The Revised Katarungang Pambarangay Law under R. A.
7160, otherwise [6] Offenses for which the law prescribes a maximum penalty of
known as the Local Government Code of 1991, effective on January 1, 1992
and which repealed P. D. 1508, introduced substantial changes not only in the
authority granted to the Lupong Tagapamayapa but also in the procedure to
be observed in the settlement of disputes within the authority of the
Lupon.cralaw
In order that the laudable purpose of the law may not be subverted and its
effectiveness undermined by indiscriminate, improper and/or premature
issuance of certifications to file actions in court by the Lupon or Pangkat
Secretaries, attested by the Lupon/Pangkat Chairmen, respectively, the
following guidelines are hereby issued for the information of trial court
judges in cases brought before them coming from the Barangays:chanrobles
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I. All disputes are subject to Barangay conciliation pursuant to the Revised
Katarungang Pambarangay Law [formerly P. D. 1508, repealed and now
replaced by Secs. 399-422, Chapter VII, Title I, Book III, and Sec. 515, Title I,
Book IV, R.A. 7160, otherwise known as the Local Government Code of 1991],
and prior recourse thereto is a pre-condition before filing a complaint in court
or any government offices, except in the following disputes:chanrobles
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[1] Where one party is the government, or any subdivision or instrumentality
thereof;
[2] Where one party is a public officer or employee and the dispute relates to
the performance of his official functions;
[3] Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
[4] Any complaint by or against corporations, partnerships or juridical
entities, since only individuals shall be parties to Barangay conciliation
proceedings either as complainants or respondents [Sec. 1, Rule VI,
Katarungang Pambarangay Rules];
[5] Disputes involving parties who actually reside in barangays of different
cities or municipalities, except where such barangay units adjoin each other
and the parties thereto agree to submit their differences to amicable
settlement by an appropriate Lupon;
imprisonment exceeding one [1] year or a fine of over five thousand pesos
(P5,000.00);
[7] Offenses where there is no private offended party;
[8] Disputes where urgent legal action is necessary to prevent injustice from
being committed or further continued, specifically the following:chanrobles
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[a] Criminal cases where accused is under police custody or detention [See
Sec. 412 (b) (1), Revised Katarungang Pambarangay Law];
[b] Petitions for habeas corpus by a person illegally deprived of his rightful
custody over another or a person illegally deprived of or on acting in his
behalf;
[c] Actions coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property and support during the pendency
of the action; and cralaw
[d] Actions which may be barred by the Statute of Limitations.
[9] Any class of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice;
[10] Where the dispute arises from the Comprehensive Agrarian Reform Law
(CARL) [Secs. 46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-employee
relations [Montoya vs. Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as
amended, which grants original and exclusive jurisdiction over conciliation
and mediation of disputes, grievances or problems to certain offices of the
Department of Labor and Employment];
[12] Actions to annul judgment upon a compromise which may be filed
directly in court [See Sanchez vs. Tupaz, 158 SCRA 459].cralaw
II. Under the provisions of R. A. 7160 on Katarungang Pambarangay
conciliation, as implemented by the Katarungang Pambarangay Rules and
Regulations promulgated by the Secretary of Justice, the certification for
filing a complaint in court or any government office shall be issued by
Barangay authorities only upon compliance with the following
requirements:chanroblesvirtuallawlibrary
[1] Issued by the Lupon Secretary and attested by the Lupon Chairman
(Punong Barangay), certifying that a confrontation of the parties has taken
place and that a conciliation settlement has been reached, but the same has
been subsequently repudiated (Sec. 412, Revised Katarungang Pambarangay
Law; Sec. 2[h], Rule III, Katarungang Pambarangay Rules);
[2] Issued by the Pangkat Secretary and attested by the Pangkat Chairman
certifying that:chanroblesvirtuallawlibrary
[a] a confrontation of the parties took place but no conciliation/settlement
has been reached (Sec. 4[f], Rule III, Katarungang Pambarangay Rules); or
[b] that no personal confrontation took place before the Pangkat through no
fault of the complainant (Sec. 4[f], Rule III, Katarungang pambarangay Rules).
[3] Issued by the Punong Barangay as requested by the proper party on the
ground of failure of settlement where the dispute involves members of the
same indigenous cultural community, which shall be settled in accordance
with the customs and traditions of that particular cultural community, or
where one or more of the parties to the aforesaid dispute belong to the
minority and the parties mutually agreed to submit their dispute to the
indigenous system of amicable settlement, and there has been no settlement
as certified by the datu or tribal leader or elder to the Punong Barangay of
place of settlement (Secs. 1,4 & 5, Rule IX, Katarungang Pambarangay Rules);
and
[4] If mediation or conciliation efforts before the Punong Barangay proved
unsuccessful, there having been no agreement to arbitrate (Sec. 410 [b],
Revised Katarungang Pambarangay Law; Sec. 1, c. (1), Rule III, Katarungang
Pambarangay Rules), or where the respondent fails to appear at the
mediation proceeding before the Punong Barangay (3rd par. Sec. 8, a, Rule
VI, Katarungang Pambarangay Rules), the Punong Barangay shall not cause
the issuance at this stage of a certification to file action, because it is now
mandatory for him to constitute the Pangkat before whom mediation,
conciliation, or arbitration proceedings shall be held.cralaw
III. All complaints and/or informations filed or raffled to your sala/branch of
the Regional Trial Court shall be carefully read and scrutinized to determine
if there has been compliance with prior Barangay conciliation procedure
under the Revised Katarungang Pambarangay Law and its Implementing
Rules and Regulations as a pre-condition to judicial action, particularly
whether the certification to file action attached to the records of the case
comply with the requirements hereinabove enumerated in Par. II;
IV. A case filed in court without compliance with prior Barangay conciliation
which is a pre-condition for formal adjudication (Sec. 412 [a] of the Revised
Katarungang Pambarangay Law) may be dismissed upon motion of
defendant/s, not for lack of jurisdiction of the court but for failure to state a
cause of action or prematurity (Royales vs. IAC, 127 SCRA 470; Gonzales vs.
CA, 151 SCRA 289), or the court may suspend proceedings upon petition of
any party under Sec. 1, Rule 21 of the Rules of Court; and refer the case motu
proprio to the appropriate Barangay authority applying by analogy Sec. 408
[g], 2nd par., of the Revised Katarungang Pambarangay Law which reads as
follows:chanrobles virtual law library
"The court in which non-criminal cases not falling within the authority of the
Lupon under this Code are filed may, at any time before trial,motu
proprio refer case to the Lupon concerned for amicable settlement.
Strict observance of these guidelines is enjoined. This Administrative Circular
shall be effective immediately.
Manila, Philippines; July 15, 1993
REVISED RULES ON SUMMARY PROCEDURE
RESOLUTION OF THE COURT EN BANC DATED OCTOBER 15,
1991 PROVIDING FOR THE REVISED RULE ON SUMMARY
PROCEDURE FOR METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND
MUNICIPAL CIRCUIT TRIAL COURTS.
Pursuant to Section 36 of the Judiciary Reorganization Act of
1980 (B.P Blg. 129) and to achieve an expeditious and
inexpensive determination of the cases referred to herein, the
Court Resolved to promulgate the following Revised Rule on
Summary Procedure:chanroblesvirtuallawlibrary
I.
Applicability
Section 1. Scope. — This rule shall govern the summary
procedure in the Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, and the Municipal
Circuit Trial Courts in the following cases falling within their
jurisdiction:chanroblesvirtuallawlibrary
A. Civil Cases:chanroblesvirtuallawlibrary
(1) All cases of forcible entry and unlawful detainer,
irrespective of the amount of damages or unpaid rentals
sought to be recovered. Where attorney's fees are awarded,
the same shall not exceed twenty thousand pesos
(P20,000.00).
(2) All other civil cases, except probate proceedings, where the
total amount of the plaintiff's claim does not exceed ten
thousand pesos (P10,000.00), exclusive of interest and
costs.chanrobles virtual law library chanrobles virtual law
library
B. Criminal Cases:chanroblesvirtuallawlibrary
(1) Violations of traffic laws, rules and regulations; chanrobles
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(2) Violations of the rental law; chanrobles virtual law library
(3) Violations of municipal or city ordinances; chanrobles
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(4) All other criminal cases where the penalty prescribed by
law for the offense charged is imprisonment not exceeding six
months, or a fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to property
through criminal negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos
(P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs
cause of action is pleaded in the same complaint with another
cause of action subject to the ordinary procedure; nor to a
criminal case where the offense charged is necessarily related
to another criminal case subject to the ordinary
procedure.chanrobles virtual law library chanrobles virtual law
library
Sec. 2. Determination of applicability. — Upon the filing of a
civil or criminal action, the court shall issue an order declaring
whether or not the case shall be governed by this Rule A
patently erroneous determination to avoid the application of
the Rule on Summary Procedure is a ground for disciplinary
action.chanrobles virtual law library chanrobles virtual law
library
II.
Civil Cases
Sec. 3. Pleadings. —
A. Pleadings allowed. — The only pleadings allowed to be filed
are the complaints, compulsory counterclaims and cross-
claims' pleaded in the answer, and the answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines that the
case falls under summary procedure, it may, from an
examination of the allegations therein and such evidence as
may be attached thereto, dismiss the case outright on any of
the grounds apparent therefrom for the dismissal of a civil
action. If no ground for dismissal is found it shall forthwith
issue summons which shall state that the summary procedure
under this Rule shall apply. d-c chanrobles virtual law library
Sec. 5. Answer. — Within ten (10) days from service of
summons, the defendant shall file his answer to the complaint
and serve a copy thereof on the plaintiff. Affirmative and
negative defenses not pleaded therein shall be deemed
waived, except for lack of jurisdiction over the subject matter.
Cross-claims and compulsory counterclaims not asserted in the
answer shall be considered barred. The answer to
counterclaims or cross-claims shall be filed and served within
ten (10) days from service of the answer in which they are
pleaded.chanrobles virtual law library chanrobles virtual law
library
Sec. 6. Effect of failure to answer. — Should the defendant fail
to answer the complaint within the period above provided, the
court, motu proprio, or on motion of the plaintiff, shall render
judgment as may be warranted by the facts alleged in the
complaint and limited to what is prayed for therein: Provided,
however, that the court may in its discretion reduce the
amount of damages and attorney's fees claimed for being
excessive or otherwise unconscionable. This is without
prejudice to the applicability of Section 4, Rule 15 of the Rules
of Court, if there are two or more defendants.
Sec. 7. Preliminary conference; appearance of parties. — Not
later than thirty (30) days after the last answer is filed, a
preliminary conference shall be held. The rules on pre-trial in
ordinary cases shall be applicable to the preliminary
conference unless inconsistent with the provisions of this
Rule.chanrobles virtual law library chanrobles virtual law
library
The failure of the plaintiff to appear in the preliminary
conference shall be a cause for the dismissal of his complaint.
The defendant who appears in the absence of the plaintiff shall
be entitled to judgment on his counterclaim in accordance with
Section 6 hereof. All cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff shall be
entitled to judgment in accordance with Section 6 hereof. This
Rule shall not apply where one of two or more defendants sued
under a common cause of action who had pleaded a common
defense shall appear at the preliminary conference.
Sec. 8. Record of preliminary conference. — Within five (5)
days after the termination of the preliminary conference, the
court shall issue an order stating the matters taken up therein,
including but not limited to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the parties;.
(c) Whether, on the basis of the pleadings and the stipulations
and admissions made by the parties, judgment may be
rendered without the need of further proceedings, in which
event the judgment shall be rendered within thirty (30) days
from issuance of the order;
(d) A clear specification of material facts which remain
controverted; and chanrobles virtual law library
(e) Such other matters intended to expedite the disposition of
the case.chanrobles virtual law library chanrobles virtual law
library
Sec. 9. Submission of affidavits and position papers. — Within
ten (10) days from receipt of the order mentioned in the next
preceding section, the parties shall submit the affidavits of
their witnesses and other evidence on the factual issues
defined in the order, together with their position papers
setting forth the law and the facts relied upon by
them.chanrobles virtual law librarychanrobles virtual law
library
Sec. 10. Rendition of judgment. — Within thirty (30) days
after receipt of the last affidavits and position papers, or the
expiration of the period for filing the same, the court shall
render judgment.
However should the court find it necessary to clarify certain
material facts, it may, during the said period, issue an order
specifying the matters to be clarified, and require the parties
to submit affidavits or other evidence on the said matters
within ten (10) days from receipt of said order. Judgment shall
be rendered within fifteen (15) days after the receipt of the last
clarificatory affidavits, or the expiration of the period for filing
the same.
The court shall not resort to the clarificatory procedure to gain
time for the rendition of the judgment.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal cases
falling within the scope of this Rule shall be either by complaint
or by information: Provided, however, that in Metropolitan
Manila and in Chartered Cities. such cases shall be commenced
only by information, except when the offense cannot be
prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be accompanied by the
affidavits of the compliant and of his witnesses in such number
of copies as there are accused plus two (2) copies for the
court's files.If this requirement is not complied with within five
(5) days from date of filing, the care may be
dismissed.chanrobles virtual law library chanrobles virtual law
library
Sec. 12. Duty of court. — chanrobles virtual law library
(a) If commenced by compliant. — On the basis of the
compliant and the affidavits and other evidence accompanying
the same, the court may dismiss the case outright for being
patently without basis or merit and order the release of the
amused if in custody.
(b) If commenced by information. — When the case is
commenced by information, or is not dismissed pursuant to
the next preceding paragraph, the court shall issue an order
which, together with copies of the affidavits and other
evidence submitted by the prosecution, shall require the
accused to submit his counter-affidavit and the affidavits of his
witnesses as well as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not later than ten
(10) days from receipt of said order. The prosecution may file
reply affidavits within ten (10) days after receipt of the
counter-affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a
consideration of the complaint or information and the
affidavits submitted by both parties, find no cause or ground to
hold the accused for trial, it shall order the dismissal of the
case; otherwise, the court shall set the case for arraignment
and trial.
If the accused is in custody for the crime charged, he shall be
immediately arraigned and if he enters a plea of guilty, he shall
forthwith be sentenced.chanrobles virtual law
library chanrobles virtual law library
Sec. 14. Preliminary conference. — Before conducting the
trial, the court shall call the parties to a preliminary conference
during which a stipulation of facts may be entered into, or the
propriety of allowing the accused to enter a plea of guilty to a
lesser offense may be considered, or such other matters may
be taken up to clarify the issues and to ensure a speedy
disposition of the case.However, no admission by the accused
shall be used against him unless reduced to writing and signed
by the accused and his counsel.A refusal or failure to stipulate
shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits
submitted by the parties shall constitute the direct testimonies
of the witnesses who executed the same. Witnesses who
testified may be subjected to cross-examination, redirect or re-
cross examination. Should the affiant fail to testify, his affidavit
shall not be considered as competent evidence for the party
presenting the affidavit, but the adverse party may utilize the
same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed
to testify unless his affidavit was previously submitted to the
court in accordance with Section 12 hereof.chanrobles virtual
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However, should a party desire to present additional affidavits
or counter-affidavits as part of his direct evidence, he shall so
manifest during the preliminary conference, stating the
purpose thereof. If allowed by the court, the additional
affidavits of the prosecution or the counter-affidavits of the
defense shall be submitted to the court and served on the
adverse party not later than three (3) days after the
termination of the preliminary conference. If the additional
affidavits are presented by the prosecution, the accused may
file his counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the
arrest of the accused except for failure to appear whenever
required. Release of the person arrested shall either be on bail
or on recognizance by a responsible citizen acceptable to the
court.
Sec. 17. Judgment. — Where a trial has been conducted, the
court shall promulgate the judgment not later than thirty (30)
days after the termination of trial.chanrobles virtual law
library chanrobles virtual law library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral to the
Lupon for conciliation under the provisions of Presidential
Decree No. 1508 where there is no showing of compliance with
such requirement, shall be dismissed without prejudice and
may be revived only after such requirement shall have been
complied with. This provision shall not apply to criminal cases
where the accused was arrested without a warrant.chanrobles
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Sec. 19. Prohibited pleadings and motions. — The following
pleadings, motions or petitions shall not be allowed in the
cases covered by this Rule: chanrobles virtual law library
(a) Motion to dismiss the complaint or to quash the complaint
or information except on the ground of lack of jurisdiction over
the subject matter, or failure to comply with the preceding
section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment,
or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or
any other paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
(h) Motion to declare the defendant in default; chanrobles
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(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted
under this Rule shall state only facts of direct personal
knowledge of the affiants which are admissible in evidence,
and shall show their competence to testify to the matters
stated therein.
A violation of this requirement may subject the party or the
counsel who submits the same to disciplinary action, and shall
be cause to expunge the inadmissible affidavit or portion
thereof from the record.chanrobles virtual law
library chanrobles virtual law library
Sec. 21. Appeal. — The judgment or final order shall be
appealable to the appropriate regional trial court which shall
decide the same in accordance with Section 22 of Batas
Pambansa Blg. 129. The decision of the regional trial court in
civil cases governed by this Rule, including forcible entry and
unlawful detainer, shall be immediately executory, without
prejudice to a further appeal that may be taken
therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. — The regular
procedure prescribed in the Rules of Court shall apply to the
special cases herein provided for in a suppletory capacity
insofar as they are not inconsistent herewith. chanrobles
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Sec. 23. Effectivity. — This revised Rule on Summary
Procedure shall be effective on November 15, 1991.chanrobles
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