LEGAL FORMS
>
Continuous Trial System
Sec. 2. Continuous trial until terminated; postponem
ents. – Trial
once commenced shall continue from day to day
as far as practicable until terminated. It may be
postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the prosecutor and
defense
counsel, set the case for continuous trail on a w
eekly or other
short-term trial calendar at the earliest possible tim
e so as to ensure speedy trial. In no case shall the
entire trial period exceed one hundred eighty (180) days
from the first day of trial, except as otherwise authorized by
the Supreme Court.
The time limitations provided under this section and the
preceding
section shall not apply where special laws or circ
ulars of the Supreme Court provide for a shorter period
of trial.
WHAT PROCEDURE IS USED TO AVAIL HIS RI
GHT TO SPEEDY TRIAL?
> O DEPART WITH NO
Continuous trial system—a tool for the early and
expeditious disposition of a case
WHAT IS THE CONTINUOUS TRIAL SYSTEM?
> within 3 days from arraignment and cannot be
Trial once commenced shall continue from day to
day as far as practicable until terminated.
> 4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial
It may be postponed for a reasonable period of t
ime for good cause.
> The court shall, after consultation with the prosecutor
and defense
counsel, set the case for continuous trail on a w
eekly or other
short-term trial calendar at the earliest possible tim
e so as to ensure speedy trial.
> In no case shall the entire trial period exceed one
hundred eighty
(180) days from the first day of trial, except as
otherwise authorized by the Supreme Court.
HOW DO YOU ENSURE CONTINUOUS TRIAL
SYSTEM?
There must be a time limit within which the case
should be terminated
WHAT ARE THE DUTIES OF THE PRESIDING J
UDGE UNDER THE CONTINUOUS TRIAL SYSTEM?
1. Adhere faithfully to the session hours prescribed by
laws
2. Maintain full control of the proceedings
3. Efficiently allocate and use time and court resources
to avoid court delays
IS THE TIME LIMIT ABSOLUTE?
> No
IN WHICH CASES IS THE TIME LIMITATION NOT
APPLICABLE?
1. CRIMINAL CASES COVERED BY THE RUL
ES ON SUMMARY PROCEDURE OR THOSE
WHERE THE PENALTY DOESN’T EXCEED 6 MONTHS
IMPRISONMENT OR A FINE OF P1000: governed by the
rules on summary procedure
2. WHEN THE OFFENDED PARTY IS ABOUT T
DEFINITE DATE OF RETURN—trial shall commenc
e within 3 days from the date of arraignment, and
cannot be postponed except on
grounds over which the accused has no control
3. CHILD ABUSE CASES—trial shall commence
postponed except on grounds of illness of the accused or
other grounds beyond his control
shall be finished within 3 months from the filing of the
information
5. KIDNAPPING, ROBBERY IN A BAND, ROB
BERY AGAINST A
BANKING OR FINANCIAL INSTITUTION, VIOLATI
ON OF THE
CARNAPPING ACT, AND OTHER HEINOUS CRIM
ES—trial shall be finished within 60 days from the first
day of trial
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 LEGAL FORMS
BASIC Q&A ON THE RULE OF PROCEDURE FOR
SMALL CLAIMS CASES
The Supreme Court approved, through A.M. No.
08-8-7-SC dated 9 September 2008, the proposed “The
Rule of Procedure for Small Claims Cases” (see full text).
Here’s the basic primer or discussion on the new
procedure.
What is the scope and applicabilty of the Rule?
It covers cases at the MTC where the value of the claim
does not exceed P100,000.00, exclusive of interest and
costs. It applies in all actions which are: (a) purely civil in
nature where the claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of sum of money, and
(b) the civil aspect of criminal actions, either filed before
the institution of the criminal action, or reserved upon the
filing of the criminal action in court. These claims or
demands may be:
1. For money owed under any of the following
contracts: Lease, Loan, Services, Sale, or
Mortgage.
2. For damages arising from: Fault or negligence,
Quasi-contract, or Contract
3. The enforcement of a barangay amicable
settlement or an arbitration award involving a
money claim covered by this Rule pursuant to Sec.
417 of Republic Act 7160, otherwise known as the
Local Government Code of 1991.
Am I required to pay filing fees?
Unless allowed to litigate as an indigent, you have to pay
the regular filing fees. In any case, even when declared an
indigent, you MUST pay the P1,000.00 fee for service of
summons and processes in civil cases.
How to I apply as an indigent litigant?
The proper motion must be filed (click here for the
requirements). If the motion is denied, you have 5 days
within which to pay the docket fees, otherwise the case will
be dismissed.
Are lawyers allowed to appear?
No attorney shall appear in behalf of or represent a party at
the hearing, unless the attorney is the plaintiff or
defendant.
What is the general flow of the procedure?
1. Commencement. A small claims action is commenced
by filing with the court an accomplished and verified
Statement of Claim in duplicate, accompanied by a
Certification of Non-forum Shopping, and 2 duly certified
photocopies of the actionable document/s subject of the
claim, as well as the affidavits of witnesses and other
evidence to support the claim. When requested, the Clerk
of Court or other court personnel shall provide assistance
regarding the availability of forms and other information
about the coverage, requirements as well as procedure for
small claims cases.
2. Examination by the court. The court may, from an
examination of the allegations of the Statement of Claim
and such evidence attached thereto, by itself, dismiss the
case outright on any of the grounds apparent from the
Claim for the dismissal of a civil action. If no ground for
dismissal is found, the court shall issue: (a) Summons on
the day of receipt of the Statement of Claim, directing the
defendant to submit a verified Response; and (b) Notice to
both parties, directing them to appear before it on a
specific date and time for hearing, with a warning that no
unjustified postponement shall be allowed.
The Supreme Court approved, through A.M. No.
08-8-7-SC dated 9 September 2008, the proposed “The
Rule of Procedure for Small Claims Cases” (see full text).
Here’s the basic primer or discussion on the new
procedure.
What is the scope and applicabilty of the Rule?
It covers cases at the MTC where the value of the claim
does not exceed P100,000.00, exclusive of interest and
costs. It applies in all actions which are: (a) purely civil in
nature where the claim or relief prayed for by the plaintiff is
solely for payment or reimbursement of sum of money, and
(b) the civil aspect of criminal actions, either filed before
the institution of the criminal action, or reserved upon the
filing of the criminal action in court. These claims or
demands may be:
1. For money owed under any of the following
contracts: Lease, Loan, Services, Sale, or
Mortgage.
2. For damages arising from: Fault or negligence,
Quasi-contract, or Contract
3. The enforcement of a barangay amicable
settlement or an arbitration award involving a
money claim covered by this Rule pursuant to Sec.
417 of Republic Act 7160, otherwise known as the
Local Government Code of 1991.
Am I required to pay filing fees?
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 LEGAL FORMS
Unless allowed to litigate as an indigent, you have to pay Revised Rules on Summary Procedure
the regular filing fees. In any case, even when declared an vs.
indigent, you MUST pay the P1,000.00 fee for service of Procedure for Small Claims Cases
summons and processes in civil cases.
I. Purpose
How to I apply as an indigent litigant? Summary Procedure
To provide a speedy and
The proper motion must be filed (click here for the inexpensive disposition of
requirements). If the motion is denied, you have 5 days cases that are defined to be
within which to pay the docket fees, otherwise the case will included in the cases for
be dismissed. Summary procedure
Are lawyers allowed to appear? II. Where Filed
Summary Procedure
No attorney shall appear in behalf of or represent a party at 1. Metropolitan Trial
the hearing, unless the attorney is the plaintiff or Courts
defendant. 2. Municipal Trial
Courts in Cities
3. Municipal Trial
What is the general flow of the procedure?
Courts
4. Municipal
1. Commencement. A small claims action is commenced Circuit Trial Courts
by filing with the court an accomplished and verified
Statement of Claim in duplicate, accompanied by a III. Cases Covered
Certification of Non-forum Shopping, and 2 duly certified Summary Procedure
photocopies of the actionable document/s subject of the
1. All cases of forcible entry
claim, as well as the affidavits of witnesses and other
and unlawful detainer
evidence to support the claim. When requested, the Clerk
irrespective of the amount of
of Court or other court personnel shall provide assistance
damages or unpaid rentals
regarding the availability of forms and other information sought to be recovered.
about the coverage, requirements as well as procedure for 2. All other civil cases,
small claims cases.
except probate proceedings,
where the total amount of
2. Examination by the court. The court may, from an plaintiff’s claim does not
examination of the allegations of the Statement of Claim exceed P100,000 or does
and such evidence attached thereto, by itself, dismiss the not exceed P200,000 in
case outright on any of the grounds apparent from the Metro Manila, exclusive of
Claim for the dismissal of a civil action. If no ground for interests and costs
dismissal is found, the court shall issue: (a) Summons on Criminal cases:
the day of receipt of the Statement of Claim, directing the 1. Violations of traffic laws,
defendant to submit a verified Response; and (b) Notice to rules and regulations, rental
both parties, directing them to appear before it on a law; municipal or city
specific date and time for hearing, with a warning that no ordinances, B.P. 22
unjustified postponement shall be allowed. 5. All other criminal cases
where the penalty is
6. Decision. After the hearing, the court shall render its imprisonment not exceeding
decision on the same day. The decision shall be final and 6 months and/or a fine of P
unappealable. 1,000 irrespective of other
penalties or civil liabilities
What is the date of effectivity of this Rule? arising therefrom; and
6. Offenses involving
The Rule of Procedure for Small Claims Cases took effect damage to property through
on October 1, 2008 for the pilot courts designated to apply criminal negligence where
the imposable fine is not
the procedure for small claims cases following its
exceeding P10,000.
publication in two newspapers of general circulation.
Comparison:
Small Claims
To provide a speedier and
inexpensive disposition of
money claims of small
amounts
Small Claims
1. Metropolitan Trial
Courts
2. Municipal Trial
Courts in Cities
3. Municipal Trial
Courts
4. Municipal
Circuit Trial Courts
Small Claims
Small claims cases/civil
claims which are
exclusively for the payment
of a sum of money not
exceeding P100,000
exclusive of interest and
costs, either
1. civil claims where the
relief prayed for by the
plaintiff is solely for
payment or reimbursement
of sum of money, or
2. The civil aspect of
criminal actions, either filed
before the institution of the
criminal action, or reserved
upon the filing of the
criminal action in court,
pursuant to Rule 111 of the
Revised Rules of Criminal
Procedure.
These claims or demands
may be:
1. For money owed under
contracts of Lease, Loan,
Services, Sale, Mortgage
2. For damages arising
from Fault or negligence,
Quasi-contract, Contract
3. The enforcement of a
barangay amicable
settlement or an arbitration
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IV. Prohibited Cases
Summary Procedure
Will not apply to a civil case
where the plaintiff's cause of
action is pleaded in the
same complaint with
another cause of action
subject to the ordinary
procedure; nor to a criminal
case where the offense
charged is necessarily
related to another criminal
case subject to the ordinary
procedure.
LEGAL FORMS
award involving a money
claim covered by Section
417 of this Rule
Small Claims
1. Criminal actions are
excluded such as cases for
libel and slander which
grant the accused the right
to be heard and present
evidence. However, the civil
aspect of a claim for
damages may be heard as
a small claim if reserved or
instituted separately prior to
the filing of the criminal
case.
2. civil cases which cannot
be filed as small claims
regardless of amount
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 LEGAL FORMS
Judicial Affidavit Rule
What is the Judicial Affidavit Rule?
The Judicial Affidavit Rule (A.M. No. 12-8-8-SC),
promulgated on September 4, 2012 and made effective on
January 1, 2013, is a procedural innovation which has the
ultimate aim of decongesting court dockets by replacing 1.
the direct testimony of parties and witnesses in court with
sworn affidavits submitted to the court and furnished to the
opposing party not later than 5 days before the pre-trial, 2.
preliminary conference, or the scheduled hearing with
respect to motions and incidents.
3.
The JA is not a pleading nor is it a motion. 4.
NOTE: The JA of the main parties are not being marked as 5.
exhibits. However, JAs of other witnesses may be marked 6.
as exhibits (this is more for convenience, though not in the
Rules – may be subject to further clarifications by the SC).
7.
How will this decongest the court dockets?
According to a study recognized by the Supreme Court, 8.
direct testimonies in court take a large chunk of court
proceedings. Based on pilot testing done in Quezon City
courts, replacing direct testimony with judicial affidavit will
reduce about two-thirds of the time spent in adjudicating
cases. This speeds up the disposition of cases in court.
What’s wrong with the direct testimony?
Justice Abad says that the direct testimony is the
bottleneck (chokepoint) of the system.
Court can only hear one witness at a time (piecemeal trial).
A witness’s presentation of his testimony takes a while.
Witnesses often state their testimonies in the vernacular
which means the same has to be translated to English as
required by existing rules (double testimony).
Add to this are the objections, especially unnecessary
ones, being raised by the adverse party during the direct
testimony which can be dispensed with by the
implementation of the JAR.
Functions of the Judicial Affidavit
1. Take the place of direct testimonies 1.
2. Identify and authenticate documentary or object 2.
evidence in the case
Scope of the rule
As to kinds of cases:
All actions, proceedings, and incidents requiring the
reception of evidence. Except: small claims cases falling
under A.M. 08-8-7-SC.
For criminal cases:
1. Those which the maximum penalty imposable does not
exceed 6 years;
2. To their civil aspect, regardless of penalty imposed;
3. In any case where the accused agrees to the use of the
rule.
As to courts:
The Metropolitan Trial Courts, the Municipal Trial
Courts in Cities, the Municipal Trial Courts, the Municipal
Circuit Trial Courts.
Shari’a Circuit Courts, Shari’a District Courts and
the Shari’a Appellate Courts.
Regional Trial Courts.
Sandiganbayan.
Court of Tax Appeals.
Court of Appeals.
Investigating officers and bodies authorized by the
Supreme Court to receive evidence, including the
Integrated Bar of the Philippine (IBP).
Special courts and quasi-judicial bodies, whose
rules of procedure are subject to disapproval of the
Supreme Court, insofar as their existing rules of procedure
contravene the provisions of the Judicial Affidavit Rule.
Service and filing
Period to file:
Not later than five (5) days before pre-trial or preliminary
conference or the scheduled hearing with respect to
motions and incidents.
According to some legal pundits, this effectively amends
the existing rules. Under existing rules, the pre-trial brief
(PTB) must be submitted not later than 3 days before the
pre-trial. But since the general practice was to attach the
JA to the PTB, then that also means that the PTB must be
filed with the court in the same period as the JA.
Second view: Nowhere in the JAR does it say that the JA
must be attached to the PTB. So no amendment.
Modes of filing and service to other party:
Personal service;
Licensed courier service
NOTE: No mention of “service by registered mail”. Also,
“licensed courier service” not well defined by the Rules.
Formalities:
Written in the language known to the witness. If not in
English or Filipino, a translation must be attached.
Contents of the Judicial Affidavit in general:
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 LEGAL FORMS
1. Personal circumstance of the witness;
2. Identity of the lawyer who conducted or supervised
the examination of the witness including the lawyer’s
address;
3. The place where the examination was held;
4. A statement that the witness answered the
questions under oath and that the witness is aware that he 1.
may face criminal liability for false testimony or perjury;
2.
5. Signature of the witness over his printed name;
6. A jurat with the signature of the notary public who 3.
administers the oath or an officer who is authorized by law
to administer the same.
7. Attestation by the examining/supervising lawyer.
Contents of the Judicial Affidavit proper:
1. Numbered questions and answers, showing
personal knowledge of the facts that the witness is
testifying on;
2. Questions and answers that elicit facts relevant to
the issues;
3. Questions and answers that identify the attached
documentary and object evidence and establish their
authenticity in accordance with the Rules of Court.
Contents of the Attestation by the Examining/Supervising
lawyer:
1. That he faithfully recorded or caused the recording
of the questions he asked and the corresponding answers
that the witness gave;
2. Neither he nor any person then present coached
the witness regarding his answers;
3. A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law
to administer the same.
NOTE: A false attestation will subject the erring lawyer to
disciplinary actions or even disbarment.
Resort to Subpoena ad testificandum
A party may ask the court to issue a subpoena ad
testificandum against an uncooperative witness. An
uncooperative witness is one who unjustifiably refuses to
execute a JA or refuses without just cause to make
relevant books, documents, or other things under his
control available for copying, authentication, and eventual
production in court.
Except: No JA may be required against the adverse party
or a hostile witness who refuse to execute a JA for the
other party. This is because JA is not required in this case
since they can be queried with leading questions as in
cross. In this instance, follow rules of discovery on taking
witness’s deposition, but this is ex-parte.
Remedies if inadmissible evidence is introduced
through the JA by one party
The other party may:
Move to disqualify the witness;
Move to strike out the said witness’s judicial
affidavit;
Move to strike out the particular portion/ answer of
the JA.
In number 3, if granted by the court, the excluded portion
shall be enclosed in brackets with the initials of an
authorized court personnel.
Example:
Question 21: Do you know who stole the wallet of Petra
Saavedra?
Answer 21: Yes.
Question 22: Who?
Answer 22: Pedro Penduko sir.
[Question 23: How did you know?
Answer 23: Because Anna Montana told me sir.] HYC
Question 24: And who is this Anna Montana?
Answer 24: My girlfriend sir.
Remedy of a party whose JA or a portion thereof or an
evidence introduced therein is excluded
Tender of excluded evidence under Section 40 of Rule 132
of the Rules of Court.
Offer of Testimony
Rule: Counsel shall state the purpose of the JA at the start
of the presentation of the witness. It does not say that the
such purpose must be stated in the JA itself.
In actual practice and for convenience, the purpose of the
JA as well as the purpose/s of the evidence introduced
therein are stated in the JA itself.
Offer of Evidence (Documentary and Object)
After presenting the last witness (on either side), counsel
must ORALLY offer evidence. In practice though, judges,
on discretion, may still allow a written offer of evidence.
After terminating the testimony of his last witness, counsel
makes the oral offer of evidence through the following:
1. Make an oral offer of evidence;
2. Piece by piece, in their chronological order stating the
purpose/s for which he offers the particular exhibit;
3. Since the documentary or object exhibits form part of the
judicial affidavits that describe and authenticate them, it is
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 LEGAL FORMS

sufficient that such exhibits are simply cited by their Exception:

markings during the offer – dispensing with the description
He may be given one last chance to submit his JA if:
of each exhibit.
1. If the delay or non-submission is due to valid reasons;
Objections to Evidence (Documentary and Object)
2. The granting of the second chance will not unduly
After each piece of exhibit is offered, the adverse party prejudice the opposing party;
shall state the legal ground for his objection to it, if any. 3. The defaulting party pays a fine ranging from P1,000.00
The piece of evidence in point may be referred to by its to P5,000.00 at the discretion of the court.
marking.
Effect of submitting non-compliant Judicial Affidavits
The court shall then immediately make its ruling respecting
NOTE: A judicial affidavit is non-compliant if it does not
that exhibit. In ruling, the court may also refer to that
conform to the content requirements provided for by the
particular evidence by its marking.
Judicial Affidavit Rule.
Application to criminal cases
They are inadmissible.
This rule is applicable to criminal cases in the following
Except:
respect:
The party may rectify this error by submitting a compliant
1. Those which the maximum penalty imposable does not
Judicial Affidavit before the hearing or trial, provided:
exceed 6 years;
2. To their civil aspect, regardless of penalty imposed; 1. The error was due to a valid reason;
3. In any case where the accused agrees to the use of the 2. The granting of the chance to submit a compliant JA
rule. would not unduly prejudice the opposing party;
3. The erring prosecutor (private or public) shall pay a fine
NOTE: The application of the JAR is suspended as far as
ranging from P1,000.00 to P5,000.00 at the discretion of
criminal cases is concerned due to lack of manpower in the
the court.
prosecution service. Initially, the suspension was only until
December 31, 2013 but on December 10, 2013, the Effect of the absence of the witness at the scheduled
Supreme Court resolved to extend the suspension until hearing
December 31, 2014. This resolution was made public on
January 2, 2014. Court shall not consider the affidavit of the absent witness
because of the hearsay rule.
Rule in criminal cases is different:
Except: If absence is due to valid cause/s.

1. The prosecution shall submit the JA of his Effect of the absence of the counsel at the scheduled
witnesses not later than five (5) days before the pre-trial – hearing
the accused shall likewise be furnished a copy within the Right to cross-examine is deemed waived.
same period;
Except: If absence is due to valid cause/s.
2. Once the JA is received, no further JA or evidence
(object or documentary) may be admitted at the trial; Applicability to pending cases
3. On the part of the accused, it is optional for him to Rule: The JAR is applicable to pending cases.
submit a JA. If he chooses to submit a JA, then he has 10
If the case has already undergone pre-trial, the JAR is still
(ten) days from receipt of the prosecution’s JA/s within applicable to the remaining testimonies. Such remaining
which to submit his own JA – copies to be furnished by testimonies shall be heard via judicial affidavits.
the accused to the prosecutors (private and public). This is
in keeping with the accused’s right to remain silent. Also, if
the prosecution evidence is weak, then there’s no need for
him to present his evidence via the JA.

NOTE: The filing and service of JA in all cases except

criminal cases is more or less simultaneous considering
the period of filing and service. In criminal cases, the
prosecution has to file and serve its JA/s before the
accused does, if the latter chooses to.
Effect of Failure to Submit a Judicial Affidavit
The defaulting party is deemed to have waived his right to
make a submission;
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