Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Rule 123 Procedure

in the
Municipal Trial
Courts

Rule 123
PROCEDURE IN THE MUNICIPAL TRIAL COURTS

SECTION 1. Uniform Procedure. The procedure to be observed in the Metropolitan

Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall be the
same as in the Regional Trial Courts, except where a particular provision applies only to
either of said courts and in criminal cases governed by the Revised Rule on Summary
Procedure. (1a)
Rule 123 simply says that the procedure to be observed in the MTC, MTCC and MCTC shall be the
same as in the RTC. So, all the rules that we took up applies to both courts EXCEPT:
1.) where a particular provision applies only to either of said courts; and
2.) in criminal cases governed by the Revised Rules on Summary Procedure.
In the first exception, there are certain provisions that are applicable only to the RTC. Example is
the provision on bail how to apply for bail. If you are denied bail, and you are charged with a capital
offense, there will be a hearing to determine whether the evidence of guilt is strong or not. Hindi man
yan mag-apply sa MTC ba because the crime carries the penalty of death which is exclusive only for
the RTC.
The second exception is, you do not apply the regular rules if the case is governed by the Revised
Rules on Summary Procedure. And that is what we are going to review now.
Q: What criminal cases should be tried based on the Revised Rules on Summary Rules?
A: The following:
1.) Violations of traffic laws, rules and regulations;
2.) Violations of the rental law;
3.) Violations of municipal or city ordinances; and
4.) All other criminal cases where the penalty prescribed by law for the offense charged does
not exceed six (6) months imprisonment or a fine of one thousand pesos (P1,000.00) or
both, irrespective of other imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom;
5.) however, that in offenses involving damage to property through criminal negligence, said
Rule shall govern where the imposable fine does not exceed ten thousand pesos
(P10,000.00). So, if it is above P10,000 it is still MTC but you follow the regular rules.

Q: What happens if there are 2 cases which are interrelated or the charges are interrelated for they
arose from the same incident? Like for example: One case is penalized by fine and another is penalized
by 4 years imprisonment. Once crime is covered by Summary Rules, the other is covered by the
regular rule. Can they be mixed?
A: Where there is a joint trial of two criminal cases, one under the summary rules and the other
one is under the regular rules, we follow the regular rules. Under the last paragraph of Section of the
Summary Rules, These rules shall not apply to a criminal case where the offense charged is
necessarily related to another criminal case subject to another procedure.
One of the important principles to remember here is the case of Zaldivia and Reodica on when is
the running of period of prescription for a crime deemed interrupted. The ruling in ZALDIVIA vs.
REYES (211 SCRA 277) created the impression that as a general rule, the filing of the case in the
prosecutors office is sufficient to interrupt the running of the prescriptive period except when the case
is covered by the Rules on Summary Procedure. If it is any crime, you file it in the fiscals office, the
running of the prescriptive period is interrupted. But if it is covered by the Summary Rules, the period
continues. It must be the filing of the case in court which will interrupt. That is the ruling in Zaldivia.

Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Rule 123 Procedure

in the
Municipal Trial
Courts

That impression in Zaldivia was clarified in the 1998 case of REODICA vs. CA (292 SCRA 87)
where the SC said that even if the case is covered by the Summary Rules for as long as it is a felony
under the RPC, the filing in the fiscals office is sufficient to interrupt the running of the prescriptive
period.
But according to Zaldivia, if it is covered by the Summary rules, the filing in the fiscals office will
not interrupt. But according to the SC in the case of Reodica, NO! because Zaldivia involves a violation
of municipal or city ordinance. Therefore, if it is a violation of an ordinance, the filing in the fiscals
office does not interrupt the running of the prescriptive period because the law on prescription for
crimes punishable by a special law is governed not by the RPC, but by Act 3326 which is very clear
that it is the filing in court which will interrupt the prescriptive period for crimes punishable by
special laws. Pero kapag felony, we will still apply the general rule that the filing in the fiscals office is
sufficient to interrupt even if such felony is covered by the Summary Rules.
Now, lets go to the provisions of the Summary Rules concerning criminal cases.
SEC. 11. How commenced. The filing of criminal cases falling within the scope of
this Rule shall be either by complaint or information. Provided, however, that in
Metropolitan Manila and in chartered cities, such cases shall be commenced only by
information, except when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the
complainant and of his witnesses in such number of copies as there are accused plus
two (2) copies for the courts files. If this requirement is not complied with within five (5)
days from date of filing, the cases may be dismissed.
Q: How is a case covered by the Summary Rules commenced?
A: Affidavit is included, affidavit of complainant, his witnesses shall be included and then the
court may dismiss the case outright under Section 12 [a] and [b], otherwise if there is a case, the
accused will be sent a copy of the affidavit and then he is given 10 days to submit also his own
affidavit.
Then there will be an arraignment under Section 13; Preliminary conference under Section 14.
And Section 15 is important during the trial, there is NO DIRECT EXAMINATION. The affidavit
already serves as your direct testimony. So puro cross-examination na lang. Diretso! So, it is shortened
no? Rather than asking the witness one by one to tell the story in the affidavit, yang affidavit na
mismo. That will serve as the direct testimony. Iko-cross-examine na lang.
But there is an important rule here a witness who has not submitted any affidavit cannot testify.
So in order to qualify as a witness, you must have submitted an affidavit beforehand. The EXCEPTION
is the 2nd paragraph of Section 15 except when the witness is a rebuttal witness or a surrebuttal
witness. This is because how can you submit a rebuttal affidavit ahead? You do not even know what to
rebut. ANOTHER EXCEPTION is cited by the SC in the case of
BALAYON, JR. vs. OCAMPO
218 SCRA 13
NOTE: Normally, in physical injuries cases, the medical doctor is required to testify.
FACTS: In this case, the doctor was subpoenaed to testify and the defense objected
because they said that the doctor has no affidavit and under the rules, no person may
testify without submitting an affidavit.
HELD: When the doctor is called upon to testify based on the medical certificate, the
rule as to the prior submission of affidavit does not apply. This also applies to the Register
of Deeds or the Provincial Assessors in connection with official documents issued by their
office.

Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Rule 123 Procedure

in the
Municipal Trial
Courts

Now, if you have a surprise witness and you want to introduce him because his testimony is very
important, the remedy is to file a motion to present additional evidence. The last paragraph of Section
15 gives you the authority to manifest during the preliminary conference that you are presenting other
witnesses, and you are now submitting their affidavits in order that you will not be barred from
presenting them.
SEC. 16. Arrest of accused. The court shall not order the arrest of the accused except
for failure to appear whenever required. Release of the person arrested shall either be on
bail or on recognizance by responsible citizen acceptable to the court.
Section 16 is also important. As a rule, there is no warrant of arrest if you are tried under the
Summary Rules. You are just notified about the case. However, if you are notified about the case and
you will not appear, that is the time when you will be arrested because of except for failure to appear
whenever required in which case you must post bail if you are under arrest or on recognizance by a
responsible citizen acceptable to the court. This is one of the cases where recognizance is allowed. But
for as long as you appear in court, there is no warrant to be issued.
Q: Now, what are the PROHIBITED documents, motions, or pleadings under the Summary Rules?
A: The following (Under Section 19):
1.) Motion to quash except when your ground is
a.) lack of jurisdiction over the subject matter; or
b.) failure to comply with the Barangay Conciliation;
2.) Motion for bill of particulars;
3.) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; your
remedy here is appeal;
4.) Petition for relief from judgment;
5.) Motion for extension of time to file an affidavit;
6.) Memoranda;
7.) Petition for certiorari, mandamus, or prohibition against any interlocutory orders issued
by the court;
8.) Motion to declare the defendant in default;
9.) Dilatory motions postponements;
10.) Reply;
11.) Third-party complaints;
12.) Interventions;
So that will be all on Summary Procedure.

editor-in-chief: mortmort editors: jayceebelle balite j-j torres michael peloton maying dadula
jessamyn agustin lyle santos paul ryan ongkingco dynn gutierrez maya quitain riezl locsin
patrick tabar maritess gonzales maricel culpable kenneth leyva jenny namoc ferdinand vido
melissa suarez rayda sullano rucel cayetano rod quiachon hannah examen myra montecalvo
genie salvaa grace salesa leo gillesania gemma betonio jenny aquiatan michael pito karen
de leon elma tormon judee uy pao angeles jet pascua contributing editors: babang baldoza
marlo masangkay