CORDILLERA CAREER DEVELOPMENT COLLEGE

COLLEGE OF LAW
Law 328: PRACTICUM II

PROCEEDINGS FOR CIVIL CASES

Agency/ Office: MUNICIPAL TRIAL COURT IN CITIES

BRANCH 2, BAGUIO CITY
Resource Person: HON. JUDGE B. BAWAYAN

I. INTRODUCTION

A civil case is a private, non-criminal lawsuit, usually involving private property rights,
including respecting rights stated under the Constitution or under existing law. For example,
lawsuits involving breach of contract and probate are just a few of the many hundreds of
varieties of civil lawsuits.

A civil case starts when the plaintiff claims that another person or entity or the defendant
has failed to perform a legal responsibility owed to the plaintiff. Both the plaintiff and the
defendant are also called as "parties" or "litigants." The plaintiff may ask the court to tell the
defendant to fulfill the obligation, or make compensation for the harm, or both.

As provided for in the Rules of Court as well as in other pertinent laws, the following are
the civil cases that are under the exclusive original jurisdiction of the first level courts:

A. Forcible entry and unlawful detainer cases, regardless of the amount of damages
or unpaid rentals sought to be recovered. Where attorney’s fees are awarded, the
same shall not exceed One Hundred Thousand Pesos (Php 100,000.00)
B. All civil actions, except probate proceedings, admiralty and maritime actions, and
small claims cases falling under Rule IV hereof, where the total amount of the
plaintiff’s claim does not exceed Two Million Pesos (Php. 2,000,000.00),
exclusive of interest, damages of whatever kind, attorney’s fees, litigation
expenses and cost.
C. Complaints for damages where the claim does not exceed Two Million Pesos
(Php. 2,000,000.00), exclusive of interest and costs.
D. Cases for enforcement of barangay amicable settlement agreements and
arbitration awards where the money claim exceeds One Million Pesos (Php.
1,000,000.00), provided that no execution has been enforced by the barangay
within six (6) months from the date of the settlement or date of receipt of the
award or from the date the obligation stipulated or adjudged in the arbitration
award becomes due and demandable, pursuant to Section 417, Chapter VII of
Republic Act No. 7160, otherwise known as The Local Government Code of
1991.
E. Cases solely for the revival of judgment of any Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, and Municipal Circuit
Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court.
F. The civil aspect of a violation of Batas Pambansa Blg. 22 (the Bouncing Checks
Law), if no criminal action has been instituted therefor. Should a criminal action
be later instituted for the same violation, the civil aspect shall be consolidated
with the criminal action and shall be tried and decided jointly under the Rule on
Summary Procedure.

II. OBSERVATIONS

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II

Few days before the actual court observations, our group drafted our request for us to be
allowed observe the actual procedings undertaken in the litigation of civil cases. Our letter was
duly received and we were then instructed by the branch clerk of court of MTCC Branch 2 of
Baguio City to come back on February 16, 2023.

During our actual observation in the court room, we observed that the ambience was
different from what we usually saw in movies. We were asked to all rise as the judge, the Hon.
Ruth B. Bawayan, entered the court room and we all sat down as the judge sit on the chair.

Initially, the case to be held for trial are being read by the court staff. Then the counsels
enter their appearances. During the proceedings, we observed that during the presentation of the
witness, the witness will identify and testify on the authenticity of his/her submitted judicial
affidavits. Confirming that the judicial affidavit as marked as exhibits was executed by the
witness. The opposing counsel then is allowed to ask questions on the witness presented based
on the judicial affidavits.

We also observed that many of the cases were rescheduled for so many reasons which
were nevertheless allowed by the court.

PROCEEDINGS FOR CRIMINAL CASES

Agency/ Office: MUNICIPAL TRIAL COURT IN CITIES

BRANCH 1, BAGUIO CITY
Resource Person: HON. JUDGE ROBERTO R. MABALOT

I. INTRODUCTION

Criminal cases arise when a complaint or information has already been filed by the
prosecutor’s office through its abled public prosecutors before the court, after the conduct of an
inquest proceeding or a preliminary investigation as the case may be, where the prosecutor in
charge found probable cause that a crime has been committed and the person or party named in
the information is probably guilty of the crime/s stated thereof. In this particular instance, the
court will exercise jurisdiction and the accused’s remedies lie with the court. When an
information is filed in court, the determination of the criminal case will be within its competence
and exclusive jurisdiction. Absent jurisdiction, convictions and court-ordered sentences are void.

As provided for in the Rules of Court as well as in pertinent laws, the following are the
criminal cases that falls within the exclusive original jurisdiction of the first level courts:

A. All violations of city or municipal ordinances committed within their respective territorial
jurisdictions;
B. All offenses punishable with imprisonment of not more than six (6) years irrespective of
the fine and regardless of other imposable accessory or other penalties and the civil
liability arising therefrom; provided, however, that in offenses involving damage to
property through criminal negligence, they shall have exclusive original jurisdiction;
C. All offenses committed not falling within the exclusive original jurisdiction of the
Sandiganbayan;

D. In cases where the only penalty provided by law is a fine not exceeding Php 4,000, the
Metropolitan Trial Courts, etc. have jurisdiction; and
E. MTC's Special Jurisdiction on applications for bail in the absence of all Regional Trial
Court judges.

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II
Once the court takes cognizance of the case, the following Revised Guidelines apply to the
proceedings:

1. Several motions were explicitly deemed ‘Prohibited Motions’ that are to be denied
outright without need of comment or opposition from the other party. Included in these
Prohibited Motions is the ‘motion for judicial determination of probable cause’ which is a
motion resorted to in practice, but has long been considered a source of delay in criminal
proceedings.
2. The period for filing motions for reconsideration of court resolutions has been limited to
a non-extendible period of five days. For comparison, the period for civil cases is 15
days.
3. Arraignment and pre-trial should be held on the same day, and only when pre-trial is
finished may the court refer the case to mediation before the Philippine Mediation Centre,
and only selected cases can be referred to mediation. In the past, this was not the case,
and pre-trial processes were delayed on account of prolonged mediations, which did not
often result in a settlement.
4. Trial dates for both the prosecution and the accused are required to be set during pre-trial,
and the schedules are to be strictly observed. A one-day per witness rule is observed.
5. Promulgation of judgment should generally be made within 90 calendar days from the
time a case is submitted for decision, and the period for trial should not exceed six
months.
6. As to the prescriptive period for the prosecution of crimes, the prescriptive period for the
prosecution of a crime or violation of city ordinances and special laws depend on the
duration of the penalty provided by the law.

II. OBSERVATIONS

CASE PROCEEDING RESULT

The accused was
directly examined and
cross-examined by both
counsels.

The counsel for the

accused made a
CRIM CASE manifestation in court
Continuation of Trial-
NO. 238-21-CR- that several entries be
Presentation of Defense
MTCC corrected in the court
Evidence
logbook due to the
GRAVE corrections made in the
COERCION judicial affidavit of the
accused. The presiding
judge ordered that the
entries be corrected.
The court set the
promulgation of the
decision on May 19,
2023
CRIM CASE The complainant,
Initial Trial
NO. 938-22-CR- through her counsel,

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II
moved for the dismissal
of the case as she (the
complainant) no longer
MTCC
wish to participate in
the proceedings. The
THEFT
presiding judge ordered
for the dismissal of the
case.
CRIM CASE
NO. 639-21-CR-
MTCC The pre-trial conference
Pre-Trial was reset on a later
ESTAFA under date.
Art. 315, par
2(a) of the RPC
CRIM CASE
NO. 686-22-CR-
MTCC

RECKLESS
IMPRUDENCE
RESULTING IN
SLIGHT
PHYSICAL
The accused was
INJURIES under
directly examined and
Art. 365 in
cross-examined by both
relation to Art.
counsels. The court set
266 of the RPC
the promulgation of the
decision on May 19,
and
2023.
CRIM CASE
NO. 688-22-CR-
MTCC

ATTEMPTED
HOMICIDE
under Art. 275
of the RPC.

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II

PROCEEDING FOR SUMMARY PROCEDURE: SMALL CLAIMS

Agency/ Office: MUNICIPAL TRIAL COURT IN CITIES

BRANCH 2, BAGUIO CITY
Resource Person: MICHAEL L. DE GUZMAN, BRANCH
CLERK OF COURT

Small Claims Cases, as defined as an action that is purely civil in nature where the
claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum
of money. It excludes actions seeking other claims or reliefs aside from payment or
reimbursement of a sum of money and those coupled with provisional remedies.

The claim or demand may be as follows:

1. For money owed under any of the following:

1.a. Contract of Leas,
1.b. Contract of Loan and other credit accommodations,
1.c. Contract of Services,
1.d. Contract of Sale of personal property, excluding the recovery
of the personal property, unless it is made the subject of a
compromise agreement between the parties.

2. The enforcement of barangay amicable settlement agreements and

arbitration awards, where the money claim does not exceed One
Million pesos (Php. 1,000,000), provided that no execution has been
enforced by the barangay within six (6) months from the date of the
settlement or date of receipt of the award or from the date the obligation
stipulated or adjudged in the arbitration award becomes due and
demandable, pursuant to Section 417, Chapter VII of Republic Act no.
7160, otherwise known as The Local Government Code of 1991.

Under the Rule on Summary Procedure, all Pleadings shall be verified and must
comply with barangay conciliation and must contain a statement of compliance. Where
there is no showing of compliance with such requirement, the complaint shall be
dismissed without prejudice, on the court’s own initiative or upon motion by the
defendant, and may be re-filed only after the requirement has been complied with.

The complaint must contain material facts and other necessary as provided by the
rules. Documentary and other object evidence in support of the allegations in the
complaint must be attached.

Summons shall be issued within five (5) calendar days from receipts of the
complaint. The court shall direct the branch court to issue summons to the defendant,
stating clearly that the case shall be governed by the Rules on Summary Procedure.

Within thirty (30) calendar days from service of summons, the defendant shall file
an answer to the complaint and serve a copy thereof on the plaintiff.

Within five (5) calendar days after the last responsive pleading is filed, the branch
of clerk of court shall issue a Notice of Preliminary Conference, which shall be held
within thirty (30) calendar days from the date of filing of such last responsive pleading. A
preliminary conference brief shall be filed with the court and serve on the adverse party
at least three (3) calendar days before the scheduled Preliminary Conference.

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 CORDILLERA CAREER DEVELOPMENT COLLEGE
COLLEGE OF LAW
Law 328: PRACTICUM II

During the Preliminary Conference, it shall be the duty of the parties and their
counsel to appear. Also, it is their duty to appear in Court Annexed Mediation, and
Judicial Dispute Resolution, if ordered by the court. The non-appearance of the party and
counsel may be excused only for acts of God, force majeure, or duly substantiated
physical inability.

A Preliminary Conference Order shall be issued by the court immediately after

the preliminary conference and the issues having been joined referring the parties to the
mandatory court-annexed mediation, and judicial dispute resolution. The court may
declare the case submitted for judgment if, on the basis of the pleadings and their
attachments, as well as the stipulations and admissions made by the parties, judgement
may be rendered without the need of submission of position papers. In this event, the
court may render judgment within thirty (30) calendar days from issuance of the order.

Within thirty (30) calendar days from receipt by the court of the Mediator’s report
or the JDR report on the parties’ failure to reach an amicable settlement, the court shall
render judgment.

Prepared and Submitted by:

MANUEL AGAYO JD-3

EDUARDO ANGUPA JR. JD-3

YASSER BAYANGDAN JD-3

MARZAN A. MARA JD-3

RODERICK A. NIERVA JD-3

MARK PADCAYAN JD-3

DAVID S. WADWADAN JD-3

Date of Submission: February 25, 2023

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