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SECTION 1. Uniform Procedure. The procedure to e o !er"ed #$ the Metropol#t%$ Tr#%l Court!& Mu$#c#p%l Tr#%l Court! %$d Mu$#c#p%l C#rcu#t Tr#%l Court! !h%ll e the !%'e %! #$ the Re(#o$%l Tr#%l Court!& e)cept *here % p%rt#cul%r pro"#!#o$ %ppl#e! o$l+ to e#ther o, !%#d court! %$d #$ cr#'#$%l c%!e! (o"er$ed + the Re"#!ed Rule o$ Su''%r+ Procedure. -1%. Rule 123 simply says that the procedure to be observed in the MTC, MTCC and MCTC shall be the same as in the RTC. So, all the rules that we took up applies to both courts !C "T# 1.$ where a particular provision applies only to either o% said courts& and 2.$ in criminal cases 'overned by the Revised Rules on Summary "rocedure. (n the %irst e)ception, there are certain provisions that are applicable only to the RTC. )ample is the provision on bail * how to apply %or bail. (% you are denied bail, and you are char'ed with a capital o%%ense, there will be a hearin' to determine whether the evidence o% 'uilt is stron' or not. +indi man yan ma',apply sa MTC ba because the crime carries the penalty o% death which is e)clusive only %or the RTC. The second e)ception is, you do not apply the re'ular rules i% the case is 'overned by the Revised Rules on Summary "rocedure. -nd that is what we are 'oin' to review now. .# /hat criminal cases should be tried based on the Revised Rules on Summary Rules0 -# The %ollowin'# 1.$ 1iolations o% tra%%ic laws, rules and re'ulations& 2.$ 1iolations o% the rental law& 3.$ 1iolations o% municipal or city ordinances& and 2.$ -ll other criminal cases where the penalty prescribed by law %or the o%%ense char'ed does not e)ceed si) 34$ months imprisonment or a %ine o% one thousand pesos 3"1,555.55$ or both, irrespective o% other imposable penalties, accessory or otherwise, or o% the civil liability arisin' there%rom& 6.$ however, that in o%%enses involvin' dama'e to property throu'h criminal ne'li'ence, said Rule shall 'overn where the imposable %ine does not e)ceed ten thousand pesos 3"15,555.55$. So, i% it is above "15,555 it is still MTC but you %ollow the re'ular rules. .# /hat happens i% there are 2 cases which are interrelated or the char'es are interrelated %or they arose %rom the same incident0 7ike %or e)ample# 8ne case is penali9ed by %ine and another is penali9ed by 2 years imprisonment. 8nce crime is covered by Summary Rules, the other is covered by the re'ular rule. Can they be mi)ed0 -# /here there is a :oint trial o% two criminal cases, one under the summary rules and the other one is under the re'ular rules, we %ollow the re'ular rules. ;nder the last para'raph o% Section o% the Summary Rules, These rules shall not apply to a criminal case where the offense charged is necessarily related to another criminal case subject to another procedure. 8ne o% the important principles to remember here is the case o% Zaldivia and Reodica on when is the runnin' o% period o% prescription %or a crime deemed interrupted. The rulin' in <-7=(1(- vs. R > S 3211 SCR- 2??$ created the impression that as a 'eneral rule, the %ilin' o% the case in the prosecutor@s o%%ice is su%%icient to interrupt the runnin' o% the prescriptive period e)cept when the case is covered by the Rules on Summary "rocedure. (% it is any crime, you %ile it in the %iscal@s o%%ice, the runnin' o% the prescriptive period is interrupted. Aut i% it is covered by the Summary Rules, the period continues. (t must be the %ilin' o% the case in court which will interrupt. That is the rulin' in Zaldivia.
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That impression in Zaldivia was clari%ied in the 1BBC case o% R 8=(C- vs. C- 32B2 SCR- C?$ where the SC said that even i% the case is covered by the Summary Rules %or as lon' as it is a %elony under the R"C, the %ilin' in the %iscal@s o%%ice is su%%icient to interrupt the runnin' o% the prescriptive period. Aut accordin' to Zaldivia, i% it is covered by the Summary rules, the %ilin' in the %iscal@s o%%ice will not interrupt. Aut accordin' to the SC in the case o% Reodica, D8E because Zaldivia involves a violation o% municipal or city ordinance. There%ore, i% it is a violation o% an ordinance, the %ilin' in the %iscal@s o%%ice does not interrupt the runnin' o% the prescriptive period because the law on prescription %or crimes punishable by a special law is 'overned not by the R"C, but by -ct 3324 which is very clear that it is the %ilin' in court which will interrupt the prescriptive period %or crimes punishable by special laws. "ero kapa' %elony, we will still apply the 'eneral rule that the %ilin' in the %iscal@s o%%ice is su%%icient to interrupt even i% such %elony is covered by the Summary Rules. Dow, let@s 'o to the provisions o% the Summary Rules concernin' criminal cases. SEC. 11. ow commenced. The ,#l#$( o, cr#'#$%l c%!e! ,%ll#$( *#th#$ the !cope o, th#! Rule !h%ll e e#ther + co'pl%#$t or #$,or'%t#o$. Pro"#ded& ho*e"er& th%t #$ Metropol#t%$ M%$#l% %$d #$ ch%rtered c#t#e!& !uch c%!e! !h%ll e co''e$ced o$l+ + #$,or'%t#o$& e)cept *he$ the o,,e$!e c%$$ot e pro!ecuted de oficio. The co'pl%#$t or #$,or'%t#o$ !h%ll e %cco'p%$#ed + the %,,#d%"#t! o, the co'pl%#$%$t %$d o, h#! *#t$e!!e! #$ !uch $u' er o, cop#e! %! there %re %ccu!ed plu! t*o -2. cop#e! ,or the court/! ,#le!. I, th#! re0u#re'e$t #! $ot co'pl#ed *#th *#th#$ ,#"e -1. d%+! ,ro' d%te o, ,#l#$(& the c%!e! '%+ e d#!'#!!ed. .# +ow is a case covered by the Summary Rules commenced0 -# -%%idavit is included, a%%idavit o% complainant, his witnesses shall be included and then the court may dismiss the case outri'ht under Section 12 FaG and FbG, otherwise i% there is a case, the accused will be sent a copy o% the a%%idavit and then he is 'iven 15 days to submit also his own a%%idavit. Then there will be an arrai'nment under Section 13& "reliminary con%erence under Section 12. -nd Section 16 is important * durin' the trial, there is D8 =(R CT !-M(D-T(8D. The a%%idavit already serves as your direct testimony. So puro cross,e)amination na lan'. =iretsoE So, it is shortened Hno0 Rather than askin' the witness one by one to tell the story in the a%%idavit, yan' a%%idavit na mismo. That will serve as the direct testimony. (ko, cross,e)amine na lan'. Aut there is an important rule here * a witness who has not submitted any a%%idavit cannot testi%y. So in order to Iuali%y as a witness, you must have submitted an a%%idavit be%orehand. The !C "T(8D is the 2nd para'raph o% Section 16 * e)cept when the witness is a rebuttal witness or a surrebuttal witness. This is because how can you submit a rebuttal a%%idavit ahead0 >ou do not even know what to rebut. -D8T+ R !C "T(8D is cited by the SC in the case o% 2ALA3ON& 4R. vs. OCAMPO 215 SCRA 13 NOTE6 Dormally, in physical in:uries cases, the medical doctor is reIuired to testi%y. 7ACTS# (n this case, the doctor was subpoenaed to testi%y and the de%ense ob:ected because they said that the doctor has no a%%idavit and under the rules, no person may testi%y without submittin' an a%%idavit. HELD# /hen the doctor is called upon to testi%y based on the medical certi%icate, the rule as to the prior submission o% a%%idavit does not apply. This also applies to the Re'ister o% =eeds or the "rovincial -ssessors in connection with o%%icial documents issued by their o%%ice. Dow, i% you have a surprise witness and you want to introduce him because his testimony is very important, the remedy is to %ile a motion to present additional evidence. The last para'raph o% Section 16 'ives you the
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authority to mani%est durin' the preliminary con%erence that you are presentin' other witnesses, and you are now submittin' their a%%idavits in order that you will not be barred %rom presentin' them. SEC. 18. !rrest of accused. The court !h%ll $ot order the %rre!t o, the %ccu!ed e)cept ,or ,%#lure to %ppe%r *he$e"er re0u#red. Rele%!e o, the per!o$ %rre!ted !h%ll e#ther e o$ %#l or o$ reco($#9%$ce + re!po$!# le c#t#9e$ %ccept% le to the court. Section 14 is also important. -s a rule, there is no warrant o% arrest i% you are tried under the Summary Rules. >ou are :ust noti%ied about the case. +owever, i% you are noti%ied about the case and you will not appear, that is the time when you will be arrested because o% e"cept for failure to appear whenever re#uired in which case you must post bail i% you are under arrest or on reco'ni9ance by a responsible citi9en acceptable to the court. This is one o% the cases where reco'ni9ance is allowed. Aut %or as lon' as you appear in court, there is no warrant to be issued. .# Dow, what are the "R8+(A(T = documents, motions, or pleadin's under the Summary Rules0 -# The %ollowin' 3;nder Section 1B$# 1.$ Motion to Iuash e)cept when your 'round is a.$ lack o% :urisdiction over the sub:ect matter& or b.$ %ailure to comply with the Aaran'ay Conciliation& 2.$ Motion %or bill o% particulars& 3.$ Motion %or new trial, or %or reconsideration o% a :ud'ment, or %or reopenin' o% trial& your remedy here is appeal& 2.$ "etition %or relie% %rom :ud'ement& 6.$ Motion %or e)tension o% time to %ile an a%%idavit& 4.$ Memoranda& ?.$ "etition %or certiorari, mandamus, or prohibition a'ainst any interlocutory orders issued by the court& C.$ Motion to declare the de%endant in de%ault& B.$ =ilatory motions postponements& 15.$Reply& 11.$Third,party complaints& 12.$(nterventions& So that will be all on Summary "rocedure. editor$in$chief% 'ort'ort editors: :%+cee elle %l#te ; :<: torre! ; '#ch%el peloto$ ; '%+#$( d%dul% ; :e!!%'+$ %(u!t#$ ; l+le !%$to! ; p%ul r+%$ o$(=#$(co ; d+$$ (ut#erre9 ; '%+% 0u#t%#$ ; r#e9l loc!#$ ; p%tr#c= t% %r ; '%r#te!! (o$9%le! ; '%r#cel culp% le ; =e$$eth le+"% ; :e$$+ $%'oc ; ,erd#$%$d "#do ; 'el#!!% !u%re9 ; r%+d% !ull%$o ; rucel c%+et%$o ; rod 0u#%cho$ ; h%$$%h e)%'e$ ; '+r% 'o$tec%l"o ; (e$#e !%l"%>% ; (r%ce !%le!% J leo (#lle!%$#% ; (e''% eto$#o ; :e$$+ %0u#%t%$ ; '#ch%el p#to J =%re$ de leo$ ; el'% tor'o$ ; :udee u+ ; p%o %$(ele! ; :et p%!cu% ; contributing editors% % %$( %ldo9% ; '%rlo '%!%$(=%+
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