RULES ON SUMMARY PROCEDURE

SUMMARY PROCEDURE IN CIVIL CASES

The Court should not dismiss the complaint or counterclaim if they are not verified. The
requirement is merely a formal one, and not jurisdictional. It should therefore simply direct the
party concerned to have it verified.

PROHIBITED PLEADINGS/MOTIONS UNDER THE RULE ON SUMMARY PROCEDURE.

1. 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 prior
barangay conciliation (referral to the Lupon)
2. Motion for a bill of particulars
3. Motion for a new trial or for reconsideration of a judgment or for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits, or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court
8. Motion to declare defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third party complaints
12. Interventions

The filing of a prohibited pleading will not suspend the period to file an answer or to appeal.
Although a motion to dismiss is a prohibited pleading, its filing after the answer had already
been submitted does not constitute a pleading prohibited by the summary rules. What the rules
proscribe is a motion to dismiss that would stop the running of the period to file an answer and
cause undue delay.

While a motion to declare the defendant in default is prohibited by the rules on summary
procedure, the plaintiff may nevertheless file a motion to render judgment as may be warranted
when the defendant fails to file an answer.

The issuance of the pre-trial order is an important part of the summary procedure because it is
its receipt by the parties that begins the ten-day period to submit the affidavits and other
evidence.

TRIAL PROCEDURE IN CIVIL CASES

No trial date is set. No testimonial evidence is required nor cross-examination of witnesses

allowed. All that is required is that within (10) days from receipt by the parties of the court’s
pre-trial order, they shall submit (1) the affidavits of their witnesses (2) and other evidence on
the factual issues set forth in the pre-trial order, Together with their position papers setting
forth the law and the facts relied upon by them.

Judgments of inferior courts in cases governed by summary procedure are appealable to the
RTC.

The decision of the RTC in civil cases under this rule, including ejectment cases, is
IMMEDIATELY executory.

KATARUNGANG PAMBARANGAY LAW

(Title One, Book III, RA 7160)

No complaint, petition, action, or proceeding involving any matter within the authority of the
lupon shall be filed or instituted directly in court or any other government office for adjudication
UNLESS

1. there has been a confrontation between the parties before the lupon chairman or
pangkat, AND
2. that no conciliation or settlement has been reached OR unless the settlement has been
repudiated by the parties thereto.

CASES NOT COVERED BY THE KATARUNGANG PAMBARANGAY LAW:

1. Where one party is the government or any subdivision or instrumentality thereof;

2. Where one party is a public officer or employee, and the dispute relates to the
performance of his official functions;
3. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5,000.00;
4. Offenses where there is no private offended party;
5. Where the dispute involves real properties located in different cities or municipalities
UNLESS the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon;
6. Disputes involving parties who actually reside in barangays of different cities or
municipalities, EXCEPT where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
lupon;
7. Such other classes of disputes which the President may determine in the interest of
justice.

However, the court may, at any time before trial, motu proprio refer the case to the lupon
concerned for amicable settlement, non criminal cases not falling within the authority of the
latter.
While the dispute is under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted upon filing of the
complaint with the punong barangay.

THE PARTIES MAY GO DIRECTLY TO COURT IN THE FOLLOWING INSTANCES:

1. Where the accused is under detention;
2. Where the person has otherwise been deprived of personal liberty calling for habeas
corpus proceeding;
3. Where the actions are coupled with provisional remedies such as preliminary injunction,
attachment, delivery of personal property, and support pendente lite; and
4. Where the action may otherwise be barred by the statute of limitations.

The parties may, at any stage of the proceedings, agree in writing to have the matter in dispute
decided by arbitration by either the Punong Barangay or Pangkat. In such case, arbitrational
hearings shall follow order of adjudicative trials.

The settlement and arbitration agreement may be repudiated on the ground that consent is
vitiated by fraud, violence, or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint in court or any government office for
adjudication.

RULES ON VENUE UNDER THE KATARUNGANG PAMBARANGAY LAW

1. Disputes between residents of the same barangay shall be brought for settlement before
lupon of said barangay
2. Residents of different barangays within the same city or municipality – in the barangay
where the respondent or any of the respondents reside at the election of the
complainant
3. Disputes involving real property or any interest therein- where real property or larger
portion thereof is situated
4. Disputes arising at the WORKPLACE where the contending parties are employed or at
the INSTITUTION where such parties are enrolled for study – in the barangay where
such workplace or institution located.

CHART ON KATARUNGANG PAMBARANGAY, SEE PAGE 22.