SUMMARY PROCEDURES

SUMMARY PROCEDURES1
Alfredo F. Tadiar

I. CONCEPT OF SUMMARY PROCEDURES

In essence, all rules on summary procedures provide for abbreviated

periods within which to do certain acts, such as:

1) filing of required pleadings/papers,2 and

2) rendition of judgment.3

The reason for such shortened periods is that the issue or issues to be
resolved summarily are simple and not complex. Thus, in seeking to enforce
an arbitration agreement in a contract, the only issue is whether the parties
had entered into that agreement knowingly, intelligently and voluntarily.4

II. NATURE AND PURPOSE

Summary procedure is in accord with the Constitutional mandate for

the Supreme Court to promulgate rules that will provide a simplified and
inexpensive procedures for the speedy disposition of cases.5

The original Rule on Summary Procedures for Summary Procedures

in Special Cases was promulgated on August 1, 1983. This was pursuant to
BP. 129, otherwise known as the Judiciary Reorganization Act of 1980. Said
statutory provision authorizes the promulgation of special rules to achieve an

1
This is intended to be a generic title and, although it includes the Revised Rules on
Summary Procedure, which applies only to First Level Courts, it is not confined to that subject
alone. Thus, summary proceedings in arbitration under the Special Rules of Court on ADR,
which are within the jurisdiction of Regional Trial Courts, are included herein.
2
REVISED RULE ON SUMMARY PROCEDURES, Sec. 5 for instance, requires an answer to be filed
within ten (10) days from service of summons. Cf, RULES OF COURT, Rule 11, Sec. 1 that
answer must be filed within fifteen (15) days.
3
Sec. 17, supra, as another instance, requires that judgment be promulgated not later than
thirty (30) days after termination of trial. Contrast with Rule 36 which does not provide time
for rendition of judgment in regular trial but is restricted to the Constitutional limit set in
Section 15 (1), Article VIII, that cases must be decided or resolved within three (3) months
from submission.
Summary proceedings are common in Arbitration proceedings. Thus, a petition to
enforce an arbitration agreement is required by Rep. Act No. 876, Sec. 6, the general
Arbitration Law, to be decided within ten days after such motions, petitions or applications
have been heard by it.
4
KIV is the acronym to denote the essential elements of consent. Thus, the issue to be
resolved is narrowed down to what is alleged by a party as having vitiated his consent to the
arbitration agreement, namely, fraud, deceit, mistake, minority, or violence, intimidation or
undue influence.
5
1987 CONSTITUTION, Art. VIII, Sec. 5 (5).

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expeditious and inexpensive determination (of cases) without regard to

technical rules.6

After more than seven years in operation, on November 15, 1991,7 the
Revised Rule on Summary Procedures promulgated by the Supreme Court
became effective.

On October 1, 2008, the Rule of Procedure for Small Claims Cases

was promulgated also with the same objective of expediting the resolution of
disputes in the shortest time possible.

III. THE REVISED RULE ON SUMMARY PROCEDURES

A. Features

1. To Accomplish its Laudable Objective, the Rule Prohibits

the Filing of Certain Motions and Pleadings8

The plain purpose of this prohibition is for the court not to

get entangled in procedural matters that will prevent it from
going into the merits of the controversy itself. Such wastage of
judicial time delays resolution of the dispute and makes it more
expensive for the parties, contrary to the constitutional mandate
of rules that provide a simplified, inexpensive, and speedy
determination of every action.9

6
Batas Pambansa Blg. 129, Sec. 36.
7
REVISED RULE ON SUMMARY PROCEDURES, Sec. 23. Effectivity.
8
Sec. 19. Prohibited pleadings and motions. The following pleadings, motions, or petitions
shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information except
on the ground of lack of jurisdiction over the subject matter or failure to comply with
the preceding section (failure to undergo conciliation under the KB Law);
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment or for re-opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus or prohibition against any interlocutory order
issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
9
See also REVISED RULES OF COURT, Rule 1, Sec. 6.

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2. The Judge is Empowered to Dismiss the Case Outright on

Any of the Grounds Apparent therefrom for the Dismissal
of a Civil Action10

This is intended to make the judges in summary

proceedings more active than passive as they usually are in
normal judicial proceedings.

In a case handled by the author as defense counsel, he

filed a Motion to Assist the Court Perform its Duty to
Determine that the Case should be Dismissed Outright.
He argued from three premises:

1) a judge is much too busy to personally look for a

ground to dismiss the case;

2) if the case is dismissed on the judges own initiative,

the suspicion cannot be escaped that he was biased
in favor of the defendant and this may lead to a
motion to inhibit the judge or an administrative
disciplinary action against the judge; and

3) it is the burden of defense counsel to point out, as he

is doing by said motion, the grounds for dismissing
the case outright.

The motion was accepted and the case dismissed.

The lesson that may be learned from this is for judges to

take an attitude of liberality in accepting such innovative
interventions of lawyers to attain the objective of summary
procedures.

3. Submission of Affidavits in Lieu of Direct Testimony of

Witnesses11

This procedure was patterned after the presentation of

evidence in arbitration processes. By adopting it, much time
spent for the presentation of a witness on direct examination is
dispensed with. This requirement is modeled from a specific rule
in construction arbitration proceedings.12

10
REVISED RULE ON SUMMARY PROCEDURES, Secs. 4 and 12.
11
Id., Sec. 20
12
CIAC REVISED RULES ON ARBITRATION, Rule 13.6. Affidavit in lieu of direct testimony.

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4. Cross-Examination is Made on the Basis of Such Affidavits

on the Day of Trial13

Generally, manifestations of counsel, additional direct

examination questions, or modifications in the affidavits that are
sought to be made by counsel, should be denied. Counsel
should be directed to proceed with the cross-examination as the
parties have been forewarned.

Despite being sworn to before a notary public or any

other official, the judge usually requires affiant-witnesses to
affirm the veracity of their affidavit and that they voluntarily
executed and understood the same.

5. Submission of Position Papers, Together with the Affidavits

This is in lieu of a memorandum of arguments that is

usually submitted at the end of the trial. Memoranda are now
prohibited from being filed by any party.14 In arbitration
proceedings, what is required to be submitted at the conclusion
of a trial is Claimants (or Respondents) Draft Decision.

The advantage of requiring parties to submit draft

decisions in their own favor is that they are being asked to take
the role of a neutral judge and, therefore, must address the
arguments of the opposing side. A position paper simply loads
everything favorable to the side presenting that position.

Another effective technique is to require parties to argue

on each issue that have been formulated for resolution. Such
formulation of issues is contained in the Terms of Reference
(TOR) for arbitration and in the Pre-Trial Order in judicial
proceedings.

6. No Extension of Periods15

In Gachon v. Guevara,16 the Supreme Court held that

the period for filing pleadings in cases covered by the Rule on
Summary Procedure shall be non-extendible.

13
REVISED RULES ON SUMMARY PROCEDURE, Sec. 15.
14
Id., Sec. 19 (f).
15
Id., Dilatory motions for postponement are disallowed under, Sec. 10, par. (i).
16
G.R. No. 116695, June 20, 1997, 274 SCRA 540.

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7. Limited Amount of Award for Attorneys Fees.17

B. Applicability - Not Applicable to RTC in Appealed Cases

This Rule shall govern the summary procedures in all First Level
Courts only.18 Thus, on appeal from an adverse judgment in an
unlawful detainer case under summary procedures, the RTC is not
bound to observe the same rule on summary procedures.19
Accordingly, the RTC may validly take cognizance of a motion for
reconsideration of its decision rendered in the exercise of its appellate
jurisdiction over decisions of the first level courts in ejectment cases.20

C. Coverage/Scope21

I. Civil Cases

1. All cases of forcible entry and unlawful detainer, irrespective of

the amount of damages or unpaid rentals sought to be
recovered.

2. All other cases, except probate proceedings,22 where the total

amount of the plaintiff's claim does not exceed one hundred

17
REVISED RULES ON SUMMARY PROCEDURE, Sec. 1, A (1), limits the amount of attorneys fees
to be awarded in forcible entry and unlawful detainer cases to P20,000.00.
18
Id., Sec. 1.
19
Jakihaca v. Aquino, G.R. No. 83982, January 12, 1990, 181 SCRA 67. This is a case for
unlawful detainer under summary procedure, where judgment was rendered in favor of the
plaintiff-owner. Defendants-lessees were accordingly directed to surrender possession and
to remove their house built thereon.
RTC, on appeal, dismissed the case on the ground that the MTC acted without
jurisdiction as there is no showing that the demand to vacate was made within the 1 year
required. Landowner Jarihaca moved to reconsider. This was denied by RTC two months
later.
Landowner filed a petition to review RTC decision. Respondent contends that the
petition was filed out of time since it was filed beyond the 15-day reglementary period from
receipt of decision. Respondents computation did not consider the period within which the
Landowners motion for reconsideration was pending since a motion for reconsideration is a
prohibited pleading in summary procedure.
The Supreme Court held that the prohibition against reconsideration is only
applicable to proceedings in the MTC and not in the RTC where it was filed. In the latter
court, there is no prohibition against a reconsideration being sought and the regular
procedure is followed.
20
Refugia, et al., v. CA, et al., G.R. No. 118284, July 5, 1996, 258 SCRA 347.
21
REVISED RULE ON SUMMARY PROCEDURES, Sec. 1.

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thousand pesos (P100,000.00) or two hundred thousand pesos

(P200,000.00) in Metropolitan Manila23, exclusive of interest and
costs.

II. Criminal Cases

1. Violations traffic laws, rules and regulations;

2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks
Law);24
5. All other criminal case where the penalty prescribed by law for
the offense charge is imprisonment not exceeding six months or
a fine not exceeding one thousand pesos (P1,000.00), or both,
irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising from the offense,
provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten thousand pesos
(P10,000.00).

D. Jurisprudence

1. Summary rules of procedures is mandatory in ejectment25 cases

and, therefore, the period for filing pleadings in cases covered
by the rule on summary procedures shall be non-extendible.26

2. Thus, Defendant is required to file his answer within ten (10)

days from service of summons and serve a copy thereof on the
plaintiff.27 Affirmative and negative defenses not pleaded
therein shall be deemed waived except lack of jurisdiction over

22
B.P. Blg. 129, Sec. 33, The Judiciary Reorganization Act of 1980, grants exclusive original
jurisdiction to first level courts over probate proceedings where the value of the estate does
not exceed P 100,000.00 or P 200,000.00 in Metro Manila.
23
A.M. No. 02-11-09-SC which took effect on November 25, 2002.
24
A.M. No. 00-11-01-SC which took effect on April 15, 2003.
25
Ejectment (accion intertictal) is a generic term that covers both forcible entry (detentacion)
and unlawful detainer cases (desahucio).
26
Gachon v. Guevara, supra note 16.
27
RULE ON SUMMARY PROCEDURES, Sec. 6.

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the subject matter. Cross claims and compulsory counterclaims

not asserted in the answer shall be considered barred.

3. The answer to counterclaims or cross-claims shall be served

and filed within ten (10) days from service of the answer in
which they are pleaded.28

4. In Gachon, the Supreme Court excluded the answer of

Defendant that was filed five (5) days late.

5. A speedy resolution of unlawful detainer cases is a matter of

public policy.29

6. Immediate execution of judgment rendered against defendant,

unless sufficient supersedeas bond was filed by him and
approved by MTC executed in favor of the plaintiff to pay rents,
damages and costs accruing down to the time of judgment
appealed from.30

7. The time for deposit of rentals cannot be extended by the

Regional Trial Court nor can it excuse a default in such
payments in the absence of fraud, accident, mistake or
excusable negligence (FAME) and neither can it modify the
amount thereof.31

IV. THE RULE OF PROCEDURES FOR SMALL CLAIMS CASES32

A. Features

1. Greatly broadens access to judicial justice

This rule is considered by the author as the most significant

issuance of the Supreme Court in terms of broadening access to
judicial justice by those who would not otherwise resort to litigation
to pursue their small claims because it may not be worth the
expenditure of costs and time involved.

28
Id.
29
BPI v. Generoso, A.M. No. MTJ-94-907, October 25, 1995, 249 SCRA 477.
30
REVISED RULES OF COURT, Rule 70, Sec. 19.
31
Lopez, Inc. v. Phil. & Eastern Trading Co., Inc., 98 Phil. 348 (1956).
32
A.M. No. 08-8-7-SC, Sec. 26 Effectivity - This Rule shall take effect on October 1, 2008,
for the pilot courts designated to apply the procedure for small claims cases following its
publication in two newspapers of general circulation (Philippine Daily Inquirer, September 18,
2008).
The amendments to this Rule took effect on November 3, 2009 (SC En Banc Resolution,
dated October 27, 2009, A.M. No. 08-8-7-SC).

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2. Started as pilot project in selected first level courts

This was started as a pilot project for selected first level

courts.

3. Subsequently expanded nationwide.

The nationwide application of the Rule took effect on March

18, 2010 (OCA Circular NO. 35-1010, dated March 3, 2010).

4. Bilingual instructions in English and Filipino

5. Detailed instructions for both plaintiff and defendant provided

6. Model forms provided for ready use of parties and court

On February 16, 2010, the Supreme Court issued AM No.

08-8-7-SC containing a detailed simplified bilingual (English and
Filipino) INFORMATION FOR THE PLAINTIFF and another
INFORMATION FOR THE DEFENDANT. These contain step-by-
step instructions for each party to follow in chronological sequence
and information on what to expect at each stage.

7. The plaintiff is instructed:

YOU CANNOT HAVE A LAWYER AT THE

HEARING. You may consult a lawyer before or after the
hearing but the lawyer cannot appear for or with you at
the hearing.33

8. Defendant is instructed:

You may consult a lawyer BUT YOU CANNOT

HAVE A LAWYER WITH YOU AT THE HEARING.34

33
Instruction to the plaintiff no. 10.
34
Instruction to the defendant no. 6.

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9. Said circular also contains Administrative Guidelines for (a)

Judges and (b) Executive Judges, Clerks of Courts in multi-sala
stations and Branch Clerks of Courts. It contains detailed step-by-
step directions on what each of these officials are expected to do.

10. Parties are required to use prepared forms35

Plaintiff to use:

1) FORM 1-SCC Verified Statement of Claim

2) FORM 1-A SCC Certification on Non-Forum
Shopping
3) FORM 5-SCC Special Power of Attorney
4) FORM 6-SCC Motion to Plead as Indigent
5) FORM 10-SCC Motion for another judge
6) FORM 8-SCC Joint Motion to Dismiss
7) FORM 6-SCC Motion to Plead as Indigent
8) FORM 7-SCC Motion for Approval of Compromise
Agreement
9) FORM 9-SCC Motion for Execution

Defendant to use:

1) FORM 3-SCC Verified Response

2) FORM 5-SCC Special Power of Attorney
3) FORM 6-SCC Motion to Plead as Indigent
4) FORM 10-SCC Motion for another judge
5) FORM 8-SCC Joint Motion to Dismiss
6) FORM 7-SCC Motion for Approval of Compromise
Agreement
7) FORM 9-SCC Motion for Execution

11. The judge or clerk of court is also required to use prepared

forms.

1) FORM 2-SCC Summons

2) FORM 4-SCC Notice of Hearing
3) FORM 6A-SCC Opening Statement by Judge
4) FORM 11-SCC Order to Re-Raffle to Another Judge
5) FORM 12-SCC Decision based on Compromise
Agreement
6) FORM 13-SCC - DECISION
35
The author put to a test the mandatory character of the use of prescribed forms.

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12. The plaintiff must include all evidence that is intended to be

presented in the case and no other evidence will be allowed without
good cause.36 The same holds true for the defendant.37

13. The defendant shall file with the Court and serve on the
Plaintiff a Response within TEN (10) DAYS from service of
summons.38

14. However, no default order shall be issued against a defendant

for failure to file a timely answer. Said defendant is still allowed to
appear at the scheduled hearing to offer a defense, negotiate a
settlement and, with good cause, be allowed to present evidence
on his defense.39

B. APPLICABILITY

First level courts shall apply this Rule in all the following actions:40

(1) purely civil actions where the claim of the plaintiff is solely for
payment of a sum of money not exceeding P100,000.00, exclusive
of interest and costs; But claims exceeding said amount may be
allowed as small claims, provided the plaintiff waives right to the
excess amount;41

(2) civil aspect of criminal actions with the same maximum limit. But
this may only be eligible if filed before the initiation of the criminal
action or reserved when the criminal action was filed.42

(3) Such claims or demands may be:

(a) For money owed under any of the following:

Contracts of Lease, Loan, Services, Sale, or Mortgage.

(b) For damages arising from any of the following:

Fault or negligence; Quasi-Contract; or Breach of Contract.
36
AMENDED RULE OF PROCEDURE FOR SMALL CLAIMS CASES, Sec. 5.
37
Id., Sec. 11.
38
Id.
39
Id., Sec. 12.
40
RULE OF PROCEDURE FOR SMALL CLAIMS, Sec. 4.
41
Administrative Guidelines, Sec. A (1.2).
42
AMENDED RULE OF PROCEDURE FOR SMALL CLAIMS, Sec, 2.

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(c) The enforcement of a barangay amicable settlement or an

arbitration award involving a money claim covered by this
Rule, pursuant to Sec. 417 of Republic Act No. 7160 (Local
Government Code of 1991).43

(4) Claims that include non-monetary relief, such as eviction, are not
eligible44 to avail of the small claims procedures.

(5) A defendant may file a counterclaim provided that:

a. the amount does not exceed P100,000.00;

b. it does not require joinder of third parties; and
c. it is not the subject of another action.45

(6) If the counterclaim is not compulsory, i.e., does not arise from the
same transaction or event as plaintiffs claim, defendant must pay
docket and other legal fees.46

(7) It is significant to note that the enforcement of a barangay

compromise agreement or arbitration award is not limited to
P100,000.00, since the KB Law subjects all disputes.47
irrespective of the amount involved. The authority of the Lupon is
limited only in criminal cases where the offense is punishable by
imprisonment not exceeding 1 year or a fine not exceeding
P5,000.00, but there is no limit set for civil cases.

(8) The enforcement of barangay settlements by action in court may

be resorted to only after the lapse of six months from date of
settlement.48

43
Said Sec. 17 provides that execution of the settlement or arbitration award may be made
by the lupon within six (6) months from date of settlement and thereafter, by action in the
proper city or municipal court.
44
AMENDED RULE OF PROCEDURE FOR SMALL CLAIMS, Sec. 4.
45
Id., Sec. 13.
46
Id.
47
Rep. Act. No. 7160, Local Government Code, Chapter 7, Sec. 408.
48
Id., Sec. 417.

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V. OTHER CASES OF SUMMARY PROCEDURES

A. Settlement of Estates

Section 2, Rule 74 of the Rules of Court authorizes the

Summary settlement of estates of small value, whether the decedent
died testate or intestate, where the gross value of the estate does not
exceed ten thousand pesos (P10,000.00).

This provision has not been amended since its promulgation in

1964. Under footnote 23, above, the opinion of the author was given
that the increase in amount of what is classified as small claims to
P100,000.00 under the Rule of Procedures for Small Claims Cases
promulgated on October 1, 2008, may have been authorized by
implied amendment from the smaller sum of P10,000.00 that was
made in 1991 for the Revised Rule on Summary Procedures. Between
1991 to 2008, almost 17 years have elapsed. Between 1964 to 2008,
44 years have elapsed. A fortiori, the inferential amendment may
likewise be made.

Nonetheless, it should be mentioned that the Rules on Special

Proceedings are now undergoing revision under a sub-committee
headed by SC Associate Justice Antonio Eduardo Nachura. The
proposal for amendment has not yet been submitted to the Supreme
Court but an advance copy thereof commendably contains annotations
that were made for each amendment.

B. Arbitration Proceedings

SPECIAL RULES OF COURT ON ADR49

The following proceedings are declared summary in nature:

a. Judicial relief involving issue of existence, validity, or

enforceability of the arbitration agreement;
b. Referral to ADR;
c. Interim measures of protection;
d. Appointment of arbitrator;
e. Challenge of arbitrators appointment;
f. Termination of arbitrators mandate;
g. Assistance in taking evidence;
h. Confidentiality/Protective Orders; and

49
Cross reference to ADR by same author, where the Table of Contents of the Special ADR
Rules of Court may be found.

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i. Deposit and Enforcement of mediated settlement

agreements.50

A. Features

To ensure that the abbreviated periods given in summary

procedures are followed, as stated at the outset of this paper,
the following provisions have been adopted:

1. No summons is necessary. Court acquires authority to act

on the petition or motion upon proof of service of the
petition or notice of hearing of the motion.51

2. Only personal service or service by courier is allowed.52

Proof of service shall be attached to the petition filed in
court.

3. Thus, no service by registered mail is allowed.

4. As with other summary proceedings, certain pleadings,

motions, or petitions shall not be allowed.53

5. To further show its mandatory character, it is directed that

said prohibited papers shall not be accepted by the Clerk of
Court.54

6. It is further directed that the hearing shall be conducted in

one (1) day and only for purposes of clarifying facts.55

50
SPECIAL RULES OF COURT ON ADR. Rule 1.3.
51
Id., Rule 1.9.
52
Id., Rule 1.3 (A).
53
Id., Rule 1.6 enumerates the disallowed pleadings, as follows:
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for new trial or for re-opening of trial;
d. Petition for relief from judgment;
e. Motion for extension, except in cases where an ex parte temporary order of
protection has been issued;
f. Rejoinder to reply;
g. Motion to declare a party in default; and
h. Any other pleading specifically disallowed under any provision of the Special
Rules on ADR.
54
Id.
55
Id., Rule 1.3 C.

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7. Said hearing shall be conducted by the Court within five (5)

days from the lapse of the period for filing the opposition or
comment.56

8. The Court shall resolve the matter within thirty (30) days
from the day of the hearing. 57

B. Specific Summary ADR Proceedings

a. Judicial Relief as to Arbitration Agreement58

1. The specific issues involved on this matter are:

i. whether the arbitration agreement relied upon by a

party is in existence; and

ii. if so, whether it is valid and enforceable.

2. Any of the foregoing issues may be raised by petition

in court by an interested party, either before
arbitration commences or thereafter, for a judicial
determination of said issues.59

Before Arbitration Commences

3. Venue. The party raising any of the foregoing issues

may file a petition before a Regional Trial Court where
any of the parties has his principal place of
business.60

4. Grounds. The grounds raised may be on the existence

of the agreement itself, or that, if it exists, it is void,
invalid or unenforceable under the applicable law.61

56
Id.
57
Id., Rule 1.3 (D).
58
Id., Rule 3.
59
Id., Rule 3.1.
60
Id., Rule 3.4.
61
Id., Rule 3.5.

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5. Comment/Opposition. The other party may file

comment/opposition to said petition within fifteen (15)
days from service thereof.62

6. No reconsideration, appeal, or certiorari. The courts

prima facie determination upholding the agreement
shall not be subject to a motion for reconsideration,
appeal, or certiorari.63

7.Court decision not conclusive. The losing party may,

however, renew the challenge before the arbitral
tribunal once it is constituted.64

8. Further challenge on jurisdiction. The losing party may

still further renew the challenge if he loses in the
award by raising the same issue in a petition to
vacate or set aside the award in favor of the adverse
party.65

After Arbitration Has Commenced

9. Issues on arbitration agreement for Tribunal. The

interested party may raise the issues relating to the
arbitration agreement as a preliminary question to the
arbitral tribunal.

10. Deferral of resolution. The arbitral tribunal may defer

ruling on said preliminary question until it renders its
award. In this situation, the aggrieved party may not
move to reconsider the same or seek judicial relief
from said deferral by way of appeal or certiorari.66

11. Tribunal decision to RTC. The resolution of the

arbitral tribunal upholding or declining its jurisdiction

62
Id., Rule 3.7.
63
Id., Rule 3.11.
64
Id.
65
Id.
66
Id., Rule 3.20.

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may be challenged by petition to the Regional Trial

Court within thirty (30) days from notice thereof.67

12. Tribunal as nominal party. The arbitral tribunal shall

be included as a nominal party respondent but shall
not be required to make any submissions relating to
its decision.68

13. Comment/Opposition. The opposing party may file

opposition/comment within fifteen (15) days from
service of the petition.69

14. Court upholds tribunal jurisdiction. If the court, within

thirty (30) days after submission,70 reverses the ruling
of the arbitral tribunal declining its jurisdiction, the
parties shall be free to replace the arbitrators or any
one of them in accordance with the rules that were
applicable for the appointment of the arbitrator sought
to be replaced.71

15. No injunction. The court shall not, during the

pendency of the court proceedings, issue any
injunctive order against the arbitral tribunal, which
may accordingly continue its arbitration proceedings
until it renders an award.72

16. No appeal or certiorari. The decision of the court

affirming the arbitration agreement and upholding the
jurisdiction of the arbitral tribunal, although subject to
reconsideration,73 may not be subject to appeal or a
petition for certiorari.74

67
Id., Rule 3.13.
68
Id., Rule 3.22.
69
Id., Rule 3.17.
70
Id., Rule 3.18.
71
Id., Rule 3.12.
72
Id., Rule 3.18 (B).
73
Id., Rule 3.19.
74
Id.

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17. Certiorari allowed. However, the ruling of the court

that the arbitral tribunal has no jurisdiction, may be
the subject of a petition for certiorari.75

b. Referral to ADR

1. Enforcement of arbitration agreement. A defendant or

respondent who is sued in court by a plaintiff or
petitioner, who filed the action in violation of the
arbitration agreement, may file a motion in court, not
later than the pre-trial,76 to refer the parties to
arbitration in accordance with their agreement.77

2. Notice of hearing. Said motion shall contain a notice

of hearing,78 which shall be set on a date and time
subsequent to the period allowed to file
comment/opposition thereto.

3. Comment/Opposition, Comment/opposition shall be

filed within fifteen (15) days from service of the
motion.79

4. Subject of arbitration agreement not proper for

arbitration. In addition to questioning the existence of
the agreement, its validity or enforceability, oppositor
may further raise the issue that its subject-matter is
not capable of resolution by ADR in accordance with
Section 6 of the ADR Act.80

5. No reconsideration, appeal or certiorari. 81 An order

referring the dispute to arbitration shall be
immediately executory and shall not be subject to
reconsideration, appeal, or petition for certiorari.

75
Id.
76
Id., Rule 4.2.
77
Id., Rule 4.1.
78
Id., Rule 4.3.
79
Id., Rule 4.4.
80
Exempted from the ADR Act are: (a) labor disputes; (b) civil status of persons; (c) validity of
marriage; (d) grounds for legal separation; (e) jurisdiction of courts; (f) future legitime; (g)
criminal liability; and (h) those which by law cannot be compromised.
81
Id., Rule 4.6.

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SUMMARY PROCEDURES

6. Reconsideration or certiorari, but no appeal. An

order denying referral to arbitration may be subject to
reconsideration and/or certiorari but shall not be
subject to appeal.82

7. No ground for declining referral.83 The court shall not

decline to refer some or all of the parties to arbitration
for any of the following reasons:

a. Not all of the disputes subject of the civil action

may be referred to arbitration;

b. Not all of the parties to the civil action are bound

by the arbitration agreement and referral to
arbitration would result in multiplicity of suits;

c. The issues raised in the civil action could be

speedily and efficiently resolved in its entirety by
the court rather than arbitration;

d. Referral to arbitration does not appear to be the

most prudent action; or the stay of the action
would prejudice the rights of the parties to the civil
action who are not bound by the arbitration
agreement.

8. The court may, however, issue an order directing the

inclusion in arbitration of those who are not bound by
the arbitration agreement but who agree to such
inclusion, provided those originally bound by it do not
object to their inclusion.84

c. Interim Measures of Protection

1. Nature. This is similar to the provisional remedies in

the Rules of Court that are attached to the principal
action.85 The requirement of a principal action is not
necessary since court intervention in ADR is a special

82
Id.
83
Id., Rule 4.7.
84
Id., last paragraph.
85
RULES OF COURT, Rules 57 to 61.

G-18
SUMMARY PROCEDURES

proceeding initiated by petition and not by

complaint.86 Thus, the petition may be filed even if no
arbitration has commenced.87

2. Who may petition. A party to an arbitration agreement

may file the petition.88

3. Venue. Aside from the usual place of residence/

business, the petition may be filed where any of the
acts sought to be enjoined are being performed,
threatened to be performed, or not being
performed.89

4. Grounds. These are not exclusive, but are merely

indicative of the reasons that the court may use to
grant the relief prayed for:90

NEED of a party to:

a. prevent irreparable loss or injury;

b. provide security for the performance of any obligation;

c. produce or preserve evidence; or

d. compel any other appropriate act or omission.

5. Time to file:

a. Before arbitration is commenced;

b. After arbitration has commenced, but before

constitution of the arbitral tribunal;

86
SPECIAL RULES OF COURT ON ADR, Rule 1.2 Nature of proceedings. - All proceedings
under the Special ADR Rules are special proceedings.
87
Id., Rule 5.2.
88
Id., Rule 5.1.
89
Id., Rule 5.3.
90
Id., Rule 5.4.

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SUMMARY PROCEDURES

c. Any time during the arbitration proceedings, but

only to the extent that the tribunal has no power to
act or is unable to act effectively.91

6. Ex parte court action. Urgent need shown by

petitioner to:

a. preserve property;

b. prevent respondent from disposing or concealing

property; and that

c. prior notice will make the grant of relief prayed for

illusory.92

7. Temporary Protective Order. The court may issue this

order after determining the existence and urgency of
the above needs. Said Order is immediately
executory, but good only for twenty (20) days after a
bond has been posted by petitioner to answer for any
damage that respondent may suffer by reason
thereof.93

8. Respondent may file a counterbond to lift said

Protective Order in such amount as may be
determined by the court.94

9. Comment/Opposition. May be filed within fifteen (15)

days from service of petition.95

10. Hearing. The court may set the petition for hearing
only if there is a need for clarification or further
argument.96

91
Id., Rule 5.2.
92
Id., Rule 5.7.
93
Id., Rule 5.9.
94
Id., Rule 5.9 (b).
95
Id., Rule 5.8.
96
Id., Rule 5.9.

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SUMMARY PROCEDURES

11. Court action. Within thirty (30) days from hearing or

after the lapse of the period to file
comment/opposition,97 the court shall resolve the
petition. If it decides to grant it, the court may issue
the following interim measures, as:

a) Preliminary injunction against respondent;

b) Preliminary attachment of property or garnishment

of funds in a bank or with a third person;

c) Appoint a receiver;

d) Detention, preservation, delivery or inspection of

property; or

e) Give assistance in the enforcement of an interim

measure of protection granted by an arbitral
tribunal when the latter cannot enforce it
effectively.98

12. To show the primacy of arbitration proceedings, it

must be noted that the arbitral tribunal may
subsequently issue an interim protective order that
may amend, modify, or even revoke the earlier order
issued by the court on this matter.99

d. Appointment of Arbitrator

1. When court may appoint arbitrator.100 It may be stated

as a general rule that recourse to the courts is
allowed only in default of what the parties had agreed
to follow in the appointment of arbitrators.

a) in ad hoc or individual arbitration where the two

arbitrators appointed by the parties have failed to
reach an agreement on the third or presiding
arbitrator.101

97
Id.
98
Id., Rule 5.6.
99
Id., Rule 5.11 (c).
100
Id., Rule 6.1.
101
Id., (a).

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SUMMARY PROCEDURES

b) In all instances of ad hoc arbitration where the

parties failed to provide a method of appointing or
replacing an arbitrator.102

c) If a party fails to appoint his arbitrator within thirty

(30) days from request to do so.103

2. Venue. Aside from the usual place of residence/

business, the petition may be filed in the National
Capital Region.104

3. Comment/Opposition. May be filed within fifteen (15)

days from service of petition.105

4. Court action. The court may require each party to

submit the names of at least three (3) arbitrators,
together with their curriculum vitae and thereafter
make the appointment prayed for or deny the
same.106

e. Challenge to Appointment of Arbitrator

1. General qualifications of arbitrator.107 Of legal age, in

full enjoyment of civil rights, able to read and write,
not related by blood or marriage to either party within
the sixth degree, no financial or fiduciary interest in
the subject of the controversy, and without personal
bias that might prejudice the right to a fair and
impartial award.

2. Disclosure. A person suffering from any such

circumstance, which may be perceived as a ground to
disqualify, must disclose the same. However, the
parties, after such disclosure, may waive the
presumptive disqualifying circumstance.108
102
Id., (b).
103
Id., (c).
104
Id., Rule 6.3.
105
Id., Rule 6.5.
106
Id., Rule 6.7.
107
Rep. Act. No. 876, [1953], Sec. 10.
108
Id., (a).

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SUMMARY PROCEDURES

3. Challenge. A party may pose the issue of

competence, independence, and neutrality against
the arbitrator nominated or appointed by the other
party.

4. Condition for judicial recourse. If the arbitrator

challenged refuses to recuse, the aggrieved party
may request the President of the Integrated Bar of the
Philippines, as the Appointing Authority, to rule on the
issue. It is only when such person fails or refuses to
act on such challenge within thirty (30) days that the
aggrieved party may renew the challenge in court.109

5. Court action. After hearing, the court shall remove

the challenged arbitrator if it finds merit in the petition;
otherwise, it shall dismiss the petition.110

The court shall allow the challenged arbitrator, who

subsequently agrees to accept the challenge, to
withdraw as arbitrator.

The court shall also remove the arbitrator in the

following cases:

a. The party who named the challenged arbitrator

agreed to withdraw his appointment;

b. The other arbitrators in the tribunal agree to the

removal of the challenged arbitrator; and

c. The challenged arbitrator fails to submit his

comment or fails to object to his removal.

6. No reconsideration, appeal or certiorari. A court order

resolving the petition shall be immediately executory and
shall not be subject to reconsideration, appeal or
certiorari.111

109
SPECIAL RULES OF COURT ON ADR, Rule 7.2.
110
Id., Rule 7.7.
111
Id., Rule 7.8.

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SUMMARY PROCEDURES

f. Termination of Mandate of Arbitrator

1. Grounds. Where an arbitrator becomes unable de jure

or de facto to perform his functions as arbitrator; or
fails to act as arbitrator without undue delay; and fails
to withdraw as arbitrator upon request of a party.112

a. Court action. After hearing, the court shall, if it

finds merit in the petition, terminate the mandate
of the challenged arbitrator and shall appoint a
substitute arbitrator according to the rules
applicable to the appointment of the arbitrator
being replaced.113

b. No reconsideration, appeal or certiorari. A court

order resolving the petition shall be immediately
executory and shall not be subject to
reconsideration, appeal, or certiorari.114

g. Assistance in Taking Evidence

1. Grounds and type of assistance. The court may

direct any person found in the Philippines to:

a) comply with a subpoena duces tecum or ad

testificandum;

b) appear as witness for taking his deposition upon

oral examination or by written interrogatories;

c) allow the physical examination of the condition of

persons, things, or premises (i.e., photographs,
video and other means of recording/
documentation;

d) allow the examination and copying of documents;

and

e) perform any similar acts.115

112
Id., Rule 8.1.
113
Id., Rules 8.6 and 8.8.
114
Id., Rule 8.7.
115
Id., Rules 9.4 & 9.5.

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SUMMARY PROCEDURES

2. Court action. If the evidence sought is not privileged

and is material and relevant, the court shall grant the
assistance in taking evidence requested and shall
order the petitioner to pay the costs attendant to such
assistance.

h. Confidentiality/Protective Orders

1. Who may request confidentiality. A party, counsel or

witness who disclosed or was compelled to disclose
information relative to the subject of ADR under
circumstances that would create a reasonable
expectation, on behalf of the source, that the
information shall be kept confindential, has the right to
prevent such information from being further disclosed
without the express written consent of the source, or
the party who made the disclosure.116

2. Venue. A petition for a protective order may be filed

with the Regional Trial Court where that order would
be implemented.117

If there is a pending court proceeding in which the

information obtained in an ADR proceeding is
required to be divulged, or is being divulged, the
party seeking to enforce the confidentiality, may
file a motion with the court to enjoin the
confidential information from being divulged or to
suppress said confidential information.118

3. Grounds. Only if it is shown by the applicant that

material prejudice would be caused by an
unauthorized disclosure of the information obtained,
or to be obtained, during an ADR proceeding.119

116
Id., Rule 10.1.
117
Id., Rule 10.3.
118
Id.
119
Id., Rule 10.4.

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SUMMARY PROCEDURES

4. Notice. If request for protective order is made by

motion, a notice of hearing must be in accordance
with Rule 15 of the Rules of Court.120

5. Comment/Opposition. Within fifteen (15) days from

service of the petition.121 But if made by motion,
within the period set by movant in the notice of
hearing not later than ten (10) days after the filing of
the motion.122

6. Court action.123 In resolving the petition/motion, the

court shall be guided by the following principles
applicable to all ADR proceedings:

Confidential information shall not be subject to

discovery and shall be inadmissible in any adversarial
proceeding, whether judicial or quasi-judicial.

However, evidence or information that is otherwise

admissible or subject to discovery, does not become
inadmissible or protected from discovery solely by
reason of its use therein.

For mediation proceedings, the court shall be further

guided by the following principles:

a. Information obtained through mediation shall

be privileged and confidential;

b. A party, mediator, or non-party participant may

refuse to disclose and may prevent any other
person from disclosing a mediation
communication;

c. In such adversarial proceeding, the following

persons involved or previously involved in
mediation, may not be compelled to disclose
confidential information obtained during the
mediation:

1. the parties to the dispute;

120
Id., Rule 10.6.
121
Id., Rule 10.7.
122
RULES OF COURT, Rule 15, Sec. 5.
123
SPECIAL RULES OF COURT ON ADR, Rule 10.8.

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SUMMARY PROCEDURES

2. the mediator/s;

3. counsel for the parties;

4. the non-party participant/s;

5. any person/s hired as secretary,

stenographer, clerk, or assistant; and

6. any other person/s who obtain or possess

confidential information by reason of
his/her/their profession.

d. The protection of the ADR laws shall continue

to apply even if a mediator is found to have
failed to act impartially;

e. A mediator may not be called to testify to

provide information gathered in mediation;

f. A mediator who is wrongfully subpoenaed shall

be reimbursed the full cost of his attorneys
fees and related expenses.

7. Relief from court action, The order enjoining the

divulging of information shall be immediately
executory and may not be enjoined while the order is
being questioned in the appellate courts.124

7.1. However, if the court declines to issue an

injunction, the aggrieved party may file a motion to
reconsider or appeal therefrom.125

8. Sanction. Proper sanction may be imposed by the

court upon a person who disobeys the court order to
cease from divulging confidential information.

124
Id., Rule 10.9.
125
Id.

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SUMMARY PROCEDURES

i. Deposit/Enforcement of Mediated Settlement

Agreements

1. Who makes deposit. Any party to a mediation that is

not court annexed may deposit with the court the
written settlement agreement resulting from said
mediation,126 with prior notice to the other party,127 or
both parties may jointly make the deposit.

2. Venue. The Regional Trial Court of the place of

business or residence of the parties, or in the National
Capital Judicial Region.128

3. Registry Book and Certificate of Deposit. The Clerk of

Court shall keep a Registry Book chronologically
listing all deposits made and shall issue a Certificate
of Deposit to the one who made the deposit.

4. Enforcement. The aggrieved party may file a verified

petition to enforce an agreement that was
breached.129

5. Opposition. The adverse party may file an opposition

within fifteen (15) days from service of the petition.130

6. Court action. The court shall resolve the petition after

a summary hearing.131

126
Id., Rule 15.1.
127
Id., Rule 15.3.
128
Id.
129
Id., Rule 15.5.
130
Id., Rule 15.7.
131
Id., Rule 15.8.

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