Mark Daniel M.

Nicasio SY 2021-2022
Legal Technique and Logic Atty. Edwin Sulit

23 April 2022 Assignment

1. Republic Act No. 11576 amended the provisions of Batas Pambansa

Blg. 129, otherwise known as the “Judiciary Reorganization Act of
1980” as amended. The salient provisions of RA 11576 specifically
provides that Section 19 of BP 129 is amended which states that,

Regional Trial Courts shall exercise exclusive original jurisdiction:

“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).”

Further, Section 33 of BP 129 is amended which provides that:

Jurisdiction of the Metropolitan Trial Courts, Municipal Trial Courts in

Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts in Civil
Cases. – Metropolitan Trial Courts, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts shall exercise:
“(1) Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the value of the personal property,
estate, or amount of the demand does not exceed Two million pesos
(P2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs, the amount of which must
be specifically alleged: Provided, That interest, damages of whatever kind,
attorney’s fees, litigation expenses, and costs shall be included in the
determination of the filing fees: Provided, further, That where there are
several claims or causes of actions between the same or different parties,
embodied in the same complaint, the amount of the demand shall be
totality of the claims in all the causes of action, irrespective of whether the
causes of action arose out of the same or different transactions;

“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.

“(4) Exclusive original jurisdiction in admiralty and maritime actions where

the demand or claim does not exceed Two million pesos (P2,000,000.00).”

RA 11576 likewise expressly grants the Congress to adjust the amounts

concerning the jurisdiction of the Courts “in cases of extraordinary
supervening inflation or deflation of currency; (2) reflect change in the land
valuation; (3) maintain the proportion of caseload between first and second
level courts.”

2. The Supreme Court deliberated during its En Banc session

approved the amendment of the 1991 Rules on Summary Procedure
and 2016 Revised Rules on Small Claims Cases.

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.

The coverage of Summary Procedure cases are as follows:

(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 (₱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 (₱2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses and costs.
(c) Complaints for damages where the claim does not exceed Two
Million Pesos (₱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 (₱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.

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.

A “small claim” is 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:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan and other credit accommodations;
3. Contract of Services; or
4. 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.
(b) The enforcement of barangay amicable settlement agreements
and arbitration awards, where the money claim does not exceed 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.

CRIMINAL CASES

The following criminal cases shall be governed by the Rule on Summary

Procedure:
(1) Violations of traffi c laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) Violations of Batas Pambansa Blg. 22 (the Bouncing Checks Law); and
(5) All other criminal cases where the penalty prescribed by law for the
offense charged is imprisonment not exceeding one (1) year, or a fi ne 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 off enses involving damage to property through criminal
negligence under Article 365 of the Revised Penal Code, this Rule shall
govern where the imposable fi ne does not exceed One Hundred Fifty
Thousand Pesos (₱150,000.00).

If the prescribed penalty consists of imprisonment and/or a fi ne, the

prescribed imprisonment shall be the basis for determining the applicable
procedure.

All other cases not included herein shall be governed by the regular
rules of procedure.

Prohibited pleadings in these rules are hereunder stated, to wit:

(a) In civil cases, a motion to dismiss the complaint or the statement
of claim, and in criminal cases, a motion to quash the complaint or
information, except on the ground of lack of jurisdiction over the subject
matter or failure to comply with the requirement of barangay conciliation,
pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160;
(b) Motion to hear and/or resolve affi rmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for reconsideration of a judgment on the
merits, or for reopening of proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to fi le pleadings, affi davits or any
other paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
(i) Motion to declare the defendant in default;
(j) Dilatory motions for postponement. Any motion for postponement
shall be presumed dilatory unless grounded on acts of God, force majeure,
or physical inability of a counsel or witness to personally appear in court,
as supported by the requisite affidavit and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in Intervention;
(n) Motion to admit late judicial affidavit/s, position papers, or other
evidence, except on the ground of force majeure or acts of God;
(o) Motion for judicial determination of probable cause in criminal
cases.

Trial may also be conducted via videoconferencing as far as practicable.

Upon filing of the complaint, the Court shall determine within (5) days if the
case falls under these Rules. The defendant shall then file an answer
within thirty (30) days from receipt of the Summons. Plaintiff is then given
ten (10) days to file a reply to a counterclaim, when filed, and only when an
actionable document is attached to the answer. Failure to answer shall
warrant judgment as may be warranted by the facts alleged in the
complaint and its attachments, limited to what is prayed for.

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.

Any judgment, final order, or final resolution in a Summary Procedure case

may be appealed to the appropriate Regional Trial Court exercising
jurisdiction over the territory under Rule 40 for civil cases and Rule 122 for
criminal cases, of the Rules of Court. The appeal shall be taken by fi ling a
notice of appeal, together with proof of payment of the appeal fees, with
the court that rendered the judgment, order or resolution appealed from,
within fi fteen (15) calendar days from receipt of the same.

Remedy from judgment on appeal. – The judgment of the Regional Trial

Court on the appeal shall be final, executory, and unappealable.

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.