Notes On The Rules On Expedited Procedure in The First Level Courts
Notes On The Rules On Expedited Procedure in The First Level Courts
Nicasio SY 2021-2022
Legal Technique and Logic Atty. Edwin Sulit
“x x x
“(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value exceeds Four
hundred thousand pesos (P400,000.00), except for forcible entry into and
unlawful detainer of lands or buildings, original jurisdiction over which is
conferred upon the Metropolitan Trial Courts, and Municipal Trial Courts in
Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts;
“(3) In all actions in admiralty and maritime jurisdiction where the demand
or claims exceeds Two million pesos (P2,000,000.00);
“(4) In all matters of probate, both estate and intestate, where the gross
value of the estate exceeds Two million pesos (P2,000,000.00)’
“x x x
“(8) In all other cases in which the demand, exclusive of interest, damages
of whatever kind, attorney’s fees, litigation expenses and costs or the value
of the property in controversy exceeds Two million pesos
(P2,000,000.00).”
“x x x
“(3) Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed
value of the property or any interest therein does not exceed Four hundred
thousand pesos (P400,000.00) exclusive on interest, damages of whatever
kind, attorney’s fees, litigation expenses and costs: Provided, That in
cases of land not declared for taxation purposes, the value of such
property shall be determined by the assessed value of the adjacent lots.
The issuance is under A.M. No. 08-8-7-SC which provides for the
Rules on Expedited Procedures in First Level Courts. The salient
provisions of A.M. No. 08-8-7-SC aims to lessen the instances of
clogging of the Court’s dockets and to invigorate the rights to the
speedy disposition of cases, and speedy trial.
Further, in the words of Chief Justice Alexander Gesmundo
“the goal of the Committee (on the Revision of the Rules on
Summary Procedure and Small Claims Cases) was not only to
adjust the cases covered by these Rules, but also to incorporate
recent developments in procedural and substantive law and
jurisprudence, as well as technological advancements.
All other cases not included herein shall be governed by the regular
rules of procedure.
In Small Claims Cases, as defined hereunder, where the claim does
not exceed One Million Pesos (₱1,000,000.00), exclusive of interest and
costs.
CRIMINAL CASES
All other cases not included herein shall be governed by the regular
rules of procedure.
Within five (5) days from the filing of the last responsive pleading, the
Court shall issue the Notice of Preliminary conference which shall be
conducted within thirty (30) days. At least three (3)days before the
scheduled Preliminary Conference, the parties are required to file their
respective Briefs. Failure to file the Brief shall likewise be given the same
sanction as non-appearance in the Preliminary Conference. Thereafter, a
preliminary conference order shall be issued and rendition of judgment
after thirty (30) days thereof.
If there is a need for clarification of material facts, the Court may require
the filing of Judicial Affidavit and other evidence. After fifteen (15) days
from receipt of the last responsive clarificatory Judicial Affidavit, judgment
shall be rendered.
In Small claims, the amount shall not exceed One Million Pesos, and
may join in a single statement of claim one or more separate claims. After
filing the required form with the admissible affidavit and payment of the
docket fees, summons/notice shall be issued within 24 hours from receipt
of the statement of claims. Response shall be made within ten (10) days
from receipt of Summons which cannot be extended. Failure to respond
shall entitle the Court to render judgment within 24 hours from the
termination of the hearing. Execution shall issue when the decision is
rendered and proof of receipt appear on record.