SC Issues Rules on Expedited Procedure in First Level Courts

March 2, 2022
The Supreme Court, during its En Banc deliberation on Tuesday, March 1, 2022, approved
the procedural rules expediting criminal and civil actions filed before the first level courts.
This effectively amended the 1991 Revised Rule on Summary Procedure and 2016
Revised Rules on Small Claims Cases.

Entitled Rules on Expedited Procedures in First Level Courts (A.M. No. 08-8-7-SC), the
same will take effect after its required publication in two newspapers of general
circulation. The new Rules recalibrates, reconciles, and harmonizes the coverage of the
Revised Rule on Summary Procedure and Small Claims cases following the enactment of
Republic Act (RA) No. 11576, which expanded the jurisdictional amount cognizable by
the first level courts to ₱2,000,000.00 for civil actions monetary claims.
The Rules provide for a more efficient and expedited procedure governing both summary
procedure and small claims cases.

The provisions on prohibited pleadings and motions and service pursuant to international
conventions under the 2019 Amendments to the 1997 Rules of Civil Procedure have also
been incorporated, and videoconferencing hearings have been authorized at any stage of
the proceedings. The salient features of the Rules include:

Rule on Summary Procedure

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
do not exceed ₱2,000,000.00; 3) cases for enforcement of barangay amicable settlement
agreements and arbitration award where the money claim exceeds ₱1,000,000.00; 4)
cases solely for the revival of judgment of any first level court; and 5) the civil aspect of
violations of Batas Pambansa Blg. 22 (BP 22), if no criminal action has been instituted.
Provisions on the evidentiary nature of pleadings, filing and service, and pre-trial from
the 2019 Amendments have likewise been adopted, unless inconsistent.

With respect to criminal cases, violation of BP 22 is explicitly included, and the penalty
threshold of all other criminal cases is increased to imprisonment not exceeding one year,
or a fine not exceeding

₱50,000.00, or both, and a fine not exceeding ₱150,000.00 for offenses involving damage
to property through criminal negligence. Arraignment and pre-trial shall be scheduled
and conducted in accordance with the Revised Guidelines for Continuous Trial of Criminal
Cases.

The procedure of appeal has also been simplified. Any judgment, final order, or final
resolution may be appealed to the appropriate Regional Trial Court (RTC) exercising
jurisdiction over the territory under Rule 40 for civil cases and Rules 122 for criminal
cases, of the Rules of Court. The judgment of the RTC on the appeal shall be final,
executory, and unappealable.

Rule on Small Claims

The Rules increases the threshold amount of small claims cases to

₱1,000,000.00 and no longer makes a distinction whether the claim is filed before the
first level courts within or outside Metro Manila. The claim or demand may be for money
owed under contracts of lease, loan and other credit accommodations, services, and sale
of personal property. The recovery of personal property is excluded, unless made subject
of a compromise agreement between the parties. Nevertheless, the enforcement
of barangay amicable settlement agreements and arbitration awards where the money
claim does not exceed ₱1,000,000.00 is likewise covered.

The Rules allows the service of summons by the plaintiff if returned unserved by the
sheriff or proper court officer, or if it shall be served outside the judicial region of the
court 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 payment of a reduced filing fee of ₱2,000.00.

Notices may now be served through mobile phone calls, SMS, or instant messaging
software applications. While videoconferencing hearings should be conducted using the
Supreme Court-prescribed platform, the court may allow the use of alternative platforms
or instant 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. ###