Aug)
49 (Jul-
Approval of CDP
Sep)
Sep)
299 (Apr-
298 (Apr-
157 (Apr-
Nov)
Nov)
133 (Jul-
33 (Jul-
Dec)*
From Baseline CASES ACTED

4 (Aug) date to UPON DURING
297
Approval of CDP HUSTISYEAH

20
Total Disposed
(Sept)
(Dec)
(Dec)
no data
27
89
16
10
yet
(Oct)
MONTH 1
Total No. of
35
Cases Disposed
under CDP
no data
no data
34
18
0
yet
yet
Total No. of
4
Cases Acted
no
data
4
yet
upon under CDP

23
Total Disposed
(Oct)
no
no
36
156
data
data
yet
yet
(Nov)
MONTH 2
Total No. of
24
Cases Disposed
24
10
under CDP
Total No. of
0
Cases Acted
upon under CDP
| 156
47
Total Disposed
(Nov)
22
109
Total No. of Cases
37
Disposed under MONTH 3
21
9
CDP
Total No. of Cases
2
Acted upon under
CDP
c)
42
Total Disposed
(De
Total No. of Cases
Disposed under
26
MONTH 4
CDP
Total No. of Cases
10
Acted upon under
CDP
4
NO. OF MONTHS IMPLEMENTING
3
3
1
1
1
MONITORING DATA ON DISPOSITION (continuation)
TOTAL CASES DISPOSED FROM

BASELINE DATE
Sept) TOIMPLEMENTATION
248 (Feb-
165 (Feb-
137 (Feb-
299 (Feb-
404 (Feb-
172 (Feb-
Nov)
Nov)
Nov)
Nov)
Dec)
% OF CASES DISPOSED FROM

BASELINE DATE TO
IMPLEMENTATION
0.438162544
0.313092979
0.258003766
0.173032407
0.705061082
0.137380192
TOTAL CASES DISPOSED BASED

ON TARGET CASES
276
186
data
data
data
data
incomplete
incomplete
incomplete
incomplete
TOTAL CASES DISPOSED AND

ACTED UPON BASED ON TARGET
CASES
no data yet
no data yet
no data yet
data
data
data
incomplete
incomplete
incomplete
BASELINE CASELOAD
1,252
566
527
531
1728
573
CURRENT CASELOAD
1,348
449
375
545
2285
303
Reduction in Caseload between

Baseline Date to Present
117
152
-14
-557
270
-96
Percentage reduction in the

caseload between Baseline Date
to Present
| 157
0.206713781
0.288425047
-0.02636535
-0.32233796
0.471204188
-0.07667732
MONITORING SHEET - DATA ON CASEFLOW
Disposition Rate at Baseline Date

Clearance Rate at Baseline Date
Presiding Judge/Assisting Judge
Outflow as of Inventory
Inflow as of Inventory
Caseload at Baseline Date
Ourflow at Baseline Date
Caseload as of Inventory
Inflow at Baseline Date
Court
TOTAL TOTAL
PILOT
RTC BR. Xx 1,252 56 14 88.61% 2.03% 1,376 1 17
RTC BR. xx1
573 0 14 N/A 5.22% 381 10 61
METC BR. Yy1

1728 80 123 38.74% 2.03% 2150 171 91
RTC BR. Xx2 531 0 15 N/A 0.94% 501 27 4

RTC BR. Xx3 527 15 30 185.71% 5.69% 379 11 23
RTC BR. Xx4 566 24 25 N/A N/A 479 17 36
| 158
PILOT
Court
RTC BR. Xx
RTC BR. xx1
RTC BR. Xx4

RTC BR. Xx3
RTC BR. Xx2
METC BR. Yy1
Caseload as of Month 1 after
Inventory
380
457
524
2282
306
1,360
Inflowas of Month 1
TOTAL after Inventory
229
24
21
44
18
1
Outflow as of Month 1
MONITORING DATA ON CASEFLOW (Continuation)
after Inventory
TOTAL
35
20
23
97
93
13
Caseload as of end of the

year of the inventory
581
2143
329
1328
Inflow as if end of the

TOTAL
331
40
51
10
Outflow as of end of the

TOTAL
108
222
25
16
N/A
N/A
Clearance Rate for the

current year
148.10%
231.70%
31.86%
285.51%
Disposition rate for the

current year
11.23%
1%
7.98%
8.91%
3.70%
2.77%
| 159
POSTPONEMENTS
Filing to Pre-trial
No. of No. of Percentage of How many Percentage of

settings postponements postponement postponements postponement
compared to no. of caused by each caused by each
settings party party
Prosecutor,
Complainant,
Counsel for
Complainant or
Witness
PAO, Accused,
Defendant,
Counsel for
Defendant or
Respondent, or
Witness
Others
Trial to Inventory period
No. of No. of Percentage of How many Percentage of

settings postponements postponement postponements postponement
compared to no. of caused by each caused by each
settings party party
Prosecutor,
Complainant,
| 160
Counsel for
Complainant or
Witness
PAO, Accused,
Defendant,
Counsel for
Defendant or
Respondent, or
Witness
Others
| 161
SAMPLE INVENTORY FORMS
| 162
| 163
| 164
| 165

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This Manual is made possible by the support of the

American People through the United States Agency for

COMPLETENESS OF INITIATORY PLEADING / PERFECTION OF APPEAL ................................................................. 61

SERVICE OF SENTENCE IN DETENTION .................................................................................................................. 79

Inventory Report and Case Decongestion Plan

 An Inventory Report which shall contain

OCA Staff OCA Lawyer OCA

Legal Legal Legal Legal

Legal Researchers read and review original case files

Legal Researchers check if compliant with procedural

Inventory Team accomplishes and submits Case Inventory Form

OCA Lawyer/Judicial Supervisor Reviews Inventory

Judicial Supervisor Prepares Inventory Report

Inventory Report is presented to the judge

Case Decongestion Plan is prepared by the Judicial Supervisor

Case Decongestion Plan submitted to the Judge

Judge prepares the Court's Case Decongestion Plan and submits to

Implementation phase of 6 months

Inventory Team monitors Decongestion Plan implementation

Legal Researchers, if requested by Judge, shall assist in legal research

Preparation of Final Report - Invenotry Team monitoring reports and

CASES FOLDERS FROM COURT

Classify By Case Type

Care in the Handling of Court Records

Recommended Next Action

Types of Case Inventory Forms

Case Flow Management, Clearance Rate and Disposition Rate

It is important for the Hustisyeah! Decongestion project to make observations on caseflow

According to the Supreme Court’s Court Administration Management Information System

RTC Br # xxx Case Case Total Caseload Disposition rate Clearance

AGE OF CASES RTC BR xxx

LESS THAN 1 YEAR

LESS THAN 1 YEAR

Settings Postponements Percentage

Case Intervals – Compliance with Speedy Trial

RTC-CIVIL CASES Number of cases

Other Matters to be Analysed by Inventory Team

Draft Case Decongestion Plan

At the minimum, the Draft Case Decongestion Plan contains

d. Caseflow Management Data

i. Baseline – Caseflow management data per court, beginning December

Implementation and Monitoring of Case Decongestion Plan

CASES ACTED UPON DURING

Total Disposed based on

Total No. of Cases Acted

Disposed under CDP

upon under CDP

DISMISSAL MOTU GROUNDS FOR POSSIBILITY OF

•Lack of jurisdiction •CRIMINAL CASES •Can it be referred to mediation

•Jurisdiction •Service of Sentence in •Mediation

Court Parties Case Number Type of Case

•Regional Trial Court •Plaintiff •Case number •Civil case on ____

Information may be found in the caption of the pleadings of the case.

SAMPLE: CAPTION OF THE PLEADING3

REPUBLIC OF THE PHILIPPINES

Mr. Juan de la Cruz,

- versus - CIVIL CASE No. 8888

Relevant Provision of the Rules of Court / Supreme Court decisions4:

Their respective participation in the case shall be indicated. (1a, 2a)”

WARRANT OF ARREST ARREST ARRAIGNMENT

Contents of the Summons:

Issuance and Service of Summons

Service of Summons based on type of defendant

REPUBLIC OF THE PHILIPPINES

Special Commercial Courts 