Reviewer
Reviewer
ph/sc-issues-rules-on-expedited-procedures-in-the-first-level-
courts/#:~:text=Civil%20cases%20covered%20by%20the,award%20where%20the
%20money%20claim
Civil cases covered by the rule on summary procedure now consist of: 1) forcible entry and
unlawful detainer cases; 2) civil actions and complaints for damages where the claims do not
exceed ₱2,000,000.00; 3) cases for enforcement of barangay amicable settlement agreements
and arbitration award where the money claim exceeds ₱1,000,000.00; 4) cases solely for the
revival of judgment of any first level court; and 5) the civil aspect of violations of Batas
Pambansa Blg. 22 (BP 22), if no criminal action has been instituted. Provisions on the
evidentiary nature of pleadings, filing and service, and pre-trial from the 2019
Amendments have likewise been adopted, unless inconsistent.
With respect to criminal cases, violation of BP 22 is explicitly included, and the penalty
threshold of all other criminal cases is increased to imprisonment not exceeding one year, or
a fine not exceeding
₱50,000.00, or both, and a fine not exceeding ₱150,000.00 for offenses involving damage to
property through criminal negligence. Arraignment and pre-trial shall be scheduled and
conducted in accordance with the Revised Guidelines for Continuous Trial of Criminal
Cases.
The procedure of appeal has also been simplified. Any judgment, final order, or final
resolution may be appealed to the appropriate Regional Trial Court (RTC) exercising
jurisdiction over the territory under Rule 40 for civil cases and Rules 122 for criminal cases,
of the Rules of Court. The judgment of the RTC on the appeal shall be final, executory, and
unappealable.
₱1,000,000.00 and no longer makes a distinction whether the claim is filed before the first
level courts within or outside Metro Manila. The claim or demand may be for money owed
under contracts of lease, loan and other credit accommodations, services, and sale of personal
property. The recovery of personal property is excluded, unless made subject of a
compromise agreement between the parties. Nevertheless, the enforcement
of barangay amicable settlement agreements and arbitration awards where the money claim
does not exceed ₱1,000,000.00 is likewise covered.
The Rules allows the service of summons by the plaintiff if returned unserved by the sheriff
or proper court officer, or if it shall be served outside the judicial region of the court where
the case is pending. If the case is dismissed without prejudice for failure to serve summons,
the case may be re-filed within one year from notice of dismissal, subject to the payment of a
reduced filing fee of ₱2,000.00.
Notices may now be served through mobile phone calls, SMS, or instant messaging software
applications. While videoconferencing hearings should be conducted using the Supreme
Court-prescribed platform, the court may allow the use of alternative platforms or instant
messaging applications with video call features, under certain conditions. The 30-day period
within which to set the hearing was extended to 60 days if one of the defendants resides or is
holding business outside the judicial region of the court. There shall only be one hearing day,
with judgment rendered within 24 hours from its termination. The Small Claims Forms have
also been updated and improved for ease of use, with translations in Filipino.
The Rules maintained that the decision rendered by the first level courts in small claims shall
be final, executory and unappealable.
The Rules shall have a prospective application. Cases covered by these Rules which are
currently pending with the first level and second level courts shall remain with and be
decided by those same courts, in accordance with the applicable rules at the time of their
filing. The SC Public Information Office will immediately upload a copy of the Rules in the
Supreme Court website upon official receipt of the same from the Office of the Clerk of
Court En Banc. ###
5. REGIONAL TRIAL COURT (M. De Leon, Remedial Law Reviewer-Primer, 2021 Edition,
pp. 23-29; 1987 Constitution; BP Blg. 129; R.A. 7691; R.A. 11576; R.A. 10660; P.D. 1606)
N.B. RA 11576 increased jurisdictional threshold to 2M and 400k (real actions) as of June
30, 2021 ORIGINAL JURISDICTION CIVIL Original and Exclusive (1) Subject of the action
not capable of pecuniary estimation; Actions not capable of pecuniary estimation: (a)
Where it is primarily for the recovery of a sum of money, the claim is considered capable
of pecuniary estimation — jurisdiction, whether in the MTC or RTC, would depend on
the amount of the claim. (b) Where main purpose of filing the complaint is to collect the
commission for finding a buyer of subject properties, payment of such money claim is
the principal relief sought. Thus it is capable of pecuniary estimation (Cabrera vs.
Francisco, G.R. No. 172293, August 28, 2013). (c) Where the basic issue is other than the
right to recover a sum of money, or where the money claim is purely incidental to, or a
consequence of the principal relief sought, the subject of litigation may not be estimated
in terms of money — jurisdiction exclusively of RTC. • expropriation • specific
performance • support • foreclosure of mortgage • annulment of judgment • actions
questioning the validity of a mortgage • annulment of deed of conveyance rescission (d)
While actions under Sec. 33[3] of Bata Pambansa Big. 129 are also incapable of
pecuniary estimation, the law specifically mandates that they are cognizable by the MTC,
METC, or MCTC where the assessed value of the real property involved does not exceed
P400,000.00 in Metro Manila, or P50,000.00, if located elsewhere (Russel us. Vestil, G.R.
No. 119347, March 17, 1999; amount as amended by R.A. 11576).
Note: To determine the nature of an action, whether or not its subject matter is capable
or incapable of pecuniary estimation, the nature of the principal action or relief sought
must be ascertained. If the principal relief is for the recovery of a sum of money or real
property, then the action is capable of pecuniary estimation. However, if the principal
relief sought is not for the recovery of sum of money or real property, even if a claim
over a sum of money or real property results as a consequence of the principal relief, the
action is incapable of pecuniary estimation. (First Sarmiento Property Holdings, Inc. v.
Philippine Bank of Communications, G.R. No. 202836, June 19, 2018) Justice Feria in his
book qualifies that in saying that you look into the conjunction, if the conjunction is “OR”
it becomes capable if the conjunction is “AND” it is incapable. (2) Actions involving title
to, or possession of real property or any interest therein — where assessed value of
property exceeds P400,000.00 (3) Actions in admiralty and maritime jurisdiction —
where demand or claim exceeds P2,000,000.00 (4) Matters of probate, testate and
intestate — where gross value of estate exceeds P2,000,000.00 (5) Cases not within
exclusive juris- diction of any court, tribunal, person or body exercising judicial or quasi-
judicial functions. (6) All other cases where demand — exclusive of interests, damages of
whatever kind, attorney's fees, litigations expenses and cost, or value of property in
controversy — exceeds exceeds P2,000,000.00 (7) Additional original jurisdiction
transferred under Sec. 5.2. of the Securities Regulation Code, all cases enumerated
under Section 5 of Presidential Decree No. 902-A.