Revised Rules on Summary Procedure apply in the following cases: 1. Civil cases: a. All cases of forcible entry and unlawful ...

Revised Rules on Summary Procedure apply in the following cases:

1. Civil cases:
a. All cases of forcible entry and unlawful detainer, irrespective of amount of damages or unpaid rentals sought to be recovered provided when attorney’s fees are awarded, the same shall not exceed P20,000.00; and 

b. All other civil cases, except probate proceedings, where the total amount of the plaintiff’s claim does not exceed P100,000 or P200,000 in Metropolitan Manila, exclusive of interest and costs (As amended by A.M. No. 02-11-09-SC effective Nov. 5, 2002)  

2. Criminal cases: 
a. Violations of traffic laws, rules and regulations; 
b. Violations of rental law; 
c. Violations of municipal or city ordinances; 
d. All other criminal cases where the penalty prescribed by law for the offense charged is imprisonment not exceeding 6 months or a fine not exceeding P1,000.00, or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising there from. Provided however, that in offenses involving damage to property through criminal negligence, this Rule shall govern where the imposable fine does not exceed P10,000.00; and  

3. Violation of bouncing checks law (Sec. 1).  

In case of failure of the defendant to answer, the  court, motu proprio or on motion of the plaintiff, shall render judgment as may be warranted by the facts alleged in the complaint and limited to what is prayed for (Sec 6).  This is without prejudice to the applicability of Sec. 4, Rule 18 of the Rules of Court, stating that the non-appearance of the party in a pre-trial may be excused if valid cause is shown or a representative authorized in writing appears in his behalf.  

Preliminary conference in civil cases is mandatory. 
Not later than 30 days after the last answer is filed, a preliminary conference shall be held. The rules on pre-trial in ordinary cases shall be applicable to the preliminary conference unless inconsistent with the provisions of this Rule.   

The failure of the plaintiff to appear in the preliminary conference shall be a cause for the dismissal of his complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on his counterclaim in accordance with Sec. 6. All cross-claims shall be dismissed.  

If a sole defendant shall fail to appear, the plaintiff shall be entitled to judgment in accordance with Sec. 6. This Rule shall not apply where one of two or more defendants sued under a common cause of action who had pleaded a common defense shall appear at the preliminary conference (Sec. 7).  

Preliminary conference in criminal cases is mandatory.
Before conducting the trial, the court shall call the parties to a preliminary conference during which a stipulation of facts may be entered into, or the propriety of allowing the accused to enter a plea of guilty to a lesser offense may be considered, or such other matters may be taken up to clarify the issues and to ensure a speedy disposition of the case.   However, no admission by the accused shall be used against him unless reduced in writing and signed by the accused and his counsel. A refusal or failure to stipulate shall not prejudice the accused (Sec. 14). 

DISCLAIMER: The author is not lawyer nor an authority on this topic. It is a product of humble research and study of law. It should not be used as sole basis in filing a case, instead, consult your lawyer for proper legal advice.

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