Rules on Expedited Procedures in the First Level Courts

Section 1

The only pleadings allowed to be filed are the complaint, compulsory counterclaim, cross-claim pleaded in the answer, and reply, as provided in Section 8 of this Rule. All pleadings shall be verified.

Sec 2

All pleadings submitted under this Rule shall comply with Rule 7 of the 2019 Amendments to the 1997 Rules of Civil Procedure. All cases requiring prior referral to barangay conciliation must contain a statement of compliance, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160. Where there is no showing of compliance with such requirement, the complaint shall be dismissed without prejudice, on the court's own initiative or upon motion by the defendant, and may be re-filed only after the requirement has been complied with.

Sec 3

The complaint shall state the following: (a) The names of the affiants whose judicial affidavits will be presented to prove the plaintiff's claim. The judicial affidavits shall be attached to the complaint and form an integral part thereof. Judicial affidavits not attached to the complaint shall not be considered; (b) The summary of the statements in the judicial affidavits; (c) The documentary and other object evidence in support of the allegations in the complaint; and (d) Whether the plaintiff consents to service by electronic means or facsimile and, if so, the plaintiff's e-mail addresses or facsimile numbers for such purpose.

Sec 4

Within five (5) calendar days from receipt of a new civil case, if the court determines that the case falls under this Rule, the court shall direct the Branch Clerk to issue summons to the defendant, stating clearly that the case shall be governed by the Rule on Summary Procedure. However, if from an examination of the allegations in the initiatory pleading and such evidence as may be attached thereto, a ground for the outright dismissal of the case is apparent, the court may dismiss the case on its own initiative. These grounds include lack of subject matter jurisdiction, improper venue, lack of legal capacity to sue, litis pendentia, res judicata, prescription, failure to state a cause of action, non-submission of a certification against forum shopping, and lack of compliance with a condition precedent such as absence of barangay conciliation, among others. A patently erroneous determination to avoid the application of the Rule on Summary Procedure is a ground for disciplinary action.

Sec 5

The rules on filing and service of pleadings under Rule 13 and service of summons under Rule 14 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to cases under this Rule, unless inconsistent.

Sec 6

Within thirty (30) calendar days from service of summons, the defendant shall file an answer to the complaint and serve a copy thereof on the plaintiff. The answer shall state the following: (a) The names of the affiants whose judicial affidavits will be presented to prove the defendant's allegations. The judicial affidavits shall be attached to the answer and form an integral part thereof. Judicial affidavits not attached to the answer shall not be considered; (b) The summary of the statements in the judicial affidavits; (c) The documentary and other object evidence in support of the allegations in the answer; and (d) Whether the defendant consents to service by electronic means or facsimile and, if so, the defendant's e-mail addresses or facsimile numbers for such purpose. Affirmative defenses not pleaded in the answer shall be deemed waived, except for lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription. Cross-claims and compulsory counterclaims not asserted in the answer shall be considered barred.

Sec 7

If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff's claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the answer; otherwise, the defendant shall be barred from suing on such counterclaim. The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid. Any amount pleaded in a counterclaim in excess of Two Million Pesos (P2,000,000.00), excluding interests and costs, shall be deemed waived.

Sec 8

All new matters alleged in the answer shall be deemed controverted. The plaintiff may file a reply to a counterclaim only when an actionable document is attached to the answer. The reply shall be filed within ten (10) calendar days from receipt of the answer.

Sec 9

Should the defendant fail to answer the complaint within the period provided, the court, on its own initiative, or upon manifestation by the plaintiff that the period for filing an answer has already lapsed, shall render judgment as may be warranted by the facts alleged in the complaint and its attachments, limited to what is prayed for therein. The court may reduce the amount of damages and attorney's fees claimed for being excessive or otherwise unconscionable.

Sec 10

Within five (5) calendar days after the last responsive pleading is filed, the Branch Clerk of Court shall issue a Notice of Preliminary Conference, which shall be held within thirty (30) calendar days from the date of filing of such last responsive pleading. The rules on pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable to the Preliminary Conference, unless inconsistent. The Notice of Preliminary Conference shall include the dates respectively set for: (a) Preliminary Conference (within 30 calendar days from the filing of the last responsive pleading); (b) Court-Annexed Mediation (within an inextendible period of 30 calendar days from date of referral for mediation); and (c) Judicial Dispute Resolution, in the court's discretion (within an inextendible period of 15 calendar days from notice of failure of the Court-Annexed Mediation). Non-appearance at any of the foregoing settings shall be deemed as non-appearance at the Preliminary Conference and shall merit the same sanctions under Section 12 of this Rule.

Sec 11

The parties shall file with the court and serve on the adverse party in such a way as to ensure receipt, at least three (3) calendar days before the scheduled Preliminary Conference, their respective Preliminary Conference Briefs, which shall contain, among others: (a) A summary of admitted facts; (b) A summary of disputed facts and proposals for stipulations on the same; (c) A statement of factual and legal issues; and (d) A list of testimonial, object, and other documentary evidence offered in support of the party's claims or defenses, and their markings, if any. Failure to submit a Preliminary Conference Brief within the period given shall merit the same sanction as non-appearance at the Preliminary Conference.

Sec 12

It shall be the duty of the parties and their counsel to appear at the Preliminary Conference, Court Annexed Mediation, and Judicial Dispute Resolution, if the latter is ordered by the court. The non-appearance of a party and/or counsel may be excused only for acts of God, force majeure, or duly substantiated physical inability. A representative may appear on behalf of a party, but must be fully authorized through a Special Power of Attorney or a board resolution, as the case may be, to: (1) enter into an amicable settlement, (2) to submit to alternative modes of dispute resolution, and (3) to enter into stipulations or admissions of facts and documents. An authority which fails to include all these acts shall be ineffective and the party represented shall be deemed absent. The failure despite notice of the plaintiff and/or his or her counsel to appear at the Preliminary Conference shall be a cause for the dismissal of the complaint. The defendant who appears in the absence of the plaintiff shall be entitled to judgment on the counterclaim, in accordance with Section 9 of this Rule. All cross-claims shall be dismissed. If a sole defendant and/or his or her counsel fail to appear at the Preliminary Conference, the plaintiff shall be entitled to judgment in accordance with Section 9 of this Rule. This Rule shall not apply, however, where one of two or more defendants sued under a common cause of action and who had pleaded a common defense, shall appear at the Preliminary Conference.

Sec 13

Immediately after the preliminary conference and the issues having been joined the court shall issue a Preliminary Conference Order referring the parties to the mandatory Court-Annexed Mediation, and Judicial Dispute Resolution, which shall be conducted in accordance with the provisions of A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of the Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (IDR) in Civil Cases. The court may, in the same Preliminary Conference Order, declare the case submitted for judgment if, on the basis of the pleadings and their attachments, as well as the stipulations and admissions made by the parties, judgment may be rendered without the need of submission of position papers. In this event, the court shall render judgment within thirty (30) calendar days from issuance of the order. The court's order shall not be the subject of a motion for reconsideration or a petition for certiorari, prohibition, or mandamus, but may be among the matters raised on appeal after a judgment on the merits. If the court, however, deems the submission of position papers still necessary, it shall require the parties, in the Preliminary Conference Order, to submit their respective position papers within ten (10) calendar days from receipt of such order. No other judicial affidavits or evidence will be admitted even if filed with the position papers.

Sec 14

Within thirty (30) calendar days from receipt by the court of the Mediator's Report or the JDR Report on the parties' failure to reach an amicable settlement, the court shall render judgment. However, should the court find it necessary to clarify certain material facts, it may, during the said period, issue an order specifying the matters to be clarified, and require the parties to submit additional judicial affidavits or other evidence on the said matters, within ten (10) calendar days from receipt of said order. Judgment shall be rendered within fifteen (15) calendar days after the receipt of the last clarificatory judicial affidavits, or the expiration of the period for filing the same. The court shall not resort to the clarificatory procedure to gain time for the rendition of the judgment.