RULES ON SUMMARY

PROCEDURER.A. 7691

AN ACT EXPANDING THE JURISDICTION OF METC, MTC AND MCTC

SEC. 32. JURISDICTION OF MeTC, MTC & MCTC IN CRIMINAL CASES.

EXCEPT IN CASES FALLING WITHIN THE EXCLUSIVE JURISDICTION OF RTC AND SANDIGANBAYAN, THE MeTC, MTC AND MCTC SHALL EXERCISE:

(1) EXCLUSIVE ORIGINAL JURISDICTION OVER ALL VIOLATIONS OF CITY AND MUNICIPAL ORDINANCES COMMITTED WITHIN THEIR RESPECTIVE TERRITORIAL JURISDICTION; AND

(2) EXCLUSIVE ORIGINAL JURISDICTION OVER ALL OFFENSES PUNISHABLE WITH IMPRISONMENT NOT EXCEEDING SIX (6) YEARS IRRESPECTIVE OF THE AMOUNT OF FINE, AND REGARDLESS OF OTHER IMPOSABLE ACCESSORY OR OTHER PENALTIES, INCLUDING THE CIVIL LIABILITY ARISING FROM SUCH OFFENSES OR PREDICATED THEREON, IRRESPECTIVE OF KIND, NATURE, VALUE OR AMOUNT THEREOF: PROVIDED, HOWEVER, THAT IN OFFENSES INVOLVING DAMAGE TO PROPERTY THROUGH CRIMINAL NEGLIGENCE, THEY SHALL HAVE EXCLUSIVE ORIGINAL JURISDICTION THEREOF.

SEC. 33. JURISDICTION OF MeTC, MTC & MCTC IN CIVIL CASES.

(1) EXCLUSIVE ORIGINAL JURISDICTION OVER CIVIL ACTIONS AND PROBATE PROCEEDINGS, TESTATE AND INTESTATE, INCLUDING THE GRANT OF PROVISIONAL REMEDIES IN PROPER CASES, WHERE THE VALUE OF THE PERSONAL PROPERTY, ESTATE, OR AMOUNT OF THE DEMAND DOES NOT EXCEED P100,000.00 OR, IN METROMANILA WHERE SUCH PERSONAL PROPERTY,ESTATE OR AMOUNT OF THE DEMAND DOES NOT EXCEED P200,000.00 EXCLUSIVE OF INTEREST, DAMAGES OF WHATEVER KIND, ATTORNEY’S FEES, LITIGATION EXPENSES AND COSTS, THE AMOUNT OF WHICH MUST BE SPECIFICALLY ALLEGED: PROVIDED, THAT THERE ARE SEVERAL CLAIMS OR CAUSES OF ACTION BETWEEN THE SAME OR DIFFERENT PARTIES, EMBODIED IN THE SAME COMPLAINT, THE AMOUNT OF THE DEMAND SHALL BE THE TOTALITY OF THE CLAIMS IN ALL CAUSES OF ACTION, IRRESPECTIVE OF WHETHER THE CAUSES OF ACTION AROSE OUT OF THE SAME OR DIFFERENT TRANSACTIONS;

(2) EXCLUSIVE ORIGINAL JURISDICTION OVER CASES OF FORCIBLE ENTRY AND UNLAWFUL DETAINER: PROVIDED, THAT WHEN, IN SUCH CASES, THE DEFENDANT RAISES THE QUESTION OF OWNERSHIP IN HIS PLEADINGS AND THE QUESTION OF POSSESSION CANNOT BE RESOLVED WITHOUT DECIDING THE ISSUE OF OWNERSHIP, THE ISSUE OF OWNERSHIP SHALL BE RESOLVED ONLY TO DETERMINE THE ISSUE OF POSSESSION.

(3) EXCLUSIVE ORIGINAL JURISDICTION IN ALL CIVIL ACTIONS WHICH INVOLVE TITLE TO, OR POSSESSION OF, REAL PROPERTY, OR ANY INTEREST THEREIN WHERE THE ASSESSED VALUE OF THE PROPERTY OR INTEREST THEREIN DOES NOT EXCEED P20,000.00 OR, IN CIVIL ACTIONS IN METRO MANILA, WHERE SUCH ASSESSED VALUE DOES NOT EXCEED P50,000.00 EXCLUSIVE OF INTEREST, DAMAGES OF WHATEVER KIND, ATTORNEY’S FEES, LITIGATION EXPENSES AND COSTS: PROVIDED, THAT VALUE OF SUCH PROPERTY SHALL BE DETERMINED BY THE ASSESSED VALUE OF THE ADJACENT LOTS.

SEC. 34. DELEGATED JURISDICTION IN CADASTRAL & LAND REGISTRATION CASES.MTC MAY BE ASSIGNED BY THE SUPREME COURT TO HEAR AND DETERMINE CADASTRAL OR LAND REGISTRATION CASES COVERING LOTS WHERE THERE IS NO CONTROVERSY OR OPPOSITION, OR CONTESTED LOTS WHERE THE VALUE OFWHICH DOES NOT EXCEED P100,000.00, SUCH VALUE TO BE ASCERTAINED BY THE AFFIDAVIT OF THE CLAIMANT OR BY AGREEMENT FO THE RESPECTIVE CLAIMANTS IF THERE ARE MORE THAN ONE, OR FROM THE CORRESPONDING TAX DECLARATION OF REAL PROPERTY.

SEC. 35. SPECIAL JURISDICTION IN CERTAIN CASES.

IN THE ABSENCE OF ALL REGIONAL TRIAL JUDGES IN A PROVINCE OR CITY, ANY METROPOLITAN TRIAL JUDGE, MUNICIPAL TRIAL JUDGE, MUNICIPAL CIRCUIT TRIAL JUDGE MAY HEAR AND DECIDE PETITIONS FOR A WRIT OF HABEAS CORPUS OR APPLICATIONS FOR BAIL IN CRIMINAL CASES IN THE PROVINCE OR CITY WHERE THE ABSENT REGIONAL TRIAL JUDGES SIT.

SEC. 36. SUMMARY PROCEDURES IN SPECIAL CASES.

IN METC AND MTC WITH AT LEAST TWO BRANCHES, THE SC MAY DESIGNATED ONE OR MORE BRANCHES THEREOF TO TRY EXCLUSIVELY FORCIBLE ENTRY AND UNLAWFUL DETAINER CASES, THOSE INVOLVING VIOLATIONS OF TRAFFIC LAWS, RULES AND REGULATIONS, VIOLATIONS OF RENTAL LAW, AND SUCH OTHER CASES REQUIRING SUMMARY DISPOSITION AS THE SUPREME COURT MAY DETERMINE.

THE AMOUNT OF THE ORIGINAL EXCLUSIVE JURISDICTION ON CIVIL CASES OF THE FIRST LEVEL COURTS WERE DOUBLED AS OF MARCH 20, 1999 AS PROVIDED UNDER SEC. 5 OF RA 7691; CIRCULAR 21-99. THE ORIGINAL AMOUNT OF P100,000.00 WAS INCREASED TO P200,000.00. FIVE YEARS THEREAFTER, P200,000.00 WILL BE INCREASED TO P300,000.00. TO QUOTE SEC. 5 OF RA 7691:

SECTION 5. AFTER 5 YEARS FROM THE EFFECTIVITY OF THIS ACT, THE JURISDICTIONAL AMOUNTS MENTIONED IN SEC. 19(3), (4) AND (8); AND SEC. 33(1) OF BP 129 AS AMENDED BY THIS ACT, SHALL BE ADJUSTED TO P200,000.00. FIVE YEARS THEREAFTER, SUCH JURISDICTIONAL AMOUNTS SHALL BE ADJUSTED FURTHER TO P300,000.00: PROVIDED, HOWEVER, THAT IN THE CASE OF METRO MANILA, THE ABOVEMENTIONED JURISDICTIONAL AMOUNTS SHALL BE ADJUSTED AFTER 5 YEARS FROM THE EFFECTIVITY OF THIS ACT TO P400,000.00.

FEATURES OF SUMMARY PROCEDURE

1. Unlike the regular procedure, the summary procedure does not allow: 3-party complaint, complaint-in-intervention, reply, counter-claims, counter-cross-claims, motion to dismiss (except lack of jurisdiction over subject matter and non-compliance of barangay conciliation), motion for bill of particulars, motion for new trial, motion for reconsideration of a judgment, motion for reopening trial, motion to declare defendant in default, petition for relief of judgment, motion for extension of time to file pleadings, petition for certiorari, petition for mandamus, petition for prohibition against interlocutory order, and dilatory motions for postponement.

FEATURES OF SUMMARY PROCEDURE

2. Unlike the regular procedure, the summary procedure grants the power to the first level courts to dismiss the civil case outright for any of the grounds enumerated under Sec. 1 (a to j), Rule 16 of the 1991 Revised Rule on Summary Procedure and to dismiss a criminal case for being patently without merit.

FEATURES OF SUMMARY PROCEDURE

3. Unlike the regular procedure which provides for fifteen (15) days to file an answer to a complaint after service of summons (Sec. 1, Rule 11, Revised Rules on Civil Procedure), the summary procedure provides for ten (10) days to file an answer to a complaint after service of summons in a civil case (Sec. 5, Rules on Summary Procedure). However, in a criminal case, the period to file a counter-affidavit is same with the regular procedure which is ten (10) days.

FEATURES OF SUMMARY PROCEDURE

4. Unlike the regular procedure which the court may declare the defendant in default for the latter’s failure to file an answer upon motion by the plaintiff (Sec. 3, Rule 9, Revised Rule on Civil Procedure), the summary procedure gives the first level courts, on its own or on motion of the plaintiff, the power to render judgment on the basis of the allegations in the complaint and grant the plaintiff’s prayers but may reduce the amount of damages and attorney’s fees in its discretion when defendant fails to file an answer. (Sec. 6, Rules on Summary Procedure).

FEATURES OF SUMMARY PROCEDURE

5. Unlike the regular procedure, the summary procedure has no formal hearing of the civil case because of first level courts decide the case based on the affidavits and position papers submitted by the parties; and

6. Unlike the regular procedure, the summary procedure’s conduct of direct examination is shortened because the affidavit of the witness constitutes as a direct testimony subject to cross-examination.

PURPOSE OF SUMMARY PROCEDURE

TO ACHIEVE AN EXPEDITIOUS AND INEXPENSIVE DETERMINATION OF CASES REFERRED UNDER SEC. 1 OF THE 1991 REVISED RULES ON SUMMARY PROCEDURE.

SUMMARY MEANS DISPATCH, WITH THE LEAST POSSIBLE DELAY,SIGNIFYING THAT THE POWER MAY BE EXERCISED WITHOUT A TRIAL IN THE ORDINARY MANNER PRESCRIBED BY THE LAW FOR THE REGULAR JUDICIAL PROCEEDINGS.

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FORCIBLE ENTRY

It is an action to recover possession of a property from the defendant whose occupation thereof is illegal from the beginning as he acquired possession by F.I.S.T.S. In forcible entry, the plaintiff must allege in the complaint, and prove, that he was in prior physical possession of the property in dispute until he was deprived thereof by the defendant by any of the means provided in Sec. 1, Rule 70 of the Rules either by F.I.S.T.S. As time is of the essence, and the fact that the defendnts are mere intruders or usurprers who have no possessory right whatsoever over the land illegally occupied by them, trifling technicalities that would tend to defeat the speedy administration of justice formal demand is not necessary thereto.

UNLAWFUL DETANER

It is an action for recovery of possession from the defendant whose possession of the property was inceptively lawful by virtue of a contract whether express or implied with the plaintiff, but became illegal when he continued his possession despite the termination of his right thereunder. In unlawful detainer, there must be an allegation in the complaint of how the possession of defendant started or continued, tht is, by virtue of lease or any other contract, and that defendant holds possession of the land or building “after the expiration or termination of the right to hold possession by virtue of any contract, express or implied.” The possession of the defendant in unlawful detainer is originally legal but became illegal due to the expiration or termination of the right to possess. The action must be brought within one year from the date of last demand; and the issue in said case is the right to physical possession.