I RECEIVED an e-mail from a certain person sharing his observation on how extremely slow the trials and resolution of cases in the Philippines.
I have been in the practice of law for quite some time, and this is the usual observation I receive especially from litigants.
They say that “justice delayed is justice denied.”
Consequently, the Philippine Supreme Court (SC) doesn’t stop in improving our justice quality. It approved the procedural rules expediting criminal and civil actions before the first level courts.
The new rules of procedures effectively amended the 1991 Revised Rule on Summary Procedure and 2016 Revised Rules on Small Claims Cases.
What are the salient features of new Rules?
As mentioned in the SC issuances, the scope of the Rule on Summary Procedures are the following:
1) forcible entry and unlawful detainer cases;
2) civil actions and complaints for damages where the claims do not exceed P2,000,000;
3) cases for enforcement of barangay amicable settlement agreements and arbitration award where the money claim exceeds P1,000,000;
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.
The penalty threshold of all other criminal cases is increased to imprisonment not exceeding one year, or a fine not exceeding P50,000, or both, and a fine not exceeding P150,000 for offenses involving damage to property through criminal negligence.
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.
Additional provisions which are consistent with the new rules are also adopted in relation to the evidentiary nature of pleadings, filing and service, and pre-trial from the 2019 Amendments.
Arraignment and pre-trial shall be scheduled and conducted in accordance with the Revised Guidelines for Continuous Trial of Criminal Cases.
With regards to small claims cases, the Rule increases the threshold amount to P1,000,000. It doesn’t matter whether the claim is filed before the first level courts within or outside Metro Manila. It may be a claim for money owed under contracts of lease, loan, and other credit accommodations, services, and sale of personal property.
It also covers the enforcement of barangay amicable settlement agreements and arbitration awards where the money claim does not exceed P1,000,000.
Notices may now be served through mobile phone calls, SMS, or instant messaging software applications. During hearings, the parties may sought for videoconferencing hearings that shall be conducted using the Supreme Court-prescribed platform.
Though this column article does not cover all the changes, the SC is moving forward to be more efficient in promoting the administration of justice./PN
