RULE 11 - WHEN TO FILE RESPONSIVE PLEADINGS 3.

Reply – the plaintiff’s response to new

matters in the defendant’s answer.
A Complaint 4. Counterclaim – a claim filed by the defendant
A complaint is a sworn written statement charging a against the plaintiff arising from the same transaction.
person with an offense, subscribed by the offended party, 5. Cross-claim – a claim by one defendant
any peace officer, or other public officer charged with the against another co-defendant, or one plaintiff against
enforcement of the law violated. another co-plaintiff.
6. Amended Complaint – a modified version of
Example: the original complaint to correct errors or include new
Juan sues Pedro for non-payment of ₱100,000, stating when parties or facts.
the loan was made, the amount, and asking the court to 7. Supplemental Complaint – sets forth events
order payment. This document is a complaint. that occurred after the filing of the original complaint.

A pleading is a formal written statement submitted to the ⸻

court by a party in a lawsuit, under the Rules of Court of
the Philippines. It sets forth the party’s claims, defenses, or 3. Requirements of a Pleading
objections and forms the basis for the court to understand
the dispute and decide the case. A proper pleading must:
• Be signed by the party or counsel
1. Purpose of a Pleading • Contain a caption with the court, case
number, and parties
The main purposes are: • Clearly state the facts, claims, or defenses
1. To inform the court of the facts, claims, and • Include a prayer for relief (what the party
defenses. wants the court to order)
2. To notify the other party of the allegations or
defenses so they can prepare a response. ⸻
3. To define the issues that the court will
resolve at trial. 4. Example
4. To prevent surprise and ensure fairness.
Scenario
⸻
Juan sues Pedro for non-payment of a ₱100,000 loan.
2. Types of Pleadings • Complaint: Juan files a document stating that
Pedro borrowed money and has not paid.
Under Rule 6 of the Rules of Court, the main pleadings are: • Answer: Pedro responds denying the debt or
1. Complaint – the plaintiff’s initial pleading asserting defenses like “loan already paid.”
stating the facts, cause of action, and relief sought. • Reply: Juan may reply to new defenses raised
2. Answer – the defendant’s response to the by Pedro.
complaint, admitting or denying allegations and raising
defenses. ⸻
5. Key Points • Complaint → starts the case.
• Pleadings are the backbone of a civil case. • Pleading → any formal court document
• They define the scope of the case. presenting claims or defenses.
• Each party has the right to respond to
pleadings.
• Proper pleadings are necessary for the court An Answer is a pleading filed by a defendant in response to
to exercise jurisdiction. a complaint under the Rules of Court of the Philippines,
specifically under Rule 8 of the Rules of Court.

✅ Short Recitation Definition: It is essentially the defendant’s formal written response to

the plaintiff’s allegations.
A Pleading is a formal written statement filed in court by a
party, stating the facts, claims, or defenses, to inform the ⸻
court and the opposing party of the issues in the case.
1. Purpose of an Answer
✅ Key Difference
The main purposes of an Answer are:
Complaint Pleading 1. To admit or deny allegations in the complaint.
2. To present defenses or objections to the
A type of pleading that starts a case. A general term complaint.
for any written 3. To assert counterclaims or cross-claims, if
statement in applicable.
court presenting 4. To put the plaintiff on notice of the
claims, defenses, defendant’s position.
or objections.
Filed by the plaintiff. Can be filed by ⸻
any party
(plaintiff or 2. Contents of an Answer
defendant).
An Answer typically contains:
Contains facts, cause of action, and [Link] any 1. Admissions – facts that the defendant agrees
statement of are true.
facts, claims, Example: “Defendant admits that he signed the contract.”
defenses, or 2. Denials – facts that the defendant claims are
replies, false.
depending on the Example: “Defendant denies that he failed to pay the
type. amount due.”
3. Affirmative Defenses – facts or legal
💡 Simple way to remember: arguments that defeat or lessen the plaintiff’s claim.
All complaints are pleadings, but not all pleadings are Example: “The claim is barred by prescription.”
complaints.
 4. Counterclaims (optional) – a claim the
defendant asserts against the plaintiff arising from the 5. Key Points
same transaction or occurrence. • An Answer is the main pleading of the
Example: “Defendant counterclaims for damages caused by defendant.
plaintiff’s breach.” • It must respond to all allegations in the
5. Prayer for relief – what the defendant wants complaint.
the court to do. • It can include defenses, counterclaims, and
Example: “Defendant prays that the complaint be dismissed cross-claims.
with costs.” • Failure to file an Answer may lead to default
judgment.
⸻
⸻
3. When to File an Answer
• The defendant must file an Answer within the ✅ Short Recitation Definition:
period specified in the summons. An Answer is a pleading filed by the defendant in response
• Usually, the period is 15 calendar days from to the complaint, admitting or denying allegations, raising
receipt of summons for domestic defendants. defenses, and possibly asserting counterclaims or cross-
claims, to put the plaintiff on notice of the defendant’s
Note: If the defendant fails to answer, the court may enter a position.
judgment by default.
A counterclaim is a claim made by the defendant against
⸻ the plaintiff in the same case.

4. Example of an Answer Purpose:

Instead of filing another case, the defendant asserts his
Scenario own claim against the plaintiff.

Juan sues Pedro for non-payment of ₱100,000 loan. Two types:

• Compulsory counterclaim – arises from the
Pedro’s Answer: same transaction or occurrence.
1. Admission: Admits that he borrowed money • Permissive counterclaim – unrelated to the
from Juan. plaintiff’s claim.
2. Denial: Denies that he has not made
payments. Example:
3. Defense: Claims that Juan already accepted Juan sues Pedro for a loan. Pedro counterclaims that Juan
partial payments and agreed to waive the remaining damaged his car worth ₱50,000.
balance.
4. Prayer: Requests the court to dismiss the ⸻
complaint with costs.

⸻
A Cross- claim is a claim by one defendant against ⸻
another defendant, or by one plaintiff against another
plaintiff, arising out of the same transaction or occurrence. Purpose

Purpose: The purpose of a third-party complaint is:

To settle all related disputes in one case. 1. To bring another person into the case who
may be responsible for the claim.
Example: 2. To avoid multiple lawsuits.
Juan sues Pedro and Maria for a defective construction. 3. To settle all related disputes in one case.
Pedro files a cross-claim against Maria, alleging that Maria
was the contractor responsible for the defect. ⸻

Parties Involved
Amended Complaint
There are now three parties in the case:
An amended complaint is a modified version of the original 1. Plaintiff – the one who filed the complaint
complaint where the plaintiff adds, removes, or corrects 2. Defendant / Third-party plaintiff – the original
allegations. defendant who files the third-party complaint
3. Third-party defendant – the new person being
Purpose: brought into the case
To correct errors or include additional facts or parties.
⸻
Example:
Juan initially sues Pedro only. Later he discovers Maria is Requirement: Leave of Court
also liable.
He files an amended complaint adding Maria as defendant. Generally, the defendant must ask permission from the
court (leave of court) before filing a third-party complaint.

A third-party complaint is a claim filed by a defendant The court will allow it if the claim is related to the original
against a person who is not yet a party to the case, called complaint.
the third-party defendant.
⸻
The defendant files this complaint because the third person
may be liable to him for all or part of the plaintiff’s claim. Example 1 – Car Accident
1. Juan (plaintiff) sues Pedro (defendant) for
In simple terms: damages after a car accident.
The defendant says: 2. Pedro claims the accident happened because
the car’s brakes were defective.
“If I am liable to the plaintiff, this third person should 3. Pedro files a third-party complaint against the
reimburse or share the liability.” car manufacturer.
Pedro argues: A third-party complaint is a pleading filed by a defendant
“If I am liable to Juan, the manufacturer should reimburse against a person not yet a party to the case, alleging that
me.” such person is liable to him for all or part of the plaintiff’s
claim.
⸻
⸻
Example 2 – Contractor Case A Supplemental Complaint is a type of pleading under
1. A homeowner sues a contractor for defective the Rules of Court of the Philippines used in civil
construction. procedure.
2. The contractor claims the defect was caused
by poor materials supplied by another company. Meaning of Supplemental Complaint
3. The contractor files a third-party complaint
against the supplier. A supplemental complaint is a pleading filed after the
original complaint to inform the court of events, facts, or
⸻ transactions that happened after the filing of the original
complaint and which are related to the case.
Relationship of Liability
It does not replace the original complaint. Instead, it adds
A third-party complaint is proper when the third party may new facts that occurred later to support or affect the
be liable for: original claim.
• Contribution
• Indemnity In simple terms:
• Subrogation ➡️Original complaint – contains facts existing when the
• Any liability connected to the plaintiff’s claim case was filed.
➡️Supplemental complaint – contains facts that happened
⸻ after the case was already filed.

Example of Indemnity ⸻

Pedro borrowed a truck from Carlos. Purpose

The truck causes damage and Pedro is sued.
The purpose of a supplemental complaint is:
Pedro files a third-party complaint against Carlos, arguing 1. To update the court about new developments
that Carlos must indemnify him because the truck was related to the case.
defective. 2. To avoid filing a new case for events that
occurred after the original complaint.
⸻ 3. To ensure complete justice by allowing the
court to consider later events affecting the dispute.
Simple Recitation Definition
⸻
Requirement: Leave of Court Ad
ds
A supplemental complaint cannot be filed automatically. fac
ts
The party must first ask permission from the court through tha
a motion for leave to file a supplemental complaint. t
occ
If the court finds that the new facts are relevant and will urr
help resolve the case, it will allow the filing. ed
aft
⸻ er

Example Fili
ng
Example 1: Breach of Contract May replace the original complaint Does not
1. A files a case against B for non-payment of replace the original
rent for January–March. Refers to existing facts at the time of filing
2. While the case is still pending, B also fails to Refers to new events after filing
pay rent for April and May.
3. Instead of filing another case, A files a ✅ Short Definition (Bar/Exam Style):
supplemental complaint to include the new unpaid months. A supplemental complaint is a pleading filed with leave of
court which sets forth transactions, occurrences, or events
⸻ that happened after the date of the original pleading and
which are related to the claim in the case.
Example 2: Property Case
1. X files a case against Y to recover possession
of land. Answer to Counterclaim
2. After the case is filed, Y destroys structures This is the response filed by the plaintiff to the defendant’s
on the land. counterclaim.
3. X may file a supplemental complaint to
include damages for the destruction. Purpose:
To admit, deny, or defend against the counterclaim.
⸻
Example:
Difference from Amended Complaint Pedro counterclaims for car damages.
Juan files an answer to the counterclaim, denying
responsibility.
Amended Complaint
Supplemental Complaint ⸻
Corrects or changes allegations in the original complaint
Answer to Cross-Claim
 Generally, the defendant must file the Answer within 15
This is the pleading filed by the party against whom the calendar days from receipt of summons, unless the court
cross-claim is directed. provides a different period.

Purpose: Failure to file an Answer within the required time may

To respond to the allegations made by a co-party. result in the defendant being declared in default.

Example: ⸻
Pedro files a cross-claim against Maria.
Maria files an answer to the cross-claim denying liability. Contents of an Answer

1. An Answer to a Complaint is the formal written An Answer usually contains the following parts:
response of the defendant after receiving the complaint and 1. Admissions
summons from the court. Statements where the defendant agrees with the
allegations.
In this pleading, the defendant responds to every allegation 2. Specific Denials
made by the plaintiff. Statements where the defendant disputes the allegations.
3. Affirmative Defenses
The defendant may: Legal reasons why the complaint should be dismissed or
• Admit the allegation why the defendant should not be liable.
• Deny the allegation 4. Counterclaims (if any)
• State that he has no knowledge or Claims that the defendant may have against the plaintiff.
information sufficient to form a belief 5. Prayer
• Raise defenses or counterclaims The relief requested from the court (for example, dismissal
of the complaint).
⸻
⸻
Purpose
Example
The Answer is filed in order to:
1. Inform the court of the defendant’s side Situation
2. Dispute or admit the allegations of the
complaint Juan files a complaint against Pedro for non-payment of
3. Raise legal defenses ₱100,000 loan.
4. Prevent the defendant from being declared in
default Pedro’s Answer may state:
• Admission: Pedro admits that he borrowed
⸻ money from Juan.
• Denial: Pedro denies that he failed to pay the
Period to File loan.
 • Defense: Pedro claims that he already paid
the loan in full. Example:
• Prayer: Pedro asks the court to dismiss the ABC Corporation, incorporated in Japan, enters into a
complaint. contract with a Filipino company. If a dispute arises and a
case is filed in the Philippines, ABC Corporation is a foreign
private juridical entity.
2. Answer of a Defendant Foreign Private Juridical
Entity is a pleading filed by a foreign corporation or ⸻
foreign juridical entity that is sued in a Philippine court, in
response to a complaint, under the Rules of Court of the How the Answer is Filed
Philippines.
When the foreign corporation receives summons, it must
⸻ file its Answer through a lawyer in the Philippines.

Meaning The Answer must:

1. Respond to each allegation in the complaint
A foreign private juridical entity refers to a corporation, 2. State defenses
partnership, or organization created under the laws of 3. Be filed within the period allowed by the
another country, but which may be doing business or Rules of Court
involved in a case in the Philippines.
Generally, the defendant must file the answer within 30
When such entity is sued, it must file an Answer to respond calendar days from receipt of summons when the defendant
to the allegations in the complaint. is a foreign private juridical entity.

The Answer contains the defendant’s: ⸻

• Admissions
• Denials Service of Summons to a Foreign Juridical Entity
• Defenses
• Counterclaims (if any) Before the Answer is filed, summons may be served
through:
⸻ • Resident agent in the Philippines
• Government agency authorized by law
Who is a Foreign Private Juridical Entity? • Corporate officers or representatives
• Other modes allowed by the court
A foreign private juridical entity is an organization not
created under Philippine law but under foreign law. Once served, the corporation must respond by filing an
Answer.
Examples
• A Japanese corporation Example 1
• A U.S. company
• A Singaporean partnership
A Filipino company files a case for breach of contract • Deny the allegations
against XYZ Corporation, a company incorporated in South • State defenses
Korea. • Raise counterclaims

Steps: ⸻
1. The court issues summons to XYZ
Corporation. Why It Is Required
2. The summons is served to its resident agent
in Manila. Since an amended complaint may change facts, claims, or
3. XYZ Corporation hires a Philippine lawyer. parties, the defendant must be allowed to answer the new
4. The lawyer files an Answer denying the or modified allegations.
allegations and raising defenses.
The answer ensures due process and allows the defendant
⸻ to defend against the updated claims.

Example of a Defense in the Answer ⸻

XYZ Corporation may state in its Answer: Period to File

• The contract was already fulfilled, or
• The Philippine court has no jurisdiction, or Under the Rules of Court:
• The plaintiff violated the contract first. • The defendant must file an Answer to the
Amended Complaint within 15 calendar days from service
⸻ of the amended complaint, unless the court provides a
different period.
✅ Short Recitation Answer:
An Answer of a defendant foreign private juridical entity is If the amendment is only formal and does not affect the
the pleading filed by a foreign corporation or organization defendant, the court may allow the original answer to
sued in Philippine courts, responding to the allegations of stand.
the complaint by admitting or denying them and raising
defenses within the period provided by the Rules of Court. ⸻

3. Answer to an Amended Complaint is the defendant’s Example

response to a complaint that has been modified or
corrected by the plaintiff. Example 1 – Correction of Amount
1. Maria files a complaint against Juan for
When the plaintiff files an amended complaint, the ₱100,000 debt.
defendant is given the opportunity to respond again to the 2. Later, Maria discovers the correct amount is
new allegations. ₱150,000, so she files an Amended Complaint.
3. Juan must now file an Answer to the
The defendant may: Amended Complaint, addressing the new amount.
• Admit the allegations
⸻ A counterclaim is a claim made by the defendant against
the plaintiff.
Example 2 – Addition of Allegation
1. A files a complaint for breach of contract. Therefore, the plaintiff must file an answer to the
2. Later, A amends the complaint to include counterclaim.
damages and attorney’s fees.
3. The defendant must file an Answer to the Purpose
Amended Complaint responding to these new claims.
To allow the plaintiff to defend against the defendant’s
⸻ claim.

Important Rule Example

1. Juan (plaintiff) sues Pedro (defendant) for
If the defendant fails to file an answer to the amended ₱100,000 debt.
complaint, the plaintiff may ask the court to declare the 2. Pedro files an Answer with Counterclaim,
defendant in default. claiming that Juan damaged his property worth ₱50,000.
3. Juan must now file an Answer to the
⸻ Counterclaim, either:
• denying the damage, or
✅ Short Definition (Recitation / Exam Answer): • presenting defenses.
An Answer to an Amended Complaint is a pleading filed by
the defendant responding to the allegations in the amended 5. Answer to Third-Party Complaint
complaint, either admitting, denying, or raising defenses
A third-party complaint is filed by a defendant against a
and counterclaims within the period provided by the Rules
third person not originally part of the case who may be
of Court.
liable.

The third-party defendant files an answer to respond to the

4. An Answer to a Counterclaim or Cross-claim is the
allegations.
formal written response of the party defending against the
counterclaim or cross-claim.
Example:
Pedro claims that Carlos guaranteed the loan.
In this pleading, the party must respond to the allegations
Pedro files a third-party complaint against Carlos.
by admitting or denying them and by raising defenses.
Carlos files an answer to the third-party complaint.
⸻
6. A Reply is a pleading filed by the plaintiff in response to
new matters or defenses raised in the defendant’s answer.
1. Answer to a Counterclaim
Purpose:
Meaning
To deny or explain new allegations raised by the defendant.
Example: 1. Juan (plaintiff) sues Pedro (defendant) for
Pedro claims in his answer that the loan was already paid. ₱100,000 loan.
Juan files a reply denying that payment was made. 2. At that time, Juan already owed Pedro
₱50,000 from another transaction related to the same
7. Answer to Supplemental Complaint contract.
3. Pedro must include this counterclaim in his
A supplemental complaint contains facts that occurred after Answer.
the original complaint was filed.
This counterclaim is called existing because it already
The defendant must file an answer to this supplemental existed before the answer was filed.
complaint.
⸻
Example:
While the case is ongoing, Pedro commits another breach 2. Existing Cross-claim
related to the same contract.
Juan files a supplemental complaint, and Pedro answers it. Meaning

An Existing Counterclaim or Cross-claim refers to a An existing cross-claim is a claim one defendant has against
counterclaim or cross-claim that already exists in the a co-defendant, arising from the same transaction or
original answer filed by the defendant under the Rules of occurrence, and it already existed at the time the answer
Court of the Philippines. was filed.

8. An existing counterclaim or cross-claim is a claim Example

that already existed at the time the defendant filed the 1. Maria sues Pedro and Carlos for damages
answer to the complaint. from a construction accident.
2. Pedro already believes Carlos was
Because it already existed, the defendant should include it responsible for the accident.
in the answer when responding to the complaint. 3. Pedro includes a cross-claim against Carlos in
his answer.
⸻
Since the claim already existed, it must be included in the
1. Existing Counterclaim answer.

Meaning ⸻

An existing counterclaim is a claim that the defendant Importance

already had against the plaintiff when the answer was filed.
If an existing counterclaim or cross-claim is not raised, it
It must be included in the defendant’s answer. may be considered waived, especially if it is a compulsory
counterclaim.
Example
The Rules require parties to raise all existing claims related
to the case to avoid multiple lawsuits. Example:
Pedro forgot to include a counterclaim for damages in his
⸻ answer.
He asks the court for permission to file the omitted
Simple Recitation Definition counterclaim.

An existing counterclaim or cross-claim is a claim already ⸻

existing at the time the answer is filed, which the defendant
must include in the answer against the plaintiff or a co- 11. Extension of Time to File an Answer
defendant if it arises from the same transaction or
occurrence. A defendant may ask the court for additional time to file an
You sent answer if they cannot meet the original deadline.
✅ Easy Memory Tip
Claim Against Whom Purpose:
When it Exists To allow the defendant more time to prepare a proper
Existing Counterclaim Plaintiff Already defense.
existed when the answer was filed
Existing Cross-claim Co-defendant Already existed when Example:
the answer was filed Pedro receives the summons but needs more time to
consult a lawyer.
9. Counterclaim or Cross-Claim Arising After Answer He files a motion for extension of time to file an answer.

Sometimes a counterclaim or cross-claim arises after the ⸻

defendant has already filed an answer.
✅ Simple summary:
The party may still raise it by filing a supplemental pleading • Complaint – starts the case.
with permission of the court. • Answer – defendant’s response.
• Counterclaim – defendant sues plaintiff.
Example: • Cross-claim – defendant sues co-defendant.
After filing his answer, Pedro discovers that Maria caused • Reply / answers – responses to claims.
additional damage related to the case. • Amended or supplemental pleadings –
He files a cross-claim arising after the answer. corrections or new facts.

⸻ ⸻

10. Omitted Counterclaim or Cross-Claim If you want, I can also summarize Rule 6 in a short “bar
exam / recitation style answer” that is easier to memorize
If a party fails to include a counterclaim or cross-claim due for law school. 📚
to oversight, mistake, or excusable negligence, the court
may allow it to be filed later with leave of court.
The Bill of Particulars is governed by Rule 12 of the Rules • If the pleading is a reply, within 10 calendar
of Court of the Philippines in Civil Procedure. It is used days from service
when a pleading is vague or lacks sufficient details.
The motion must specify the defects complained of and the
Below is an expanded explanation of each section. details desired.

⸻ Example:
Pedro receives a complaint with vague allegations.
RULES 12 – BILL OF PARTICULARS Before filing his answer, he files a motion for bill of
particulars asking the plaintiff to clarify the allegations.
What is a Bill of Particulars
⸻
A Bill of Particulars is a detailed written statement ordered A. Purpose of a Bill of Particulars
by the court that clarifies or specifies vague allegations in a The main purposes are:
pleading. 1. To clarify vague or ambiguous allegations
2. To inform the adverse party of the nature of
It is not used to change the pleading, but only to clarify the the claim
allegations so the opposing party can properly respond. 3. To enable the party to prepare an intelligent
answer
Purpose in simple terms: 4. To avoid surprise during trial
To make the allegations clear, definite, and specific.
⚖️In short: It ensures fairness and proper preparation of
Example: defense.
A complaint states:
⸻
“The defendant committed fraud causing damages.” 2. Action by the Court

The defendant may request a bill of particulars asking: After the motion is filed, the court has several options:
• What specific fraudulent acts? 1. Grant the motion – the court orders the party
• When were they committed? to submit the bill of particulars.
• What damages resulted? 2. Deny the motion – if the pleading is already
sufficiently clear.
⸻ 3. Grant it partially – only some details are
1. When Applied For required.

A motion for a bill of particulars must be filed before The court will also set the period within which the bill must
responding to the pleading. be submitted.

Time to apply: ⸻
• Before filing the answer to the complaint 3. Compliance with the Order
If the court orders a bill of particulars, the party must After 5 days he files a motion for bill of particulars.
comply within the period fixed by the court.
After the bill is served, Pedro will have 10 remaining days,
The party will file the bill of particulars containing the but not less than 5 days.
required details.
6. Bill of Particulars Becomes Part of the Pleading
Example:
The court orders Juan to clarify the complaint within 10 Once filed, the bill of particulars becomes part of the
days. original pleading.
Juan files a document specifying the exact acts of fraud,
dates, and damages. This means:
• It supplements the complaint or other
⸻ pleading
• It is treated as if included in the original
4. Effect of Non-Compliance pleading

If the party fails to obey the court order, the court may: Example:
1. Strike out the pleading or the vague portions If a bill of particulars clarifies fraud allegations, those
2. Dismiss the complaint details are considered part of the complaint during trial.
3. Issue other appropriate sanctions
⸻
Example:
If the plaintiff refuses to provide the required details, the ✅ Simple Recitation Summary (Easy to Memorize)
court may dismiss the complaint.
A Bill of Particulars under Rule 12 of the Rules of Court is a
⸻ remedy available to a party when a pleading is vague or
ambiguous, allowing the party to request clarification of
5. Stay Period to File Responsive Pleading allegations so that he can properly prepare his responsive
pleading.
When a motion for bill of particulars is filed, the period to • When applied: Before filing a responsive
file a responsive pleading (such as an answer) is suspended. pleading
• Purpose: To clarify allegations and prevent
This is called the stay period. surprise at trial
• Court action: Grant, deny, or partially grant
After the bill of particulars is served: • Non-compliance: Pleading may be stricken or
• The party has the balance of the remaining dismissed
period to file the answer • Stay period: Suspends time to file answer
• But not less than 5 calendar days • Effect: Bill becomes part of the pleading

Example: ⸻
Pedro had 15 days to file an answer.
If you want, I can also give you a very short Rule 12
memory guide used by law students for recitations and bar
exams (just 6 key points to remember). 📚 Filing means submitting a pleading or document to the
court..

Rule 13 of the Rules of Court of the Philippines deals with Service is the act of providing a party with a copy of the
Filing and Service of Pleadings, Judgments and Other pleading or any other court submission. If a party has
Papers in Civil Procedure. appeared by counsel, service upon such party shall be made
It explains how court documents are filed with the court upon his or her counsel or one of them, unless service upon
and served on the other parties. the party and the party's counsel is ordered by the court.
Where one counsel appears for several parties, such
Below is an expanded explanation of the important sections counsel shall only be entitled to one copy of any paper
of Rule 13 with examples. served by the opposite side.
⸻
Where several counsels appear for one party, such party
shall be entitled to only one copy of any pleading or paper
to be served upon the lead counsel if one is designated, or
upon any one of them if there is no designation of a lead
counsel
RULE 13 - FILING AND SERVICE OF PLEADINGS,
JUDGMENTS AND OTHER PAPERS It can be done through:
1. Personal filing (bringing it to the court clerk)
2. Registered mail
Section 1 – Coverage 3. Accredited courier
4. Electronic filing
This section states that Rule 13 governs the filing and 5. Other authorized modes
service of pleadings, motions, notices, orders, judgments,
and other papers in court cases. Example:
Pedro submits his Answer to the court clerk. This act is
Meaning: called filing.
Any document submitted to the court or served to the other
party must follow Rule 13. ⸻

Example: Section 3 – Manner of Filing

If Juan files a motion to dismiss, he must also serve a copy
to Pedro according to Rule 13. This section explains how filing is done depending on the
method used.
⸻
Filing is completed when:
Section 2 – Filing
 • Personal filing → when the clerk receives the 4. Electronic mail
document 5. Facsimile
• Registered mail → date of mailing 6. Other electronic means
• Courier → date of delivery to courier 7. Substituted service (if allowed)
• Electronic filing → date of electronic
transmission Example:
Pedro sends a copy of his Answer to Juan’s lawyer through
Example: registered mail.
Maria mails her Motion for Reconsideration on May 1
through registered mail. ⸻
The filing date is May 1, even if the court receives it on May
3. Section 6 – Personal Service

⸻ Personal service means handing the document directly to

the party or their lawyer.
Section 4 – Papers Required to be Filed and Served
It is usually done by:
Every pleading, motion, notice, order, judgment, or other • Delivering it to the office
court document must: • Leaving it with a responsible person if the
1. Be filed with the court lawyer is absent
2. Be served on the opposing party
Example:
Purpose: Pedro’s lawyer personally gives a copy of the Answer to
To ensure both the court and the opposing party are Juan’s lawyer.
informed.
⸻
Example:
If Pedro files a Motion to Dismiss, he must send a copy to Section 7 – Service by Mail
Juan.
If personal service is not practicable, documents may be
⸻ served by registered mail.

Section 5 – Modes of Service Service is considered complete:

• After 5 calendar days from receipt of the first
This section explains how documents are served on the notice by the post office.
other party.
Example:
Modes include: Pedro mails the pleading to Juan’s lawyer.
1. Personal service After notice from the post office, service becomes complete
2. Registered mail even if the lawyer has not yet claimed the mail.
3. Accredited courier
Section 8 – Substituted Service
Section 11 – Priorities in Modes of Service
If service cannot be made personally or by mail, the court
may allow substituted service. The rule encourages personal service whenever
practicable.
This may include leaving the document:
• With the clerk of court If another mode is used, the party must explain why
• At the party’s office personal service was not done.

Example: Example:
If the lawyer cannot be located, the document may be left Pedro sends documents by mail because Juan’s lawyer is in
with the clerk of court for delivery. another city.

⸻ ⸻

Section 9 – Service by Electronic Means Section 16 – Proof of Filing

Documents may be served through: A party must prove that the document was filed.
• Email
• Electronic filing system Examples of proof:
• Other court-approved electronic methods • Stamped copy from the clerk
• Registry receipt
Service is complete at the time of electronic transmission. • Courier receipt
• Electronic acknowledgment
Example:
Pedro sends the pleading to Juan’s lawyer via email. Example:
Pedro keeps the registry receipt to prove he filed the
⸻ document by mail.

Section 10 – Presumptive Service ⸻

This section explains when service is presumed complete. Section 17 – Proof of Service

Examples: A party must also prove that the document was served to
• Registered mail → after the required notice the other party.
period
• Electronic service → upon transmission Proof may include:
• Affidavit of service
Example: • Registry receipt
Even if the lawyer refuses to claim the mail, service is still • Courier tracking
considered complete. • Email confirmation
 RULE 14 - SUMMONS
Example:
Pedro attaches an affidavit stating that he served the Rule 14 of the Rules of Court of the Philippines deals with
document to Juan’s lawyer. Summons in civil procedure.

Section 19 – Notice of Lis Pendens A summons is a court order directing the defendant to
answer the complaint and informing him that a case has
This section allows a party to record a notice that a been filed against him.
property is involved in a pending lawsuit.
Below is a section-by-section explanation of Rule 14 with
Purpose: examples.
To warn buyers that the property is subject to litigation.
Section 1 – Clerk to Issue Summons
Example:
Juan files a case over land ownership. After a complaint is filed and docket fees are paid, the clerk
He registers a notice of lis pendens so buyers know the of court must issue the summons to the defendant.
property is disputed.
Purpose:
⸻ To formally notify the defendant that a case has been filed.

Simple Recitation Summary (Rule 13) Example:

Juan files a complaint against Pedro for collection of money.
Rule 13 governs filing and service of pleadings and court The clerk of court issues summons to Pedro.
papers.
⸻
Key points: Section 2 – Contents of the Summons
• Filing – submission to the court
• Service – giving copies to the opposing party The summons must contain:
• Modes include personal, mail, courier, and 1. The name of the court
electronic service 2. The names of the parties
• Parties must provide proof of filing and proof 3. A directive for the defendant to answer the
of service complaint
4. The period within which to file the answer
⸻ 5. A notice that failure to answer may result in
default
✅ If you want, I can also give you:
• A very easy way to memorize Rule 13 for law A copy of the complaint must be attached.
school recitations, or
• A section-by-section memory guide used by Example:
law students for exams. Pedro receives a summons telling him:
“You must file an answer within 30 calendar days, If personal service cannot be made within a reasonable
otherwise you may be declared in default.” time, substituted service may be done by:
1. Leaving the summons at the defendant’s
⸻ residence with a person of suitable age and discretion, or
Section 3 – By Whom Served 2. Leaving it at the defendant’s office with a
competent person in charge
Summons may be served by:
• Sheriff Example:
• Deputy sheriff Pedro is not home.
• Court officer The sheriff leaves the summons with Pedro’s adult brother
• Any person authorized by the court living in the same house.

Example: ⸻
The court sheriff personally delivers the summons to Pedro. Section 8 – Service Upon Prisoners

Section 4 – Validity of Summons If the defendant is in prison, summons must be served

through the warden or jail officer.
Summons remains valid until properly served.
Example:
If it cannot be served within a reasonable time, the court Pedro is detained in jail.
may issue an alias summons (another summons). The sheriff gives the summons to the jail warden, who then
serves it to Pedro.
Example:
If Pedro moved to another city and the summons was not Section 10 – Service Upon Minors and Incompetent Persons
served, the court may issue an alias summons.
If the defendant is a minor or mentally incompetent,
⸻ summons must be served on:
Section 5 – Service in Person on Defendant • The guardian, or
• The parent
The preferred method is personal service.
Example:
This means handing the summons directly to the defendant. If the defendant is a 16-year-old minor, summons must be
served to the parent or legal guardian.
Example:
The sheriff personally hands the summons to Pedro at his Section 11 – Service Upon Spouses
house.
If spouses are sued, each spouse must be served with
⸻ summons separately.
Section 6 – Substituted Service
Example:
Juan files a case against Pedro and Maria (husband and
wife). Examples:
Both must receive separate summons. • Republic of the Philippines → Solicitor
General
• Province → Governor
Section 12 – Service Upon a Domestic Private Juridical • City or Municipality → Mayor
Entity
Example:
If the defendant is a corporation, partnership, or A case is filed against a city government.
association, summons must be served on authorized officers The summons is served to the city mayor.
such as:
• President
• Managing partner Section 16 – Service Upon Unknown Defendant or Identity
• General manager Unknown
• Corporate secretary
• Treasurer If the defendant’s identity or whereabouts are unknown,
• In-house counsel the court may allow service by publication.

Example: Example:
A lawsuit is filed against ABC Corporation. The owner of a property cannot be identified.
The sheriff serves the summons to the corporate secretary. The court allows publication of summons in a newspaper.

Section 17 – Extraterritorial Service

Section 14 – Service Upon Foreign Private Juridical Entity
If the defendant lives outside the Philippines, summons may
If the defendant is a foreign corporation doing business in be served through:
the Philippines, summons may be served on: • Personal service abroad
1. Its resident agent, or • Publication
2. Government agencies such as the SEC, if no • Court-directed methods
agent exists.
Example:
Example: Pedro now lives in the United States.
A foreign company with an office in Manila receives The court allows extraterritorial service of summons.
summons through its resident agent.
⸻
⸻ Section 18 - Residents Temporarily Out of the Philippines
Section 15 – Service Upon Public Corporations
This refers to a defendant who is a resident of the
If the defendant is a government entity, summons must be Philippines but is temporarily abroad at the time the
served on the proper officials. summons must be served.
Since the person is still legally a resident, the court may The court must first determine that:
allow extraterritorial service of summons. • personal service cannot be made, and
• the alternative method is justified.
How service may be done
Example
The court may permit:
1. Personal service abroad Juan cannot find Pedro because Pedro moved abroad.
2. Service by publication
3. Any other method the court considers Juan files a motion asking the court for leave to serve
sufficient summons by publication.

Example If the court is convinced that Pedro cannot be located, it

will grant leave of court allowing publication.
Pedro lives in Quezon City, but he went to Japan for a 3-
month vacation.
Section 21 – Proof of Service
Juan files a civil case for breach of contract against Pedro.
After serving the summons, the sheriff must submit a return
Since Pedro is temporarily outside the Philippines, the of summons explaining:
court may allow: • How the summons was served
• personal service of summons in Japan, or • Date and place of service
• service by publication with a copy sent to • Person who received it
Pedro’s last known address.
Example:
The important point: Pedro is still considered a Philippine The sheriff files a report stating:
resident, so the case can proceed. “Summons served personally to Pedro on March 1 at his
residence.”

Section 19 - Leave of Court ⸻

Leave of court means permission from the court. Simple Recitation Summary (Rule 14)

In some cases, a party cannot perform certain acts unless Rule 14 governs summons, which is the notice given to the
the court first approves it. defendant that a case has been filed against him.

In Rule 14, leave of court is required before certain modes Key points:
of service, especially service by publication or • Summons is issued by the clerk of court
extraterritorial service. • It must be served on the defendant
• Personal service is preferred
Why it is required
 • Substituted service is allowed if personal • copies of the newspaper issues containing the
service fails summons.
• Special rules apply for corporations,
government entities, minors, prisoners, and foreign This serves as proof of service by publication.
defendants
⸻
⸻
Section 23 - Voluntary Appearance
These concepts are found under Rule 14 (Summons) of the
Rules of Court of the Philippines. They deal with special A voluntary appearance occurs when the defendant appears
situations on how summons may be served or when service in court and participates in the case without objecting to
is considered valid. jurisdiction over his person.

Below is a clear explanation of each concept with examples. Under Rule 14, voluntary appearance is equivalent to
service of summons.
⸻
This means that even if the summons was not properly
Section 22 - Proof of Service by Publication served, the court still acquires jurisdiction over the
defendant.
When summons is served by publication, the court must be
assured that the publication was actually done. Example

Therefore, proof of service by publication must be Pedro was not properly served with summons.
submitted to the court.
However, Pedro files:
Required proof usually includes: • an Answer, or
1. Affidavit of publication from the newspaper • a Motion asking the court to dismiss the
2. Copy of the newspaper issue where the complaint for lack of merit
summons appeared
3. Affidavit of mailing showing a copy was sent By doing this, Pedro voluntarily appeared in court, and the
to the defendant’s last known address (if required) court now acquires jurisdiction over his person.

Example ⚠️Exception:
If Pedro appears only to question the court’s jurisdiction, it
The court orders that summons be published in a is not considered voluntary appearance.
newspaper for three consecutive weeks.
Example:
After publication, the plaintiff submits: Pedro files a motion to dismiss for lack of jurisdiction over
• an affidavit from the newspaper publisher, his person.
and This does not count as voluntary appearance.
⸻ It is usually filed during the course of a case.

Simple Recitation Summary Example:

• Resident temporarily out of the Philippines – Pedro files a Motion to Dismiss asking the court to dismiss
a resident defendant who is abroad; summons may be the complaint because it states no cause of action.
served extraterritorially.
• Leave of court – permission from the court ⸻
required before certain modes of service like publication.
• Proof of service by publication – affidavit of Section 2 – Motions Must Be in Writing
publication and copies of newspaper showing summons was
published. As a general rule, all motions must be in writing.
• Voluntary appearance – defendant
participates in the case without questioning jurisdiction; Exception
this is equivalent to service of summons.
Some motions may be made orally during a hearing or trial,
⸻ such as:
• motion for postponement
If you want, I can also explain the 5 most common bar exam • motion to strike testimony
and recitation questions about Rule 14 (summons) that
professors usually ask in Civil Procedure. Example:
During trial, Pedro’s lawyer orally moves to strike out a
witness’s answer because it is irrelevant.
Rule 15 of the Rules of Court of the Philippines governs
Motions in Civil Procedure. ⸻
A motion is an application or request made to the court
asking it to issue an order or ruling. Section 3 – Contents of a Motion

Below is a section-by-section explanation of Rule 15 with A motion must contain:

examples. 1. The relief sought (what the party is asking
the court to do)
⸻ 2. The grounds (the legal reasons supporting
the request)
RULE 15 - MOTIION
It should also include supporting documents if necessary.
⸻
Example:
Section 1 – Motion Defined A motion may state:
“Defendant respectfully moves for the dismissal of the
A motion is a written or oral request submitted to the court complaint on the ground that the court has no jurisdiction
asking for a specific order or relief. over the subject matter.”
⸻ Pedro attaches a registry receipt showing that he mailed
the motion to Juan’s lawyer.
Section 4 – Hearing of Motions
⸻
Some motions require hearing, while others may be
resolved by the court without hearing. Section 8 – Motion Day

Under the amended rules, most motions are resolved based Courts usually set a specific day or schedule for hearing
on the pleadings submitted. motions, often called motion day.

Example: This allows the court to hear several motions efficiently.

A Motion for Summary Judgment may be decided by the
court based on written submissions. Example:
A court may set every Friday morning as motion day.
⸻
⸻
Section 5 – Notice of Hearing
Section 8 – Omnibus Motion Rule
If a motion requires hearing, the parties must be notified of
the date and time of the hearing. This rule states that a motion attacking a pleading must
include all objections available at that time.
This ensures that both parties have the opportunity to
argue their positions. If a party fails to include an objection, it is considered
waived.
Example:
Pedro files a motion and sets the hearing on May 10 at 8:30 Purpose
AM, notifying Juan’s lawyer.
To prevent multiple motions and delay.
⸻
Example:
Section 6 – Proof of Service Pedro files a Motion to Dismiss but raises only one ground.
If he had other grounds but did not include them, he may
The party filing the motion must serve a copy on the other lose the right to raise them later.
party and provide proof of service.
⸻
This may include:
• registry receipt Section 5 – Litigated Motions
• affidavit of service
• courier receipt A litigated motion is one that requires the court to resolve a
disputed issue after hearing the parties.
Example:
The court may require written opposition from the other
party. The court may:
• grant the motion
Example: • deny the motion
Pedro files a Motion to Dismiss. • grant it partially
Juan files an Opposition, and the court decides the issue.
Example:
⸻ The court issues an order denying Pedro’s Motion to
Dismiss because the complaint is sufficient.
Section 4 – Non-Litigated Motions
⸻
A non-litigated motion is one that does not require hearing
and may be resolved by the court immediately. Simple Recitation Summary (Rule 15)

Examples include: Rule 15 governs motions, which are requests asking the
• motion for extension of time court to issue an order.
• motion for issuance of alias summons
• motion for postponement Key points:
• Motions are generally in writing
Example: • They must state the relief and grounds
Pedro files a Motion for Extension of Time to File Answer. • Copies must be served to the other party
• Opposing parties may file oppositions
⸻ • The court then resolves the motion

Section 11 – Opposition to Motion

KATARUNGANG PAMBARANGAY/
The opposing party may file an opposition explaining why BRGY. JUSTICE SYSTEM
the motion should not be granted. Republic Act No. 7160, Local Government Code of
1991, Chapter VII, Sections 399 to 422
The opposition must also be served on the other party.

Example:
Juan files an Opposition to Pedro’s Motion to Dismiss, Adjudication - is the power of courts or quasi-judicial
arguing that the complaint states a valid cause of action. agencies to decide cases filed before them and falling
within their jurisdiction.
⸻
Amicable Settlement - is an agreement reached during
Section 12 – Resolution of Motion mediation and conciliation proceedings.

The court must resolve the motion within a reasonable

period.
Arbitration - is a process wherein the third party from Habeas Corpus - is a judicial proceeding for the purpose
outside the judicial system is chosen by parties to hear and of releasing a person who is illegally deprived of liberty or
decide their dispute. restoring rightful custody to the person who has been
deprived of.
Arbitration Award - is the decision reached by either the
lupon chairperson or pangkat, as the case may be, upon
prior agreement in writing by the parites to a dispute for
the adjudicators to resolve it. Incompetent - means a person who is suffering the penalty
of civil interdiction; or who is a hospitalized leper, prodigal,
Attachment - is a provisional remedy in the form of an deaf and dumb who is unable to communicate; one who is
order issued by a judge before whom the case is pending by of unsound mind, even though he has a lucid intervals and a
which the property is taken into legal custody as security person not being unsound mind but by reason of age,
for satisfaction of a judgment obtained by the prevailing disease, weak mind, and other similar causes, cannot,
party, either at the commencement of the action or any time without outside aid, take care of himself and mange his
after the filing of the case before the final judgment property, becoming thereby an easy prey for deceit and
exploitation. Jurisdiction - is an authority to hear and decide
Complainant — plaintiff a case and given by law and cannot be agreed by the
Complaint - is a concise statement of ultimate facts parties.
constituting the plaintiff’s cause and causes of action. Katarungang Barangay (KP) - is a system of justice
Conciliation - is a process wherein the Pangkat forgoes administered at the barangay level for the purpose of
the power to decide or recommend but assist the parties to amicable settling disputes through mediation, conciliation
isolate issues and options to reach a settlement by or abitration among the family or barangay without
consensus that jointly satisfies their needs. resorting to the courts.

Delivery of Personal Property (Replevin) - is provisional Lupong Tagapamayapa (Lupon) - is a body organized in
remedy by which a judge before whom an action is pending every barangay composed of Punong Barangay as the
for the recovery of personal property issues an order for chairperson and not less than ten (10) and more than
the delivery of such property to the movant or the party twenty from which the members of every Pangkat shall be
filing the petition upon filing of a bond to guarantee its chosen.
return or to answer for the damages. Mediation - is a process wherein the Lupon chairperson or
Execution - is the process of exacting satisfaction for on or Barangay Chairperson assists the disputing parties to reach
both of the parties through compulsory or coercive means. a settlement by consensus that jointly satisfies their needs.
It entails the enforcement of the terms of the amicable Minor - is a person below eighteen (18) years of age.
settlement or arbitration award in so far as this may enjoin
or command any of the parties to perform an act, give Next of Kin - is an individual who is a relative or a
something or refrain from doing some act. responsible friend with whom the minor or incompetent
lives.
Pangkat Tagapagkasundo (Pangkat) - is a conciliation but in no case shall it be less than One thousand pesos
panel constituted from the Lupon membership for every (P1,000.00) per month for the punong barangay and Six
dispute brought before the Lupon consisting of three (3) hundred pesos (P600.00) per month for the sangguniang
members after the Punong Barangay has failed in his barangay members, barangay treasurer, and barangay
mediation efforts. secretary: Provided, however, That the annual
appropriations for personal services shall be subject to the
Preliminary injunction - is a provisional remedy in the budgetary limitations prescribed under Title Five, Book II
form of an order issued by a judge before whom the case is of this Code;
pending at any stage before the final judgment requiring a
person to refrain from a particular act. (b) The punong barangay, the sangguniang barangay
Repudiation - is an act of rejecting the validity or refusing members, the barangay treasurer, and the barangay
to accept the terms and conditions of agreement on the secretary shall also:
ground of vitiation of consent by fraud, violence, or
intimidation. (1) Be entitled to Christmas bonus of at least One thousand
pesos (P1,000.00) each, the funds for which shall be taken
Respondent — defendant from the general fund of the barangay or from such other
funds appropriated by the national government for the
Statute of Limitations - is the law which bars or does not
purpose;
allow the institution or filing of an action or case against
another after the expiration of the period prescribe d for
(2) Be entitled, during their incumbency, to insurance
such action or offense
coverage which shall include, but shall not be limited to
Support Pendente Lite - is a provisional remedy in a form temporary and permanent disability, double indemnity,
of an order issued by a judge before whom the case is accident insurance, death and burial benefits, in
pending granting allowance, dwelling, clothing, education accordance with Republic Act Numbered Sixty-nine
and medical attendance to the person entitled thereof. hundred forty-two (R.A. No. 6942), entitled "An Act
Increasing the Insurance Benefits of Local Government
Venue - is the place where the case is to be heard and Officials and Providing Funds Therefor";
decided. This is not fixed by law except in criminal cases
and can be agreed upon by the parties. (3) Be entitled to free medical care including subsistence,
medicines, and medical attendance in any government
hospital or institution: Provided, That such hospital care
Section 393. Benefits of Barangay Officials. - shall include surgery or surgical expenses, medicines, X-
rays, laboratory fees, and other hospital expenses;
(a) Barangay officials, including barangay tanods and
members of the lupong tagapamayapa, shall receive In case of extreme urgency where there is no available
honoraria, allowances, and such other emoluments as may government hospital or institution, the barangay official
be authorized by law or barangay, municipal or city attendance to the nearest private clinic, hospital or
ordinance in accordance with the provisions of this Code, institution and the expenses not exceeding Five thousand
pesos (P5,000.00) that may be incurred therein shall be (10) to twenty (20) members. The lupon shall be constituted
chargeable against the funds of the barangay concerned; every three (3) years in the manner provided herein.

(4) Be exempted during their incumbency from paying (b) Any person actually residing or working, in the
tuition and matriculation fees for their legitimate barangay, not otherwise expressly disqualified by law, and
dependent children attending state colleges or universities. possessing integrity, impartiality, independence of mind,
He may likewise avail of such educational benefits in a state sense of fairness, and reputation for probity, may be
college or university located within the province or city to appointed a member of the lupon.
which the barangay belongs; and
(c) A notice to constitute the lupon, which shall include the
(5) Be entitled to appropriate civil service eligibility on the names of proposed members who have expressed their
basis of the number of years of service to the barangay, willingness to serve, shall be prepared by the punong
pursuant to the rules and regulations issued by the Civil barangay within the first fifteen (15) days from the start of
Service Commission. his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a
(c) Elective barangay officials shall have preference in period of not less than three (3) weeks;
appointments to any government position or in any
government-owned or controlled corporations, including (d) The punong barangay, taking into consideration any
their subsidiaries, after their tenure of office, subject to the opposition to the proposed appointment or any
requisite qualifications and the provisions of the recommendations for appointment as may have been made
immediately preceding paragraph. within the period of posting, shall within ten (10) days
thereafter, appoint as members those whom he determines
(d) All duly appointed members of the barangay tanod to be suitable therefor. Appointments shall be in writing,
brigades, or their equivalent, which shall number not more signed by the punong barangay, and attested to by the
than twenty (20) in each barangay, shall be granted barangay secretary.
insurance or other benefits during their incumbency,
chargeable to the barangay or the city or municipal (e) The list of appointed members shall be posted in three
government to which the barangay belongs. (3) conspicuous places in the barangay for the entire
duration of their term of office; and

CHAPTER VII (f) In barangays where majority of the inhabitants are

Katarungang Pambarangay members of indigenous cultural communities, local systems
of settling disputes through their councils of datus or elders
Section 399. Lupong Tagapamayapa. - shall be recognized without prejudice to the applicable
provisions of this Code.
(a) There is hereby created in each barangay a lupong
tagapamayapa, hereinafter referred to as the lupon, Section 400. Oath and Term of Office. - Upon
composed of the punong barangay, as chairman and ten appointment, each lupon member shall take an oath of
office before the punong barangay. He shall hold office until (a) There shall be constituted for each dispute brought
a new lupon is constituted on the third year following his before the lupon a conciliation panel to be known as the
appointment unless sooner terminated by resignation, pangkat ng tagapagkasundo, hereinafter referred to as the
transfer of residence or place of work, or withdrawal of pangkat, consisting of three (3) members who shall be
appointment by the punong barangay with the concurrence chosen by the parties to the dispute from the list of
of the majority of all the members of the lupon. members of the lupon.

Section 401. Vacancies. - Should a vacancy occur in the Should the parties fail to agree on the pangkat
lupon for any cause, the punong barangay shall membership, the same shall be determined by lots drawn
immediately appoint a qualified person who shall hold office by the lupon chairman.
only for the unexpired portion of the term.
(b) The three (3) members constituting the pangkat shall
Section 402. Functions of the Lupon. - The lupon shall: elect from among themselves the chairman and the
secretary. The secretary shall prepare the minutes of the
(a) Exercise administrative supervision over the conciliation pangkat proceedings and submit a copy duly attested to by
panels provided herein; the chairman to the lupon secretary and to the proper city
or municipal court. He shall issue and cause to be served
(b) Meet regularly once a month to provide a forum for notices to the parties concerned.
exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes, The lupon secretary shall issue certified true copies of any
and to enable various conciliation panel members to share public record in his custody that is not by law otherwise
with one another their observations and experiences in declared confidential.
effecting speedy resolution of disputes; and
Section 405. Vacancies in the Pangkat. - Any vacancy in
(c) Exercise such other powers and perform such other the pangkat shall be chosen by the parties to the dispute
duties and functions as may be prescribed by law or from among the other lupon members. Should the parties
ordinance. fail to agree on a common choice, the vacancy shall be filled
by lot to be drawn by the lupon chairman.
Section 403. Secretary of the Lupon. - The barangay
secretary shall concurrently serve as the secretary of the Section 406. Character of Office and Service of Lupon
lupon. He shall record the results of mediation proceedings Members. -
before the punong barangay and shall submit a report
thereon to the proper city or municipal courts. He shall also (a) The lupon members, while in the performance of their
receive and keep the records of proceedings submitted to official duties or on the occasion thereof, shall be deemed
him by the various conciliation panels. as persons in authority, as defined in the Revised Penal
Code.
Section 404. Pangkat ng Tagapagkasundo. -
(b) The lupon or pangkat members shall serve without
compensation, except as provided for in Section 393 and (e) Where the dispute involves real properties located in
without prejudice to incentives as provided for in this different cities or municipalities unless the parties thereto
Section and in Book IV of this Code. The Department of the agree to submit their differences to amicable settlement by
Interior and Local Government shall provide for a system of an appropriate lupon;
granting economic or other incentives to the lupon or
pangkat members who adequately demonstrate the ability (f) Disputes involving parties who actually reside in
to judiciously and expeditiously resolve cases referred to barangays of different cities or municipalities, except where
them. While in the performance of their duties, the lupon or such barangay units adjoin each other and the parties
pangkat members, whether in public or private thereto agree to submit their differences to amicable
employment, shall be deemed to be on official time, and settlement by an appropriate lupon;
shall not suffer from any diminution in compensation or
allowance from said employment by reason thereof. (g) Such other classes of disputes which the President may
determine in the interest of Justice or upon the
Section 407. Legal Advice on Matters Involving recommendation of the Secretary of Justice.
Questions of Law. - The provincial, city legal officer or
prosecutor or the municipal legal officer shall render legal The court in which non-criminal cases not falling within the
advice on matters involving questions of law to the punong authority of the lupon under this Code are filed may, at any
barangay or any lupon or pangkat member whenever time before trial motu propio refer the case to the lupon
necessary in the exercise of his functions in the concerned for amicable settlement.
administration of the katarungang pambarangay.
Section 409. Venue. -
Section 408. Subject Matter for Amicable Settlement;
Exception Thereto. - The lupon of each barangay shall (a) Disputes between persons actually residing in the same
have authority to bring together the parties actually barangay shall be brought for amicable settlement before
residing in the same city or municipality for amicable the lupon of said barangay.
settlement of all disputes except:
(b) Those involving actual residents of different barangays
(a) Where one party is the government, or any subdivision within the same city or municipality shall be brought in the
or instrumentality thereof; barangay where the respondent or any of the respondents
actually resides, at the election of the complaint.
(b) Where one party is a public officer or employee, and the
dispute relates to the performance of his official functions; (c) All disputes involving real property or any interest
therein shall be brought in the barangay where the real
(c) Offenses punishable by imprisonment exceeding one (1) property or the larger portion thereof is situated.
year or a fine exceeding Five thousand pesos (P5,000.00);
(d) Those arising at the workplace where the contending
(d) Offenses where there is no private offended party; parties are employed or at the institution where such
parties are enrolled for study, shall be brought in the days from the filing of the complaint with the punong
barangay where such workplace or institution is located. barangay.

Objections to venue shall be raised in the mediation (d) Issuance of summons; hearing; grounds for
proceedings before the punong barangay; otherwise, the disqualification - The pangkat shall convene not later than
same shall be deemed waived. Any legal question which three (3) days from its constitution, on the day and hour set
may confront the punong barangay in resolving objections by the lupon chairman, to hear both parties and their
to venue herein referred to may be submitted to the witnesses, simplify issues, and explore all possibilities for
Secretary of Justice, or his duly designated representative, amicable settlement. For this purpose, the pangkat may
whose ruling thereon shall be binding. issue summons for the personal appearance of parties and
witnesses before it. In the event that a party moves to
Section 410. Procedure for Amicable Settlement. - disqualify any member of the pangkat by reason of
relationship, bias, interest, or any other similar grounds
(a) Who may initiate proceeding - Upon payment of the discovered after the constitution of the pangkat, the matter
appropriate filing fee, any individual who has a cause of shall be resolved by the affirmative vote of the majority of
action against another individual involving any matter the pangkat whose decision shall be final. Should
within the authority of the lupon may complain, orally or in disqualification be decided upon, the resulting vacancy
writing, to the lupon chairman of the barangay. shall be filled as herein provided for.

(b) Mediation by lupon chairman - Upon receipt of the (e) Period to arrive at a settlement - The pangkat shall
complaint, the lupon chairman shall within the next arrive at a settlement or resolution of the dispute within
working day summon the respondent(s), with notice to the fifteen (15) days from the day it convenes in accordance
complainant(s) for them and their witnesses to appear with this section. This period shall, at the discretion of the
before him for a mediation of their conflicting interests. If pangkat, be extendible for another period which shall not
he fails in his mediation effort within fifteen (15) days from exceed fifteen (15) days, except in clearly meritorious
the first meeting of the parties before him, he shall cases.
forthwith set a date for the constitution of the pangkat in
accordance with the provisions of this Chapter. Section 411. Form of settlement. - All amicable
settlements shall be in writing, in a language or dialect
(c) Suspension of prescriptive period of offenses - While the known to the parties, signed by them, and attested to by
dispute is under mediation, conciliation, or arbitration, the the lupon chairman or the pangkat chairman, as the case
prescriptive periods for offenses and cause of action under may be. When the parties to the dispute do not use the
existing laws shall be interrupted upon filing the complaint same language or dialect, the settlement shall be written in
with the punong barangay. The prescriptive periods shall the language known to them.
resume upon receipt by the complainant of the complainant
or the certificate of repudiation or of the certification to file Section 412. Conciliation. -
action issued by the lupon or pangkat secretary: Provided,
however, That such interruption shall not exceed sixty (60)
(a) Pre-condition to Filing of Complaint in Court. - No date thereof for the same grounds and in accordance with
complaint, petition, action, or proceeding involving any the procedure hereinafter prescribed. The arbitration
matter within the authority of the lupon shall be filed or award shall be made after the lapse of the period for
instituted directly in court or any other government office repudiation and within ten (10) days thereafter.
for adjudication, unless there has been a confrontation
between the parties before the lupon chairman or the (b) The arbitration award shall be in writing in a language
pangkat, and that no conciliation or settlement has been or dialect known to the parties. When the parties to the
reached as certified by the lupon secretary or pangkat dispute do not use the same language or dialect, the award
secretary as attested to by the lupon or pangkat chairman shall be written in the language or dialect known to them.
or unless the settlement has been repudiated by the parties
thereto. Section 414. Proceedings Open to the Public,
Exception. - All proceedings for settlement shall be public
(b) Where Parties May Go Directly to Court. - The parties and informal: Provided, however, That the lupon chairman
may go directly to court in the following instances: or the pangkat chairman, as the case may be, may motu
proprio or upon request of a party, exclude the public from
(1) Where the accused is under detention; the proceedings in the interest of privacy, decency, or
public morals.
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings; Section 415. Appearance of Parties in Person. - In all
katarungang pambarangay proceedings, the parties must
(3) Where actions are coupled with provisional remedies appear in person without the assistance of counsel or
such as preliminary injunction, attachment, delivery of representative, except for minors and incompetents who
personal property and support pendente lite; and may be assisted by their next-of-kin who are not lawyers.

(4) Where the action may otherwise be barred by the Section 416. Effect of Amicable Settlement and
statute of limitations. Arbitration Award. - The amicable settlement and
arbitration award shall have the force and effect of a final
(c) Conciliation among members of indigenous cultural judgment of a court upon the expiration of ten (10) days
communities. - The customs and traditions of indigenous from the date thereof, unless repudiation of the settlement
cultural communities shall be applied in settling disputes has been made or a petition to nullify the award has been
between members of the cultural communities. filed before the proper city or municipal court.

Section 413. Arbitration. - However, this provision shall not apply to court cases
settled by the lupon under the last paragraph of Section
(a) The parties may, at any stage of the proceedings, agree 408 of this Code, in which case the compromise or the
in writing that they shall abide by the arbitration award of pangkat chairman shall be submitted to the court and upon
the lupon chairman or the pangkat. Such agreement to approval thereof, have the force and effect of a judgment of
arbitrate may be repudiated within five (5) days from the said court.
Section 417. Execution. - The amicable settlement or Section 422. Appropriations. - Such amount as may be
arbitration award may be enforced by execution by the necessary for the effective implementation of the
lupon within six (6) months from the date of the settlement. katarungang pambarangay shall be provided for in the
After the lapse of such time, the settlement may be annual budget of the city or municipality concerned.
enforced by action in the appropriate city or municipal
court.

Section 418. Repudiation. - Any party to the dispute may,

within ten (10) days from the date of the settlement,
repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the
consent is vitiated by fraud, violence, or intimidation. Such
repudiation shall be sufficient basis for the issuance of the
certification for filing a complaint as hereinabove provided.

Section 419. Transmittal of Settlement and

Arbitration. - Award to the Court. - The secretary of the Rules on Expedited Procedures in the First Level
lupon shall transmit the settlement or the arbitration award Courts
to the appropriate city or municipal court within five (5) AM No 08-8-7-SC
days from the date of the award or from the lapse of the
ten-day period repudiating the settlement and shall furnish March 1, 2022
copies thereof to each of the parties to the settlement and RULE I APPLICABILITY
the lupon chairman.
Section 1. Coverage. - These rules shall govern the
Section 420. Power to Administer Oaths. - The punong expedited procedures in the Metropolitan Trial Courts, the
barangay, as chairman of the lupong tagapamayapa, and Municipal Trial Courts in Cities, the Municipal Trial Courts,
the members of the pangkat are hereby authorized to and the Municipal Circuit Trial Courts, for the following
administer oaths in connection with any matter relating to cases falling within their jurisdiction:
all proceedings in the implementation of the katarungang
pambarangay. A. CIVIL CASES

Section 421. Administration; Rules and Regulations. - (1) Summary Procedure Cases, as follows:
The city or municipal mayor, as the case may be, shall see
to the efficient and effective implementation and (a) Forcible entry and unlawful detainer cases,
administration of the katarungang pambarangay. The regardless of the amount of damages or unpaid rentals
Secretary of Justice shall promulgate the rules and sought to be recovered. Where attorney's fees are awarded,
regulations necessary to implement this Chapter.
the same shall not exceed One Hundred Thousand Pesos All other cases not included herein shall be governed by the
(P100,000.00). regular rules of procedure.

(b) All civil actions, except probate proceedings, admiralty (2) Small Claims Cases, as defined hereunder, where the
and maritime actions, and small claims cases falling under claim does not exceed One Million Pesos
Rule IV hereof, where the total amount of the plaintiff's (P1,000,000.00), exclusive of interest and costs.
claim does not exceed Two Million Pesos
(P2,000,000.00), exclusive of interest, damages of A “small claim" is an action that is purely civil in nature
whatever kind, attorney's fees, litigation expenses and where the claim or relief raised by the plaintiff is solely for
costs. the payment or reimbursement of a sum of money. It
excludes actions seeking other claims or reliefs aside from
(c) Complaints for damages where the claim does not payment or reimbursement of a sum of money and those
exceed Two Million Pesos (P2,000,000.00), exclusive of coupled with provisional remedies.
interest and costs.
The claim or demand may be:
(d) Cases for enforcement of barangay amicable
settlement agreements and arbitration awards where (a) For money owed under any of the following:
the money claim exceeds One Million Pesos
(P1,000,000.00), provided that no execution has been 1. Contract of Lease.
enforced by the barangay within six (6) months from the
date of the settlement or date of receipt of the award or 2. Contract of Loan and other credit accommodations.
from the date the obligation stipulated or adjudged in the
arbitration award becomes due and demandable, pursuant 3. Contract of Services; or
to Section 417, Chapter VII of Republic Act No. 7160,
otherwise known as The Local Government Code of 1991. 4. Contract of Sale of personal property, excluding the
recovery of the personal property, unless it is made the
(e) Cases solely for the revival of judgment of any subject of a compromise agreement between the parties.
Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court, and Municipal Circuit Trial Court, (b) The enforcement of barangay amicable settlement
pursuant to Rule 39, Section 6 of the Rules of Court. agreements and arbitration awards, where the money
claim does not exceed One Million Pesos
(f) The civil aspect of a violation of Batas Pambansa Blg. 22 (P1,000,000.00), provided that no execution has been
(the Bouncing Checks Law), if no criminal action has been enforced by the barangay within six (6) months from the
instituted therefor. Should a criminal action be later date of the settlement or date of receipt of the award or
instituted for the same violation, the civil aspect shall be from the date the obligation stipulated or adjudged in the
consolidated with the criminal action and shall be tried and arbitration award becomes due and demandable, pursuant
decided jointly under the Rule on Summary Procedure. to Section 417, Chapter VII of Republic Act No. 7160,
otherwise known as The Local Government Code of 1991.
 offense charged is necessarily related to another criminal
B. CRIMINAL CASES case subject to the regular procedure.

The following criminal cases shall be governed by the Rule RULE II GENERAL COMMON PROVISIONS
on Summary Procedure:
Section 1. Applicability of the regular rules. - The
(1) Violations of traffic laws, rules and regulations. regular procedure prescribed in the Rules of Court shall
apply to the cases covered by these Rules where no specific
(2) Violations of the rental law. provision is found herein. It shall also apply in a suppletory
manner even if there is a specific provision found in these
(3) Violations of municipal or city ordinances. Rules, but only insofar as not inconsistent. In case of
inconsistency, these Rules shall prevail.
(4) Violations of Batas Pambansa Blg. 22 (the Bouncing
Checks Law); and Sec. 2. Prohibited pleadings and motions. - The
following pleadings, motions, or petitions shall not be
(5) All other criminal cases where the penalty prescribed by allowed in cases governed by these Rules:
law for the offense charged is imprisonment not exceeding
one (1) year, or a fine not exceeding Fifty Thousand Pesos (a) In civil cases, a motion to dismiss the complaint or the
(P50,000.00), or both, regardless of other imposable statement of claim, and in criminal cases, a motion to quash
penalties, accessory or otherwise, or of the civil liability the complaint or information, except on the ground of lack
arising therefrom. In offenses involving damage to property of jurisdiction over the subject matter or failure to comply
through criminal negligence under Article 365 of the with the requirement of barangay conciliation, pursuant to
Revised Penal Code, this Rule shall govern where the Chapter VII, Title I, Book III of Republic Act No. 7160.
imposable fine does not exceed One Hundred Fifty
Thousand Pesos (P150,000.00). (b) Motion to hear and/or resolve affirmative defenses.

If the prescribed penalty consists of imprisonment and/or a (c) Motion for a bill of particulars.
fine, the prescribed imprisonment shall be the basis for
determining the applicable procedure. (d) Motion for new trial, or for reconsideration of a
judgment on the merits, or for reopening of proceedings.
All other cases not included herein shall be governed by the
regular rules of procedure. (e) Petition for relief from judgment.

Sec. 2. Non-applicability. - These Rules shall not apply to (f) Motion for extension of time to file pleadings, affidavits
civil cases where the plaintiff's cause of action is pleaded in or any other paper.
the same complaint with another cause of action subject to
the regular procedure; nor to criminal cases where the (g) Memoranda.
(h) Petition for certiorari, mandamus, or prohibition against RULE III THE RULE ON SUMMARY PROCEDURE
any interlocutory order issued by the court.
A. CIVIL CASES
(i) Motion to declare the defendant in default.
Section 1. Pleadings and Verification. - The only
(j) Dilatory motions for postponement. Any motion for pleadings allowed to be filed are the complaint, compulsory
postponement shall be presumed dilatory unless grounded counterclaim, cross-claim pleaded in the answer, and reply,
on acts of God, force majeure, or physical inability of a as provided in Section 8 of this Rule.
counsel or witness to personally appear in court, as
supported by the requisite affidavit and medical proof; All pleadings shall be verified.

(k) Rejoinder. Sec. 2. Form and contents of pleadings. - All pleadings

submitted under this Rule shall comply with Rule 7 of the
(l) Third-party complaints. 2019 Amendments to the 1997 Rules of Civil Procedure.
All cases requiring prior referral to barangay conciliation
(m) Motion for and Complaint in Intervention. must contain a statement of compliance, pursuant to
Chapter VII, Title I, Book III of Republic Act No. 7160.
(n) Motion to admit late judicial affidavit/s, position papers, Where there is no showing of compliance with such
or other evidence, except on the ground of force majeure or requirement, the complaint shall be dismissed without
acts of God. prejudice, on the court's own initiative or upon motion by
the defendant, and may be re-filed only after the
(o) Motion for judicial determination of probable cause in requirement has been complied with.
criminal cases.
Sec. 3. Complaint. - The complaint shall state the
Sec. 3. Videoconference. - As far as practicable, and if following:
the court finds that the conduct of a videoconference
hearing will be beneficial to the fair, speedy and efficient (a) The names of the affiants whose judicial affidavits will
administration of justice, the court, on its own initiative or be presented to prove the plaintiff's claim. The judicial
upon motion, may set the case for a videoconference affidavits shall be attached to the complaint and form an
hearing at any stage of the proceedings. integral part thereof. Judicial affidavits not attached to the
complaint shall not be considered;
Sec. 4. Service pursuant to international convention. -
Service made pursuant to the Hague Convention on the (b) The summary of the statements in the judicial affidavits;
Service Abroad of Judicial and Extrajudicial Documents in
Civil or Commercial Matters shall be valid, and the period (c) The documentary and other object evidence in support
to answer shall commence from receipt of the document of the allegations in the complaint; and
served.
(d) Whether the plaintiff consents to service by electronic
means or facsimile and, if so, the plaintiff's e-mail (a) The names of the affiants whose judicial affidavits will
addresses or facsimile numbers for such purpose. be presented to prove the defendant's allegations. The
judicial affidavits shall be attached to the answer and form
Sec. 4. Summons. - Within five (5) calendar days from an integral part thereof. Judicial affidavits not attached to
receipt of a new civil case, if the court determines that the the answer shall not be considered.
case falls under this Rule, the court shall direct the Branch
Clerk to issue summons to the defendant, stating clearly (b) The summary of the statements in the judicial affidavits.
that the case shall be governed by the Rule on Summary
Procedure. (c) The documentary and other object evidence in support
of the allegations in the answer; and
However, if from an examination of the allegations in the
initiatory pleading and such evidence as may be attached (d) Whether the defendant consents to service by electronic
thereto, a ground for the outright dismissal of the case is means or facsimile and, if so, the defendant's e-mail
apparent, the court may dismiss the case on its own addresses or facsimile numbers for such purpose.
initiative. These grounds include lack of subject matter
jurisdiction, improper venue, lack of legal capacity to sue, Affirmative defenses not pleaded in the answer shall be
litis pendentia, res judicata, prescription, failure to state a deemed waived, except for lack of jurisdiction over the
cause of action, non-submission of a certification against subject matter, litis pendentia, res judicata, and
forum shopping, and lack of compliance with a condition prescription.
precedent such as absence of barangay conciliation, among
others. Cross-claims and compulsory counterclaims not asserted in
the answer shall be considered barred.
A patently erroneous determination to avoid the application
of the Rule on Summary Procedure is a ground for Sec. 7. Counterclaims Within the Coverage of this
disciplinary action. Rule. - If at the time the action is commenced, the
defendant possesses a claim against the plaintiff that
Sec. 5. Filing and Service. - The rules on filing and
service of pleadings under Rule 13 and service of summons (a) is within the coverage of this Rule, exclusive of interest
under Rule 14 of the 2019 Amendments to the 1997 Rules and costs.
of Civil Procedure shall be applicable to cases under this
Rule, unless inconsistent. (b) arises out of the same transaction or event that is the
subject matter of the plaintiff's claim.
Sec. 6. Answer. - Within thirty (30) calendar days from
service of summons, the defendant shall file an answer to (c) does not require for its adjudication the joinder of third
the complaint and serve a copy thereof on the plaintiff. parties; and

The answer shall state the following: (d) is not the subject of another pending action,
the claim shall be filed as a counterclaim in the answer; responsive pleading. The rules on pre-trial under Rule 18 of
otherwise, the defendant shall be barred from suing on the 2019 Amendments to the 1997 Rules of Civil Procedure
such counterclaim. shall be applicable to the Preliminary Conference, unless
inconsistent.
The defendant may also elect to file a counterclaim against
the plaintiff that does not arise out of the same transaction The Notice of Preliminary Conference shall include the
or occurrence, provided that the amount and nature thereof dates respectively set for:
are within the coverage of this Rule and the prescribed
docket, and other legal fees are paid. (a) Preliminary Conference (within 30 calendar days from
the filing of the last responsive pleading);
Any amount pleaded in a counterclaim in excess of Two
Million Pesos (P2,000,000.00), excluding interests and (b) Court-Annexed Mediation (within an in extendible
costs, shall be deemed waived. period of 30 calendar days from date of referral for
mediation); and
Sec. 8. Reply. - All new matters alleged in the answer shall
be deemed controverted. (c) Judicial Dispute Resolution, in the court's discretion
The plaintiff may file a reply to a counterclaim only when an (within an in extendible period of 15 calendar days from
actionable document is attached to the answer. The reply notice of failure of the Court-Annexed Mediation).
shall be filed within ten (10) calendar days from receipt of
the answer. Non-appearance at any of the foregoing settings shall be
deemed as non-appearance at the Preliminary Conference
Sec. 9. Effect of failure to answer. - Should the and shall merit the same sanctions under Section 12 of this
defendant fail to answer the complaint within the period Rule.
provided, the court, on its own initiative, or upon
manifestation by the plaintiff that the period for filing an Sec. 11. Preliminary Conference Brief. - The parties
answer has already lapsed, shall render judgment as may shall file with the court and serve on the adverse party in
be warranted by the facts alleged in the complaint and its such a way as to ensure receipt, at least three (3) calendar
attachments, limited to what is prayed for therein. days before the scheduled Preliminary Conference, their
respective Preliminary Conference Briefs, which shall
The court may reduce the amount of damages and contain, among others:
attorney's fees claimed for being excessive or otherwise
unconscionable. (a) A summary of admitted facts.

Sec. 10. Preliminary Conference; notice. - Within five (b) A summary of disputed facts and proposals for
(5) calendar days after the last responsive pleading is filed, stipulations on the same.
the Branch Clerk of Court shall issue a Notice of
Preliminary Conference, which shall be held within thirty (c) A statement of factual and legal issues; and
(30) calendar days from the date of filing of such last
(d) A list of testimonial, object, and other documentary Rule shall not apply, however, where one of two or more
evidence offered in support of the party's claims or defendants sued under a common cause of action and who
defenses, and their markings, if any. had pleaded a common defense, shall appear at the
Preliminary Conference.
Failure to submit a Preliminary Conference Brief within the
period given shall merit the same sanction as non- Sec. 13. Preliminary Conference Order. - Immediately
appearance at the Preliminary Conference. after the preliminary conference and the issues having
been joined the court shall issue a Preliminary Conference
Sec. 12. Appearance at Preliminary Conference. - It Order referring the parties to the mandatory Court-
shall be the duty of the parties and their counsel to appear Annexed Mediation, and Judicial Dispute Resolution, which
at the Preliminary Conference, Court Annexed Mediation, shall be conducted in accordance with the provisions of
and Judicial Dispute Resolution, if the latter is ordered by A.M. No. 19-10-20-SC or the 2020 Guidelines for the
the court. The non-appearance of a party and/or counsel Conduct of the Court-Annexed Mediation (CAM) and
may be excused only for acts of God, force majeure, or duly Judicial Dispute Resolution (IDR) in Civil Cases.
substantiated physical inability.
The court may, in the same Preliminary Conference Order,
A representative may appear on behalf of a party, but must declare the case submitted for judgment if, on the basis of
be fully authorized through a Special Power of Attorney or a the pleadings and their attachments, as well as the
board resolution, as the case may be, to: stipulations and admissions made by the parties, judgment
may be rendered without the need of submission of position
(1) enter into an amicable settlement, papers. In this event, the court shall render judgment
within thirty (30) calendar days from issuance of the order.
(2) to submit to alternative modes of dispute resolution, and The court's order shall not be the subject of a motion for
reconsideration or a petition for certiorari, prohibition, or
(3) to enter into stipulations or admissions of facts and mandamus, but may be among the matters raised on appeal
documents. An authority which fails to include all these after a judgment on the merits.
acts shall be ineffective and the party represented shall be
deemed absent. If the court, however, deems the submission of position
papers still necessary, it shall require the parties, in the
The failure despite notices of the plaintiff and/or his or her Preliminary Conference Order, to submit their respective
counsel to appear at the Preliminary Conference shall be a position papers within ten (10) calendar days from receipt
cause for the dismissal of the complaint. The defendant who of such order. No other judicial affidavits or evidence will
appears in the absence of the plaintiff shall be entitled to be admitted even if filed with the position papers.
judgment on the counterclaim, in accordance with
Section 9 of this Rule. All cross-claims shall be dismissed. Sec. 14. Rendition of judgment. - Within thirty (30)
If a sole defendant and/or his or her counsel fail to appear calendar days from receipt by the court of the Mediator's
at the Preliminary Conference, the plaintiff shall be entitled Report or the JDR Report on the parties' failure to reach an
to judgment in accordance with Section 9 of this Rule. This amicable settlement, the court shall render judgment.
However, should the court find it necessary to clarify (b) If commenced by information. - When the case is
certain material facts, it may, during the said period, issue commenced by information, or is not dismissed pursuant to
an order specifying the matters to be clarified, and require paragraph (a), the court shall issue an order which,
the parties to submit additional judicial affidavits or other together with copies of the resolution of the investigating
evidence on the said matters, within ten (10) calendar days officer and the judicial affidavits and other evidence
from receipt of said order. Judgment shall be rendered submitted by the prosecution, shall require the accused to
within fifteen (15) calendar days after the receipt of the last submit a judicial counter-affidavit and the judicial affidavits
clarificatory judicial affidavits, or the expiration of the of his or her witnesses, as well as any other evidence in his
period for filing the same. or her behalf, within fifteen (15) calendar days from receipt
of the order. The accused shall serve copies thereof on the
The court shall not resort to the clarificatory procedure to private complainant and the public prosecutor within the
gain time for the rendition of the judgment. same period.

B. CRIMINAL CASES Except on rebuttal, no witness shall be allowed to testify

unless his or her judicial affidavit was submitted in
Section 1. How commenced; filing and service. – The accordance with this provision. The judicial affidavit shall
filing of criminal cases governed by the Rule on Summary take the place of the direct testimony of a witness.
Procedure shall either be by complaint or by information.
However, instead of judicial affidavits, the prosecution may
The complaint or information shall be accompanied by the submit the written sworn statements of the complainant
judicial affidavits of the complainant and of his or her and/or the witnesses prepared by the law enforcement
witnesses, in such number of copies as there are accused, agents assigned to the case, or the affidavits submitted to
plus one (1) copy for the court. the public prosecutor during preliminary investigation. If
the prosecution chooses this option, the prosecutor shall
The complaint or information and other submissions of the not be allowed to ask additional direct examination
parties may be filed with the court and served on the questions of the complainant and/or the witnesses, except
adverse party/ies, and judgments, resolutions, orders, and for meritorious reasons.
other court processes may be served to the parties, The sworn statements and affidavits shall stand as the
electronically with their consent, in accordance with the direct testimony of the affiants, supplemented by additional
prevailing Rules and other Court issuances. direct examination if allowed by the court.
Sec. 2. Duty of court; Judicial Affidavits. -
Sec 3. Determination of probable cause. - Upon receipt
(a) If commenced by complaint. – On the basis of the of the accused's judicial counter-affidavit and/ or the
complaint and the judicial affidavits and other evidence judicial affidavits of his or her witnesses, or the lapse of the
accompanying the same, the court may dismiss the case period given for the submission thereof, the court shall
outright for lack of probable cause and order the release of determine if probable cause exists to hold the accused for
the accused if in custody. trial.
 (a) Upon receipt of the case, the court shall set the
If the court finds that no probable cause exists, it shall arraignment and pre-trial within ten (10) calendar days for
order the dismissal of the case and the immediate release detained accused and thirty (30) calendar days for non-
of the accused, if in custody. detained accused.
If the court finds that probable cause exists, the court shall
set the case for arraignment and pre-trial. The notice of arraignment and pre-trial shall require the
attendance of the accused and his or her counsel and all
For detained accused, if the period for submission of defense witnesses, the private complainant and his or her
judicial affidavits and other evidence by the accused has witnesses, the public prosecutor and private prosecutor,
not yet lapsed and no submission has been made on the where allowed, as well as the law enforcement agents
date set for the arraignment and pre-trial, the court may assigned to the case.
proceed with the arraignment if the accused waives the
court's consideration of his or her judicial counter-affidavit Before arraigning the accused, the court shall inquire into
and/ or the judicial affidavits of his or her witnesses in the the possibility of a plea bargain between the parties. If
determination of probable cause, without waiver of the there is no plea bargain, the court shall arraign the accused
admission of such judicial counter-affidavit and/ or the on the original charge and enter his or her plea in the
judicial affidavits of his or her witnesses within a fresh record.
period of ten (10) calendar days from the date of the
arraignment and the pre-trial. If the accused pleads guilty to the original charge, the court
shall forthwith sentence him or her.
Sec. 4. Arrest. - The court shall not issue a warrant for the
arrest of the accused in criminal cases governed by the If the accused offers to plead guilty to a lesser offense, the
Rule on Summary Procedure, except for failure to appear consent of the public prosecutor and the private
despite notice, whenever required by the court. Release of complainant, or the law enforcement agent assigned to the
the person arrested shall either be on bail, or on his or her case in victimless crimes, shall be secured, unless the latter
own recognizance, or that of a responsible citizen are absent despite notice, in which case the consent of the
acceptable to the court. public prosecutor shall suffice.
If the warrant of arrest could not be served on the accused
because he or she could not be located, the court shall (b) After arraignment, the court shall conduct the Pre-Trial
issue an order archiving the case once the law enforcement Conference in accordance with the Revised Guidelines for
agency entrusted with the service of the warrant of arrest Continuous Trial of Criminal Cases.
files a return to that effect, or after six (6) months from the
issuance of the warrant of arrest, there being no return No admission by the accused shall be used against him or
filed by the law enforcement agency. her unless reduced into writing and signed by the accused
and the defense counsel. The signatures of the accused and
Sec. 5. Arraignment and pre-trial. - the defense counsel either on the Pre Trial Order or the
Minutes of the Pre-Trial Conference, which embodies such
admissions, shall suffice.
Sec. 6. Trial and Offer. - At the trial, the testimonies of A motion for postponement of any trial date shall be
witnesses shall consist of the duly subscribed written presumed dilatory and denied outright, unless grounded on
statements given to law enforcement agents, or the acts of God, force majeure, or duly substantiated physical
affidavits or counter-affidavits submitted before the inability of the counsel or witness. Any postponement
investigating officer, or their judicial affidavits, subject to granted by the court for the authorized causes shall not
cross, re-direct, and re-cross examination questions. extend the period for presentation of a party's evidence.
The party who sought the postponement shall only have the
Should any affiant fail to testify, his or her affidavit shall not remaining trial dates assigned to him or her to complete his
be considered as competent evidence for the party or her evidence presentation.
presenting the affidavit, but the adverse party may utilize
the same for any admissible purpose. Sec. 7. Judgment. - The court shall render and promulgate
the judgment not later than thirty (30) calendar days from
Except on rebuttal, no witness shall be allowed to testify the court's action on the last presenting party's offer of
unless his or her affidavit was previously submitted to the evidence.
court in accordance with Section 2 hereof.
C. APPEALS IN SUMMARY PROCEDURE
The prosecution shall have sixty (60) calendar days to
complete its evidence presentation. On the last day of its Section 1. Ordinary appeal. - Any judgment, final order,
presentation of evidence, the public prosecutor shall orally or final resolution in a Summary Procedure case may be
offer the prosecution evidence. The defense counsel shall appealed to the appropriate Regional Trial Court exercising
then make his or her oral comments on the offer, and jurisdiction over the territory under Rule 40 for civil cases
thereafter, the court shall orally resolve the offer of and Rules 122 for criminal cases, of the Rules of Court. The
evidence of the prosecution. The ruling shall be embodied appeal shall be taken by filing a notice of appeal, together
in the written order the court will issue thereafter. with proof of payment of the appeal fees, with the court
that rendered the judgment, order or resolution appealed
The defense shall also have sixty (60) calendar days to from, within fifteen (15) calendar days from receipt of the
complete its evidence presentation. On the last day of its same.
presentation of evidence, the defense counsel shall orally
offer the defense evidence. The public prosecutor shall then Sec. 2. Remedy from judgment on appeal. - The
make his or her oral comments on the offer, and thereafter, judgment of the Regional Trial Court on the appeal shall be
the court shall orally resolve the offer of evidence of the final, executory, and unappealable.
defense. The ruling shall be embodied in the written order
the court will issue thereafter. RULE IV THE RULE ON SMALL CLAIMS

If the prosecution decides to present rebuttal evidence, it Section 1. Scope. - This Rule shall govern the procedure
shall have fifteen (15) calendar days from the court action in actions before the Metropolitan Trial Courts (MeTCs),
on the offer of defense evidence to complete the same. Municipal Trial Courts in Cities (MTCCs), Municipal Trial
Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) 6. Good cause means circumstances sufficient to justify
for payment or reimbursement of a sum of money where the requested order or other action, as determined
the value of the claim does not exceed One Million Pesos by the judge;
(P1,000,000.00).
Sec. 2. Objectives. - 7. Affidavit means a written statement or declaration of
facts that are sworn to or affirmed to be true;
(a) To protect and advance the constitutional right of
persons to a speedy disposition of their cases; 8. Business of Lending refers to any lending activity
pursued with regularity;
(b) To provide a simplified and inexpensive procedure for
the disposition of small claims cases; and 9. Business of Banking refers to the business of lending
funds obtained in the form of deposits.
(c) To introduce innovations and best practices for the
benefit of the underprivileged. Sec. 4. Commencement of Small Claims Action. - A
small claims action is commenced by filing with the court
Sec. 3. Definition of Terms. - For purposes of this Rule: an accomplished Statement of Claim/s with Verification and
Certification Against Forum Shopping, Splitting a Single
1. Plaintiff refers to the party who initiated a small Cause of Action, and Multiplicity of Suits (Form 1-SCC) and
claims action. The term includes a defendant who duly certified photocopies of the actionable document/s
has filed a counterclaim against a plaintiff; subject of the claim, affidavits of witnesses, and other
evidence to support the claim, with as many copies thereof
2. Defendant is the party against whom the plaintiff as there are defendants. No evidence shall be allowed
has filed a small claims action. The term includes a during the hearing which was not attached to or submitted
plaintiff against whom a defendant has filed a claim, together with the Statement of Claim/s, unless good cause
or a person who replies to the claim; is shown for the admission of additional evidence.
The plaintiff must state in the Statement of Claim/s if
3. Person is an individual, corporation, partnership, he/she/it is engaged in the business of lending, banking and
limited liability partnership, association, or other similar activities, and the number of small claims cases
juridical entity endowed with personality by law; filed within the calendar year regardless of judicial station.

4. Individual is a natural person; For juridical entities, a board resolution or secretary's

certificate authorizing the person to file the claim must be
5. Motion means a party's request, written or oral, to attached to the Statement of Claim/s.
the court for an order or other action. It shall
include an informal written request to the court, No formal pleading, other than the Statement of Claim/s
such as a letter; described in this Rule, is necessary to initiate a small
claims action.
Sec. 5. Venue for Small Claims Cases. - The regular
rules on venue shall apply. However, if more than five (5) small claims are filed by one
party within the calendar year, regardless of the judicial
However, if the plaintiff is engaged in the business of station, an additional filing fee of Five Hundred Pesos
lending, banking and similar activities, and has a branch (P500.00) shall be paid for every claim filed after the fifth
within the municipality or city where the defendant resides (5th) claim, and an additional One Hundred Pesos (P100.00)
or is holding business, the Statement of Claim/s shall be or a total of Six Hundred Pesos (+600.00) for every claim
filed in the court of the city or municipality where the filed after the tenth (10th) claim, and another One Hundred
defendant resides or is holding business. If there are two Pesos (P100.00) or a total of Seven Hundred Pesos (P700)
(2) or more defendants, it shall be filed in the court of the for every claim filed after the fifteenth (15th) claim,
city or municipality where any of them resides or is holding progressively and cumulatively.
business, at the option of the plaintiff.
If a case is dismissed without prejudice under Sec. 12 (f) of
Sec. 6. Joinder of Claims. - Plaintiff may join in a single this Rule, and is re-filed within one (1) year from notice of
statement of claim one or more separate small claims dismissal, the plaintiff shall pay a fixed amount of Two
against a defendant provided that the total amount claimed, Thousand Pesos (P2,000.00) as filing fee, inclusive of the
exclusive of interest and costs, does not exceed One Million One Thousand Peso (P1,000.00) fee for service of summons
Pesos (P1,000,000.00). and processes.

Sec. 7. Affidavits. - The affidavits submitted under this If the plaintiff is engaged in the business of lending,
Rule shall state only facts of direct personal knowledge of banking, and similar activities, the amount of filing and
the affiants or based on authentic records, which are other legal fees shall be the same as those applicable to
admissible in evidence. cases filed under the regular rules of procedure.

A violation of this requirement shall subject the party, and A claim filed with a motion to sue as indigent (Form 6-SCC)
the counsel who assisted the party in the preparation of the shall be referred to the Executive Judge for immediate
affidavits, if any, to appropriate disciplinary action. The action in case of multi-sala courts. If the motion is granted
inadmissible affidavit(s) or portion(s) thereof shall be by the Executive Judge, the case shall be raffled off or
expunged from the record. assigned to the court designated to hear small claims cases.
If the motion is denied, the plaintiff shall be given five (5)
The non-submission of the required affidavits will cause the calendar days within which to pay the docket fees,
immediate dismissal of the claim or counterclaim. otherwise, the case shall be dismissed without prejudice. In
no case shall a party, even if declared an indigent, be
Sec. 8. Payment of Filing Fees. - The plaintiff shall pay exempt from the payment of the One Thousand Peso
the docket and other legal fees prescribed under Rule 141 (P1,000.00) fee for service of summons and processes.
of the Revised Rules of Court, unless allowed to litigate as
an indigent. Exemption from the payment of filing fees shall Sec. 9. Dismissal of the Claim. - After the court
be granted only by the Supreme Court. determines that the case falls under this Rule, it may, from
an examination of the allegations of the Statement of If plaintiff misrepresents that he/she/ it is not engaged in
Claim/s and such evidence attached thereto, on its own the business of lending, banking, or similar activities when
initiative, dismiss the case outright on any of the following in fact he/she/it is so engaged, the Statement of Claim/s
grounds: shall be dismissed with prejudice and plaintiff shall be
meted the appropriate sanctions, including citation for
(a) The court has no jurisdiction over the subject matter; direct contempt.

(b) There is another action pending between the same However, if the case does not fall under this Rule, but falls
parties for the same cause; under summary or regular procedure, or if the case is filed
under summary or regular procedure but falls under this
(c) The action is barred by prior judgment; Rule, the case shall not be dismissed. Instead, the case
shall be re-docketed under the appropriate procedure, and
(d) The claim is barred by the statute of limitations; returned to the court where it was assigned, subject to
payment of any deficiency in the applicable regular rate of
(e) The court has no jurisdiction over the person of the filing fees.
defendant;
Sec. 10. Summons and Notice of Hearing. - If no
(f) Venue is improperly laid; ground for dismissal is found, the court shall forthwith
issue Summons (Form 2-SCC) within twenty-four (24) hours
(g) Plaintiff has no legal capacity to sue; from receipt of the Statement of Claim/s, directing the
defendant to submit a verified Response.
(h) The Statement of Claim/s states no cause of action;
The Summons to be served on the defendant shall be
(i) That a condition precedent for filing the claim has not accompanied by a copy of the Statement of Claim/s and
been complied with; and documents submitted by plaintiff, and a blank Response
Form (Form 3-SCC) to be accomplished by the defendant.
(j) Plaintiff failed to submit the required affidavits, as
provided in Section 7 of this Rule. The court shall also issue a Notice of Hearing (Form 4-SCC)
to both parties, directing them to appear before it on a
The order of dismissal shall state if it is with or without specific date and time for hearing, with a warning that no
prejudice. unjustified postponement shall be allowed, as provided in
Section 20 of this Rule. A blank Special Power of Attorney
If, during the hearing, the court is able to determine that (Form 7-SCC) shall be attached to the Notice of Hearing.
there exists a ground for dismissal of the Statement of
Claim/s, the court may, on its own initiative, dismiss the The Notice of Hearing shall accompany the Summons and
case even if such ground is not pleaded in the defendant's shall contain: (a) the date of the hearing, which shall not be
Response (Form 3-SCC). more than thirty (30) calendar days from the filing of the
Statement of Claim/s, or not more than sixty (60) calendar
days if one of the defendants resides or holds business certificate thereto, as the case may be, stating that such
outside the judicial region; and (b) the express prohibition representative is duly authorized to serve the Summons on
against the filing of a motion to dismiss or other prohibited behalf of the plaintiff.
motions under Section 2, Rule II.
(e) If the plaintiff misrepresents that the defendant was
Sec. 11. Electronic Filing and Service. - The service of served with Summons, and it is later proved that no
court issuances and filings by the plaintiff/s and defendant/s Summons was served, the case shall be dismissed with
may be made through email, facsimile, and other electronic prejudice, the proceedings shall be nullified, and the
means. Notices may also be served through mobile phone plaintiff shall be declared in indirect contempt under Rule
calls, short messaging service (SMS), or instant messaging 71 of the Rules of Court, and/or be meted a fine in the
(IM) software applications. The consent to, and chosen amount of P5,000.00
mode of, electronic service and notice shall be indicated in
the Statement of Claim/s or Response, as the case may be. (f) In both instances under paragraphs (b) and (c), the
plaintiff shall inform the court within thirty (30) calendar
Sec. 12. Service of Summons. - days from notice if said Summons was served; otherwise,
the Statement of Claim/s shall be dismissed without
(a) The Summons and Notice of Hearing must be issued prejudice as to those who were not served with Summons.
within twenty-four (24) hours from receipt of the Statement This is not a ground to archive the case. The case, however,
of Claim/s. may be re-filed within one year from notice of dismissal,
The Summons, together with the Notice of Hearing, shall subject to payment of reduced filing fees under Section 8
be served by the sheriff, his or her deputy, or other proper hereof.
court officer within ten (10) calendar days from issuance.
Within five calendar (5) days from such service, the Sec. 13. Response. - The defendant shall file with the
Officer's Return shall be filed with the court with a copy court and serve on the plaintiff a duly accomplished and
furnished to the plaintiff at the given address/es of record. verified Response (Form 3-SCC) within a non-extendible
period of ten (10) calendar days from receipt of Summons.
(b) If Summons is returned without being served on any or The Response shall be accompanied by certified
all of the defendants, the court shall order the plaintiff or photocopies of documents, as well as affidavits of witnesses
his or her representative to serve or cause the service of and other evidence in support thereof. No evidence shall be
Summons. allowed during the hearing which was not attached to or
(c) In cases where Summons is to be served outside the submitted together with the Response, unless good cause is
judicial region of the court where the case is pending, the shown for the admission of additional evidence.
court may order the plaintiff or his or her representative to
serve or cause the service of Summons. Sec. 14. Effect of Failure to File Response. - Should the
defendant fail to file his/her/its Response within the
(d) If the plaintiff is a juridical entity, it shall notify the required period, and likewise fail to appear on the date set
court, in writing, and name its authorized representative for hearing, the court shall render judgment within twenty-
therein, attaching a board resolution or secretary's four (24) hours from the termination of the hearing, as may
be warranted by the facts alleged in the Statement of Sec. 16. Availability of Forms; Assistance by Court
Claim/s and its attachments. Personnel. - The Clerk of Court or other court personnel
shall provide such assistance as may be requested by a
Should the defendant fail to file his/her/its Response within plaintiff or a defendant regarding the availability of forms
the required period but appear on the date set for hearing, and other information about the coverage, requirements, as
the court shall ascertain what defense he/she/it has to offer, well as procedure, for small claims cases.
which shall constitute his/her/its Response, proceed to hear Plaintiff shall be given copies of Forms 1-SCC (Statement of
the case on the same day as if a Response has been filed Claim/s), 1-A-SCC (Other Plaintiffs or Defendants) for
and, thereafter, render judgment within twenty four (24) additional plaintiffs or defendants, if any, and 1-B-SCC
hours from the termination of the hearing. If the defendant (Plaintiff's Information Sheet).
relies on documentary evidence to support his defense, the
court shall order him/her/it to submit original copies of The Branch Clerk of Court must ensure that there should
such documents within three (3) calendar days from the be, at least, one (1) hearing day every week devoted to
termination of the hearing and, upon receipt thereof or Small Claims, with a minimum of five (5) cases scheduled
expiration of the period to file, the court shall render per hearing day. Cases with the same party plaintiff may all
judgment within twenty four (24) hours. be set on the same date for facility in the preparation of
notices and judgments. The Court should post a notice of its
Sec. 15. Counterclaims Within the Coverage of this Small Claims hearing day conspicuously at the Branch and
Rule. - If at the time the action is commenced, the at the Office of the Clerk of Court.
defendant possesses a claim against the plaintiff that (a) is
within the coverage of this Rule, exclusive of interest and Sec. 17. Appearance. - The parties shall personally appear
costs; (b) arises out of the same transaction or event that is on the designated date of hearing.
the subject matter of the plaintiff's claim; (c) does not Appearance through a representative must be for a valid
require for its adjudication the joinder of third parties; and cause. The representative of an individual-party must not
(d) is not the subject of another pending action, the claim be a lawyer. Juridical entities shall not be represented by a
shall be filed as a counterclaim in the Response; otherwise, lawyer in any capacity.
the defendant shall be barred from suing on such
counterclaim. The representative must be authorized under a Special
Power of Attorney (Form 7-SCC), board resolution or
The defendant may also elect to file a counterclaim against secretary's certificate, as the case may be, to enter into an
the plaintiff that does not arise out of the same transaction amicable settlement of the dispute and to enter into
or occurrence, provided that the amount and nature thereof stipulations or admissions of facts and of documentary
are within the coverage of this Rule and the prescribed exhibits.
docket and other legal fees are paid.
Any amount pleaded in a counterclaim in excess of One Sec. 18. Appearance of Attorneys Not Allowed. - No
Million Pesos (P1,000,000.00), excluding interests and attorney shall appear on behalf of or represent a party at
costs, shall be deemed waived. the hearing, unless the attorney is the plaintiff or
defendant.
 Any settlement or resolution of the dispute shall be reduced
If the court determines that a party cannot properly present into writing, signed by the parties, and immediately
his/her/its claim or defense and needs assistance, the court submitted to the court for approval at the hearing (Form 9-
may, in its discretion, allow another individual who is not an SCC). The court shall render judgment based on the
attorney to assist that party upon the latter's consent. compromise agreement within twenty-four (24) hours, and
furnish copies thereof to the parties (Form 10-SCC).
Sec. 19. Non-appearance of parties. - Failure of the
plaintiff to appear shall be cause for the dismissal of the If at any time before or at the hearing, a compromise
Statement of Claim/s without prejudice. The defendant who agreement is submitted, signed by both parties, but only
appears in the absence of the plaintiff shall be entitled to one (1) or neither party appears to confirm it, the court
judgment on the counterclaim. shall issue an order directing the non appearing party /ies
to confirm the compromise agreement within three (3)
Failure of the defendant to appear shall have the same calendar days from notice thereof; otherwise, it shall be
effect as failure to file a Response under Section 14 of this deemed confirmed.
Rule. This shall not apply where one of two or more
defendants who are sued under a common cause of action If efforts at settlement fail, the court shall immediately
and have pleaded a common defense appears at the proceed to hear the case in an informal and expeditious
hearing. manner and, thereafter, render judgment within twenty-
Failure of both parties to appear shall cause the dismissal four (24) hours from termination of the hearing
with prejudice of both the Statement of Claim/s and the
counterclaim. Sec. 23. Resort to alternative videoconferencing
platform. - Should the hearing be done through
Sec. 20. Postponement When Allowed. - A request for videoconferencing, the court shall require the parties to
postponement of a hearing may be granted only upon proof participate through the use of the Court-prescribed
of the physical inability of the party to appear before the videoconferencing platform. However, if any of the
court on the scheduled date and time. A party may avail of participants communicates his or her difficulty in accessing
only one (1) postponement. or using the said videoconferencing platform, the court may
allow the use of alternative videoconferencing platforms or
Sec. 21. Duty of the Court. - At the beginning of the court instant messaging (IM) applications with video call
session, the judge shall read aloud a short statement features, provided that the following conditions are met:
explaining the nature, purpose and the rule of procedure of
small claims cases. 1. The court shall use either its official e-mail address
or cell phone number to access the alternative
Sec. 22. Hearing. - At the hearing, the judge shall first videoconferencing platform or instant messaging
exert efforts to bring the parties to an amicable settlement (IM) application;
of their dispute. Settlement discussions must be conducted
in strict confidentiality. 2. The parties shall use the e-mail address or cell
phone number they indicated in their Statement of
 Claim/s or Response, as the case may be, to access
the alternative videoconferencing platform or RULE V EFFECTIVITY
instant messaging (IM) application; and
The Rules on Expedited Procedures in the First Level
3. The court shall maintain a record and transcription Courts shall take effect on 11 April 2022 and shall
of the proceedings. prospectively apply only to cases filed from the said date of
effectivity. Those pending cases covered by these Rules,
which are currently before the second and first level courts,
shall remain with and be decided by those same courts
Sec. 24. Decision. - After the hearing, the court shall based on the rules applicable at the time those cases were
render its decision based on the facts established by the filed.
evidence, within twenty-four (24) hours from termination of
the hearing (Form11-SCC). The refund of the remaining
balance from the Sheriff's Trust Fund (STF), subject to
accounting and auditing procedures, shall be included in
the decision. SC Issues Rules on Expedited Procedures in the First
Level Courts
The decision shall immediately be entered by the Clerk of March 02, 2022
Court in the court docket for civil cases and a copy thereof
forthwith served on the parties.
The Supreme Court, during its En Banc deliberation on
The decision shall be final, executory and unappealable.
Tuesday, March 1, 2022, approved the procedural rules
expediting criminal and civil actions filed before the first
Sec. 25. Execution. - When the decision is rendered and level courts. This effectively amended the 1991 Revised
proof of receipt thereof is on record, execution shall issue Rule on Summary Procedure and 2016 Revised Rules on
(Forms 13-SCC, 13-A-SCC, or 13 B-SCC) upon ex parte Small Claims Cases.
motion of the winning party (Form 12-SCC). However, a
decision based on compromise shall not be covered by the
requirement of proof of receipt. Entitled Rules on Expedited Procedures in First Level
Courts (A.M. No. 08-8-7-SC), the same will take effect after
Sec. 26. Certification of documents. - All documents its required publication in two newspapers of general
attached to the Statement of Claim/s or Response that are circulation. The new Rules recalibrates, reconciles, and
harmonizes the coverage of the Revised Rule on Summary
required to be certified, except public or official documents,
Procedure and Small Claims cases following the enactment
shall be certified by the signature of the plaintiff or of Republic Act (RA) No. 11576, which expanded the
defendant concerned. jurisdictional amount cognizable by the first level courts to
₱2,000,000.00 for civil actions monetary claims.
Sec. 27. Non-applicability. - The rules on mediation and The Rules provide for a more efficient and expedited
judicial dispute resolution shall not apply, as the parties procedure governing both summary procedure and small
may enter into compromise at any stage of the proceedings. claims cases.
The provisions on prohibited pleadings and motions and to the appropriate Regional Trial Court (RTC) exercising
service pursuant to international conventions under jurisdiction over the territory under Rule 40 for civil cases
the 2019 Amendments to the 1997 Rules of Civil and Rules 122 for criminal cases, of the Rules of Court. The
Procedure have also been incorporated, and judgment of the RTC on the appeal shall be final, executory,
videoconferencing hearings have been authorized at any and unappealable.
stage of the proceedings. The salient features of
the Rules include:
Rule on Small Claims

Rule on Summary Procedure

The Rules increases the threshold amount of small claims
cases to
Civil cases covered by the rule on summary procedure now
consist of: 1) forcible entry and unlawful detainer cases; 2)
civil actions and complaints for damages where the claims ₱1,000,000.00 and no longer makes a distinction whether
do not exceed ₱2,000,000.00; 3) cases for enforcement the claim is filed before the first level courts within or
of barangay amicable settlement agreements and outside Metro Manila. The claim or demand may be for
arbitration award where the money claim exceeds money owed under contracts of lease, loan and other credit
₱1,000,000.00; 4) cases solely for the revival of judgment of accommodations, services, and sale of personal property.
any first level court; and 5) the civil aspect of violations The recovery of personal property is excluded, unless made
of Batas Pambansa Blg. 22 (BP 22), if no criminal action has subject of a compromise agreement between the parties.
been instituted. Provisions on the evidentiary nature of Nevertheless, the enforcement of barangay amicable
pleadings, filing and service, and pre-trial from the 2019 settlement agreements and arbitration awards where the
Amendments have likewise been adopted, unless money claim does not exceed ₱1,000,000.00 is likewise
inconsistent. covered.

With respect to criminal cases, violation of BP 22 is The Rules allows the service of summons by the plaintiff if
explicitly included, and the penalty threshold of all other returned unserved by the sheriff or proper court officer, or
criminal cases is increased to imprisonment not exceeding if it shall be served outside the judicial region of the court
one year, or a fine not exceeding where the case is pending. If the case is dismissed without
prejudice for failure to serve summons, the case may be re-
filed within one year from notice of dismissal, subject to the
₱50,000.00, or both, and a fine not exceeding ₱150,000.00 payment of a reduced filing fee of ₱2,000.00.
for offenses involving damage to property through criminal
negligence. Arraignment and pre-trial shall be scheduled
and conducted in accordance with the Revised Guidelines Notices may now be served through mobile phone calls,
for Continuous Trial of Criminal Cases. SMS, or instant messaging software applications. While
videoconferencing hearings should be conducted using the
Supreme Court-prescribed platform, the court may allow
The procedure of appeal has also been simplified. Any the use of alternative platforms or instant
judgment, final order, or final resolution may be appealed messaging applications with video call features,
under certain conditions. The 30-day period within
which to set the hearing was extended to 60 days if
one of the defendants resides or is holding business
outside the judicial region of the court. There shall
only be one hearing day, with judgment rendered within 24
hours from its termination. The Small Claims Forms have
also been updated and improved for ease of use, with
translations in Filipino. The Rules maintained that the
decision rendered by the first level courts in small claims
shall be final, executory and unappealable.

The Rules shall have a prospective application. Cases

covered by these Rules which are currently pending with
the first level and second level courts shall remain with and
be decided by those same courts, in accordance with the
applicable rules at the time of their filing. The SC Public
Information Office will immediately upload a copy of
the Rules in the Supreme Court website upon official
receipt of the same from the Office of the Clerk of Court En
Banc. ###