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RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS (A.M. No. 08-8-7-SC)
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RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS (A.M. No. 08-8-7-SC)
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS A.M. No. 08-8-7-SC
March 1, 2022
Case Overview and Summary
RULE I: APPLICABILITYSection 1. Coverage (A. Civil Cases, B. Criminal Cases), Section 2. Non-applicability
RULE II: GENERAL COMMON PROVISIONS
Section 1. Applicability of the regular rules
Section 2. Prohibited pleadings and motions (lists prohibited pleadings and motions)
Section 3. Videoconference (court may set videoconference hearing)
Section 4. Service pursuant to international convention
RULE III: THE RULE ON SUMMARY PROCEDURE
A. CIVIL CASES
Section 1. Pleadings and verification (only complaint, counterclaim, cross-claim, reply allowed)
Section 2. Form and contents of pleadings (must comply with Rule 7, statement of compliance with barangay conciliation)
Section 3. Complaint (must state names of affiants, summary of statements, documentary evidence, consent to electronic service)
Section 4. Summons (court to issue summons within 5 days, may dismiss case if ground for dismissal is apparent)
Section 5. Filing and service (rules on filing and service of pleadings)
Section 6. Answer (must file answer within 30 days, requirements for answer)
Section 7. Counterclaims within the coverage of this Rule (requirements for counterclaims, amounts exceeding ₱2,000,000 deemed waived)
Section 8. Reply (allowed only when actionable document is attached to answer, must file within 10 days)
Section 9. Effect of failure to answer (court to render judgment based on complaint if no answer filed)
Section 10. Preliminary Conference; notice (notice to include dates for preliminary conference, court-annexed mediation, judicial dispute resolution)
Section 11. Preliminary Conference Brief (must file brief 3 days before preliminary conference, requirements for brief)
Section 12. Appearance at Preliminary Conference (parties and counsel must appear, non-appearance may cause dismissal or judgment on counterclaim)
Section 13. Preliminary Conference Order (court to issue order referring parties to mediation and dispute resolution, may render judgment if case is submitted)
Section 14. Rendition of judgment (court to render judgment within 30 days from mediator's report, may require clarificatory judicial affidavits)
B. CRIMINAL CASES
Section 1. How commenced; filing and service (by complaint or information, with judicial affidavits)
Section 2. Duty of court; judicial affidavits (court may dismiss for lack of probable cause, or require counter-affidavits from accused)
Section 3. Determination of probable cause (court to determine if probable cause exists to hold accused for trial)
Section 4. Arrest (no warrant of arrest to be issued, except for failure to appear)
Section 5. Arraignment and pre-trial (arraignment and pre-trial within 10 days for detained accused, 30 days for non-detained, court to inquire into plea bargain)
Section 6. Trial and offer (testimonies to consist of written statements/affidavits, time limits for prosecution and defense to present evidence)
Section 7. Judgment (court to render judgment within 30 days from action on last party's offer of evidence)
C. APPEALS IN SUMMARY PROCEDURE
Section 1. Ordinary appeal (judgment may be appealed to RTC within 15 days)
Section 2. Remedy from judgment on appeal (RTC judgment is final and unappealable)
RULE IV: THE RULE ON SMALL CLAIMS
Section 1. Scope (covers claims not exceeding ₱1,000,000)
Section 2. Objectives
Section 3. Definition of terms
Section 4. Commencement of small claims action (by filing Statement of Claim with affidavits and evidence)
Section 5. Venue for small claims cases (rules on venue, special rules if plaintiff is engaged in lending business)
Section 6. Joinder of claims (claims against a defendant may be joined if total does not exceed ₱1,000,000)
Section 7. Affidavits (requirements for affidavits, inadmissible portions to be expunged)
Section 8. Payment of filing fees (fees prescribed under Rule 141, exemptions, additional fees for multiple claims)
Section 9. Dismissal of the claim (grounds for outright dismissal by court)
Section 10. Summons and Notice of Hearing (court to issue summons and notice of hearing within 24 hours)
Section 11. Electronic filing and service (allowed with consent of parties)
Section 12. Service of Summons (summons to be served within 10 days, procedures if summons is returned without service)
Section 13. Response (defendant to file response within 10 days, with evidence)
Section 14. Effect of failure to file response (court to render judgment based on Statement of Claim if no response filed)
Section 15. Counterclaims within the coverage of this Rule (requirements for counterclaims, amounts exceeding ₱1,000,000 deemed waived)
Section 16. Availability of forms; assistance by court personnel (court personnel to provide assistance)
Section 17. Appearance (parties to personally appear, requirements for representatives)
Section 18. Appearance of attorneys not allowed (attorneys cannot represent parties)
Section 19. Non-appearance of parties (effects of non-appearance of plaintiff or defendant)
Section 20. Postponement when allowed (only one postponement allowed for physical inability)
Section 21. Duty of the court (judge to explain nature and purpose of small claims procedure)
Section 22. Hearing (court to first attempt settlement, procedures if settlement is reached or not reached)
Section 23. Resort to alternative videoconferencing platform (court may allow alternative platforms if conditions are met)
Section 24. Decision (court to render decision within 24 hours from termination of hearing, decision is final and unappealable)
Section 25. Execution (execution to issue upon ex parte motion of winning party)
Section 26. Certification of documents (documents to be certified by parties)
Section 27. Non-applicability (rules on mediation and judicial dispute resolution do not apply)
RULE V: EFFECTIVITY
The Rules shall take effect on 11 April 2022 and apply prospectively to cases filed from that date.
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barangay amicable settlement
arbitration awards
revival of judgment
bouncing checks law
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RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS (A.M. No. 08-8-7-SC)
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS A.M. No. 08-8-7-SC
•March 1, 2022
RULE I
APPLICABILITY
Section 1. Coverage. – These Rules shall govern the expedited procedures in the Metropolitan Trial Courts (MeTCs), the Municipal Trial Courts in Cities (MTCCs), the Municipal Trial Courts (MTCs), and the Municipal Circuit Trial Courts (MCTCs), for the following cases falling within their jurisdiction:
A. CIVIL CASES
(1) Summary Procedure Cases, as follows:
(a) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed One Hundred Thousand Pesos (₱100,000.00).
(b) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff ’s claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.
(c) Complaints for damages where the claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of interest and costs.
(d) Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim...
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Amends
n/a
Amended by
n/a
Tags
Rules
expedited procedures
first level courts
summary procedure
small claims
civil cases
criminal cases
forcible entry
unlawful detainer
damages
unpaid rentals
attorney's fees
probate proceedings
admiralty
maritime actions
barangay amicable settlement
arbitration awards
revival of judgment
bouncing checks law
traffic laws
rental law
municipal ordinances
imprisonment
fine
criminal negligence
prohibited pleadings
motions
videoconference
international convention
service abroad
judicial affidavits
preliminary conference
court-annexed mediation
judicial dispute resolution
counterclaim
cross-claim
reply
judgment
appeals
venue
joinder of claims
affidavits
filing fees
indigent
summons
notice of hearing
electronic filing
service
response
counterclaims
forms
assistance
appearance
attorneys
non-appearance
postponement
settlement
decision
execution
certification
mediation
effectivity
RULE I
APPLICABILITY
Section 1. Coverage. – These Rules shall govern the expedited procedures in the Metropolitan Trial Courts (MeTCs), the Municipal Trial Courts in Cities (MTCCs), the Municipal Trial Courts (MTCs), and the Municipal Circuit Trial Courts (MCTCs), for the following cases falling within their jurisdiction:
A. CIVIL CASES
(1) Summary Procedure Cases, as follows:
(a) Forcible entry and unlawful detainer cases, regardless of the amount of damages or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the same shall not exceed One Hundred Thousand Pesos (₱100,000.00).
(b) All civil actions, except probate proceedings, admiralty and maritime actions, and small claims cases falling under Rule IV hereof, where the total amount of the plaintiff ’s claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.
(c) Complaints for damages where the claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of interest and costs.
(d) Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim...
Login to see full content
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