SUMMARY PROCEDURE IN CRIMINAL CASES
Cases Covered:Violations of Traffic Laws, Rules and
RegulationsViolations of Rental Law Violations of Municipal and
City OrdinancesViolations of Bouncing Checks Law (B.P.22)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 1K, or both, irrespective of other imposable penalties,
accessory, or otherwise, or of the civil liability arising
therefrom: Provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern where
the imposable fine does not exceed 10K.Filing of Complaint SEC. 12
(a) or Information SEC. 12 (b)(MeTC, MTCC, MTC, MCTC )SEC.11
To require the accused within 10 days from receipt of the order
to submit his counter-affidavit including those of his witnesses
and any other evidence he may present on his behalf (with copies to
be served on the complainant or prosecutor).
Court Issues Order
10 days
If the accused did not file his counter-affidavit, the court
will schedule his arraignment.
Counter-Affidavits
Within 10 days after receipt of the counter-affidavits, the
complainant may file his reply-affidavits.10 days
If the accused is held in custody, he is immediately arraigned.
If he pleads guilty, he is sentenced forthwith (upon consideration
of the complaint or information and the affidavits submitted.If
there is no cause or ground to hold the accused for trial, the
court may order the dismissal of the case.Reply
Arraignment(SEC.13)
Preliminary Conference (SEC.14):Stipulation of FactsPlea
BargainingOther Matters to Clarify IssuesAdditional Affidavits
(SEC. 15)
Before the trial, the offended party may file (or reserve the
right to file) a separate action to pursue the civil liability of
the accused.
PROHIBITED PLEADINGS AND MOTIONS (SEC.19)Motion to dismiss the
complaint or to quash the complaint or information except on the
ground of lack of jurisdiction over the subject matter, or failure
to comply with the preceding section;Motion for a bill of
particulars;Motion for new trial, or for reconsideration of a
judgment, or for opening of trialPetition for relief from
judgmentMotion for extension of time to file pleadings, affidavits
or any other paper;Memoranda;Petition for Certiorari, Mandamus, or
Prohibition against any interlocutory order issued by the
court;Motion to declare the defendant in default;Dilatory motions
for postponementReply;Third party complaints;Interventions
Trial(SEC.15)Only the affidavits earlier executed by the
witnesses shall constitute the direct testimonies, subject to
cross-examination.
Appeal(SEC. 21)Judgment(SEC.17) 30 days
