Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Limited Legal Practice or Representation › Nonmembers of the Bar › Parties and their Agents in Certain Proceedings

(e) Cases under Expedited Procedure (AM 08-8-7-SC, Rule IV, Secs. 17–18)

Cases Covered Under the Rules on Summary Procedure:

  • Civil Cases
  • All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or unpaid rentals sough to be recovered. Where attorney’s fees are awarded, the same shall not exceed One Hundred thousand pesos (P100,000) (A.M. No. 08- 8-7-SC)
  • 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 (2,000,000), exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses, and costs. (A.M. No. 08-0-7-SC)
  • Complaints for damages where the claim does not exceed Two Million Pesos (₱2,000,000.00), exclusive of interest and costs)
  • Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds One Million Pesos (₱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.
  • 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
  • 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.
  • Criminal Cases The following criminal cases shall be governed by the Rule on Summary Procedure:
  • Violations of traffic laws, rules and regulations;
  • Violations of the rental law;
  • Violations of municipal or city ordinances;
  • Violations of Batas Pambansa Blg. 22 (the Bouncing Checks Law); and
  • All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding one (1) year, or a fine not exceeding Fifty Thousand Pesos (₱50,000.00), or both, regardless of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom. In offenses involving damage to property through criminal negligence under Article 365 of the Revised Penal Code, this Rule shall govern where the imposable fine does not exceed One Hundred Fifty Thousand Pesos (₱150,000.00). If the prescribed penalty consists of imprisonment and/or a fine, the prescribed imprisonment shall be the basis for determining the applicable procedure.

Exceptions under the SC Circulars:

  • Appeals from Habeas Data cases
  • Appeals from Amparo cases
  • Appeals from Kalikasan cases
  • Appeals from Habeas Corpus cases
  • Criminal cases by notice of appeal

Authorities

  • A.M. No. 08-0-7-SC
  • A.M. No. 08-8-7-SC
  • Batas Pambansa Blg. 22
  • Republic Act No. 7160 (The Local Government Code of 1991), Sec. 417
  • Revised Penal Code, Sec. 365
  • Rule on Summary Procedure (Rules of Court / procedural rule referenced)
  • Rules of Court
  • Rules of Court (Rule IV)
  • Rules of Court, Sec. 39