spot_img
29 C
Philippines
Thursday, March 28, 2024

SC revises rules to expedite cases

- Advertisement -

The Supreme Court has adopted revised rules aimed at expediting the resolution of civil, particularly monetary claims, and criminal cases filed before the first level courts – metropolitan trial courts (MeTCs), municipal trial courts in cities (MTCCs), municipal trial courts (MTCs), and municipal circuit trial courts (MCTCs).

Besides expeditious resolution of cases, the new rules would put a stop to “endless litigations” since certain rulings in civil cases by the first level courts are final and executory with only some rulings in both civil and criminal cases are appealable before the regional trial courts (RTCs) whose decisions are final.

The SC stressed that the new rules would take effect starting April 11 and would be prospective in application, meaning cases pending before April 11 would observe the old rules.

The high court said the new rules were crafted following the enactment in July 2021 of Republic Act 11576 which expanded the jurisdictional amount cognizable by the first level courts to ₱2,000,000 for civil actions involving monetary claims.

The adoption of the new rules was done by the SC under its constitutional power to promulgate rules on pleading, practice and procedure in all courts.

- Advertisement -

The summary of the new rules provided by the SC Public Information Office stated that it covered by the new summary procedures in civil cases are forcible entry and unlawful detainer cases regardless of the amount of damages or unpaid rentals sought to be recovered; civil actions – except probate proceedings, admiralty and maritime actions – and small claims cases… where the amount claimed is not over P2 million; complaints for damages where the claim does not exceed P2 million, exclusive of interest and costs.

Also covered are cases for enforcement of barangay amicable settlement agreements where the money claim exceeds P1 million provided no execution has been enforced by the barangay within six months from the date of settlement; cases for revival of judgment rendered by first level courts; and civil aspect of violation of Batas Pambansa Blg. 22, Bouncing Checks Law, if no criminal action has been instituted.

In small claims cases – where the reliefs sought are purely civil in nature like payment or reimbursement of a sum of money – covered are those involving issues on contracts of lease, loan and other credit accommodations, services, and sale of personal property excluding recovery unless stated in the agreement between the parties, and enforcement of barangay agreements on claims not over P1 million.

Covered by the new rules on criminal cases are those involving violations of traffic laws, rules and regulations; rental law; municipality or city ordinances; BP 22; and all other cases where the penalty is imprisonment of not over one year or a fine of not exceeding P50,000, or both, regardless of other imposable penalties.

Also covered are offenses involving damage to property through criminal negligence where the imposable fine does not exceed P150,000.

In small claims cases, the service of court issuances and filings by complainants and respondents can be done through electronic mail, facsimile and other electronic means.

Notices may also be served through mobile phone calls, short messaging service (SMS), or instant messaging (IM) software applications but the chosen mode of service must be indicated in the statement of claim or response.

The SC said should a defendant fail to respond to the complaint or attend during a scheduled hearing, the trial court is mandated to render judgment within 24 hours from the termination of the hearing.

The judgment should also be rendered within 24 hours even if the defendant, who failed to submit his or her response, would attend the hearing.

Lawyers are not allowed in small claims cases unless they are the complainants or the defendants. Also, only one postponement is allowed provided a party can put up a justifiable excuse.

First level court judges are mandated under the new rules to exert efforts to iron out amicable settlements among the parties and if settlements are done, they should be approved during the hearing.

If amicable settlements are not reached, hearing of the case should proceed and judgment should be rendered within 24 hours from the termination of the hearing.

When the decision is rendered and received by the parties, execution of the ruling should be immediately enforced, the rules also provide.

The committee which studied and recommended the approval of the new rules by the SC as a full court was composed of SC Associate Justice Henry Jean Paul B. Inting as chairperson; Associate Justice Samuel H. Gaerlan as co-chairperson.

Associate Justice Jose Midas P. Marquez, Court of Appeals Associate Justices Eduardo B. Peralta Jr., Maria Filomena D. Singh and Germano Francisco D. Legaspi, Sandiganbayan Associate Justice Ma. Theresa Dolore C. Gomez Estoesta, Court Administrator Raul Bautista Villanueva, and trial court Judges Evangeline C. Cabochan Santos, Jackie B. Crisologo Saguisag, Karla A. Funtilla Abugan, and Carlo D. Villarama, Marcelino Michael I. Atanante IV of the Integrated Bar of
the Philippines, and Antonio Ceasare R. Manila from the office of Chief Justice Alexander G. Gesmundo were members.

Lawyers Ryan De Leon Ferraren, Barbie Kaye Perez Lopez and Camille Sue Mae L. Ting were the members of the secretariat.

- Advertisement -

LATEST NEWS

Popular Articles