CHAPTER VII of R.A.

7160 otherwise known as The Local Government Code (a) There shall be constituted for each dispute brought before the lupon a
Katarungang Pambarangay conciliation panel to be known as the pangkat ng tagapagkasundo,
hereinafter referred to as the pangkat, consisting of three (3) members
who shall be chosen by the parties to the dispute from the list of members
Section 399. Lupong Tagapamayapa. -
of the lupon.

(a) There is hereby created in each barangay a lupong tagapamayapa,

Should the parties fail to agree on the pangkat membership, the same
hereinafter referred to as the lupon, composed of the punong barangay,
shall be determined by lots drawn by the lupon chairman.
as chairman and ten (10) to twenty (20) members. The lupon shall be
constituted every three (3) years in the manner provided herein.
(b) The three (3) members constituting the pangkat shall elect from among
themselves the chairman and the secretary. The secretary shall prepare
(b) Any person actually residing or working, in the barangay, not otherwise
the minutes of the pangkat proceedings and submit a copy duly attested
expressly disqualified by law, and possessing integrity, impartiality,
to by the chairman to the lupon secretary and to the proper city or
independence of mind, sense of fairness, and reputation for probity, may
municipal court. He shall issue and cause to be served notices to the
be appointed a member of the lupon.
parties concerned.

(c) A notice to constitute the lupon, which shall include the names of
The lupon secretary shall issue certified true copies of any public record in
proposed members who have expressed their willingness to serve, shall
his custody that is not by law otherwise declared confidential.
be prepared by the punong barangay within the first fifteen (15) days from
the start of his term of office. Such notice shall be posted in three (3)
conspicuous places in the barangay continuously for a period of not less Section 405. Vacancies in the Pangkat. - Any vacancy in the pangkat shall be chosen
than three (3) weeks; by the parties to the dispute from among the other lupon members. Should the parties
fail to agree on a common choice, the vacancy shall be filled by lot to be drawn by the
lupon chairman.
(d) The punong barangay, taking into consideration any opposition to the
proposed appointment or any recommendations for appointment as may
have been made within the period of posting, shall within ten (10) days Section 406. Character of Office and Service of Lupon Members. -
thereafter, appoint as members those whom he determines to be suitable
therefor. Appointments shall be in writing, signed by the punong barangay,
(a) The lupon members, while in the performance of their official duties or
and attested to by the barangay secretary.
on the occasion thereof, shall be deemed as persons in authority, as
defined in the Revised Penal Code.
(e) The list of appointed members shall be posted in three (3) conspicuous
places in the barangay for the entire duration of their term of office; and
(b) The lupon or pangkat members shall serve without compensation,
except as provided for in Section 393 and without prejudice to incentives
(f) In barangays where majority of the inhabitants are members of as provided for in this Section and in Book IV of this Code. The
indigenous cultural communities, local systems of settling disputes Department of the Interior and Local Government shall provide for a
through their councils of datus or elders shall be recognized without system of granting economic or other incentives to the lupon or pangkat
prejudice to the applicable provisions of this Code. members who adequately demonstrate the ability to judiciously and
expeditiously resolve cases referred to them. While in the performance of
their duties, the lupon or pangkat members, whether in public or private
Section 400. Oath and Term of Office. - Upon appointment, each lupon member shall
employment, shall be deemed to be on official time, and shall not suffer
take an oath of office before the punong barangay. He shall hold office until a new
from any diminution in compensation or allowance from said employment
lupon is constituted on the third year following his appointment unless sooner
by reason thereof.
terminated by resignation, transfer of residence or place of work, or withdrawal of
appointment by the punong barangay with the concurrence of the majority of all the
members of the lupon. Section 407. Legal Advice on Matters Involving Questions of Law. - The provincial,
city legal officer or prosecutor or the municipal legal officer shall render legal advice on
matters involving questions of law to the punong barangay or any lupon or pangkat
Section 401. Vacancies. - Should a vacancy occur in the lupon for any cause, the
member whenever necessary in the exercise of his functions in the administration of
punong barangay shall immediately appoint a qualified person who shall hold office
the katarungang pambarangay.
only for the unexpired portion of the term.

Section 408. Subject Matter for Amicable Settlement; Exception Thereto. - The lupon
Section 402. Functions of the Lupon. - The lupon shall:
of each barangay shall have authority to bring together the parties actually residing in
the same city or municipality for amicable settlement of all disputes except:
(a) Exercise administrative supervision over the conciliation panels
provided herein;
(a) Where one party is the government, or any subdivision or
instrumentality thereof;
(b) Meet regularly once a month to provide a forum for exchange of ideas
among its members and the public on matters relevant to the amicable
(b) Where one party is a public officer or employee, and the dispute
settlement of disputes, and to enable various conciliation panel members
relates to the performance of his official functions;
to share with one another their observations and experiences in effecting
speedy resolution of disputes; and
(c) Offenses punishable by imprisonment exceeding one (1) year or a fine
exceeding Five thousand pesos (P5,000.00);
(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance.
(d) Offenses where there is no private offended party;
Section 403. Secretary of the Lupon. - The barangay secretary shall concurrently
serve as the secretary of the lupon. He shall record the results of mediation (e) Where the dispute involves real properties located in different cities or
proceedings before the punong barangay and shall submit a report thereon to the municipalities unless the parties thereto agree to submit their differences
proper city or municipal courts. He shall also receive and keep the records of to amicable settlement by an appropriate lupon;
proceedings submitted to him by the various conciliation panels.
(f) Disputes involving parties who actually reside in barangays of different
Section 404. Pangkat ng Tagapagkasundo. - cities or municipalities, except where such barangay units adjoin each
 other and the parties thereto agree to submit their differences to amicable
settlement by an appropriate lupon;
(g) Such other classes of disputes which the President may determine in
the interest of Justice or upon the recommendation of the Secretary of
Justice.
The court in which non-criminal cases not falling within the authority of the
lupon under this Code are filed may, at any time before trial motu propio
refer the case to the lupon concerned for amicable settlement.
Section 409. Venue. -
(a) Disputes between persons actually residing in the same barangay
shall be brought for amicable settlement before the lupon of said
barangay.
affirmative vote of the majority of the pangkat whose decision shall be
final. Should disqualification be decided upon, the resulting vacancy shall
be filled as herein provided for.
(e) Period to arrive at a settlement - The pangkat shall arrive at a
settlement or resolution of the dispute within fifteen (15) days from the day
it convenes in accordance with this section. This period shall, at the
discretion of the pangkat, be extendible for another period which shall not
exceed fifteen (15) days, except in clearly meritorious cases.
Section 411. Form of settlement. - All amicable settlements shall be in writing, in a
language or dialect known to the parties, signed by them, and attested to by the lupon
chairman or the pangkat chairman, as the case may be. When the parties to the
dispute do not use the same language or dialect, the settlement shall be written in the
language known to them.
Section 412. Conciliation. -

(b) Those involving actual residents of different barangays within the same
(a) Pre-condition to Filing of Complaint in Court. - No complaint, petition,
city or municipality shall be brought in the barangay where the respondent
action, or proceeding involving any matter within the authority of the lupon
or any of the respondents actually resides, at the election of the complaint.
shall be filed or instituted directly in court or any other government office
for adjudication, unless there has been a confrontation between the
(c) All disputes involving real property or any interest therein shall be parties before the lupon chairman or the pangkat, and that no conciliation
brought in the barangay where the real property or the larger portion or settlement has been reached as certified by the lupon secretary or
thereof is situated. pangkat secretary as attested to by the lupon or pangkat chairman or
unless the settlement has been repudiated by the parties thereto.
(d) Those arising at the workplace where the contending parties are
employed or at the institution where such parties are enrolled for study, (b) Where Parties May Go Directly to Court. - The parties may go directly
shall be brought in the barangay where such workplace or institution is to court in the following instances:
located.
(1) Where the accused is under detention;
Objections to venue shall be raised in the mediation proceedings before
the punong barangay; otherwise, the same shall be deemed waived. Any
(2) Where a person has otherwise been deprived of personal
legal question which may confront the punong barangay in resolving
liberty calling for habeas corpus proceedings;
objections to venue herein referred to may be submitted to the Secretary
of Justice, or his duly designated representative, whose ruling thereon
shall be binding. (3) Where actions are coupled with provisional remedies such
as preliminary injunction, attachment, delivery of personal
property and support pendente lite; and
Section 410. Procedure for Amicable Settlement. -

(4) Where the action may otherwise be barred by the statute

(a) Who may initiate proceeding - Upon payment of the appropriate filing
of limitations.
fee, any individual who has a cause of action against another individual
involving any matter within the authority of the lupon may complain, orally
or in writing, to the lupon chairman of the barangay. (c) Conciliation among members of indigenous cultural communities. - The
customs and traditions of indigenous cultural communities shall be applied
in settling disputes between members of the cultural communities.
(b) Mediation by lupon chairman - Upon receipt of the complaint, the lupon
chairman shall within the next working day summon the respondent(s),
with notice to the complainant(s) for them and their witnesses to appear Section 413. Arbitration. -
before him for a mediation of their conflicting interests. If he fails in his
mediation effort within fifteen (15) days from the first meeting of the parties
(a) The parties may, at any stage of the proceedings, agree in writing that
before him, he shall forthwith set a date for the constitution of the pangkat
they shall abide by the arbitration award of the lupon chairman or the
in accordance with the provisions of this Chapter.
pangkat. Such agreement to arbitrate may be repudiated within five (5)
days from the date thereof for the same grounds and in accordance with
(c) Suspension of prescriptive period of offenses - While the dispute is the procedure hereinafter prescribed. The arbitration award shall be made
under mediation, conciliation, or arbitration, the prescriptive periods for after the lapse of the period for repudiation and within ten (10) days
offenses and cause of action under existing laws shall be interrupted upon thereafter.
filing the complaint with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of the complainant or the
(b) The arbitration award shall be in writing in a language or dialect known
certificate of repudiation or of the certification to file action issued by the
to the parties. When the parties to the dispute do not use the same
lupon or pangkat secretary: Provided, however, That such interruption
language or dialect, the award shall be written in the language or dialect
shall not exceed sixty (60) days from the filing of the complaint with the
known to them.
punong barangay.

Section 414. Proceedings Open to the Public; Exception. - All proceedings for
(d) Issuance of summons; hearing; grounds for disqualification - The
settlement shall be public and informal: Provided, however, That the lupon chairman or
pangkat shall convene not later than three (3) days from its constitution,
the pangkat chairman, as the case may be, may motu proprio or upon request of a
on the day and hour set by the lupon chairman, to hear both parties and
party, exclude the public from the proceedings in the interest of privacy, decency, or
their witnesses, simplify issues, and explore all possibilities for amicable
public morals.
settlement. For this purpose, the pangkat may issue summons for the
personal appearance of parties and witnesses before it. In the event that a
party moves to disqualify any member of the pangkat by reason of Section 415. Appearance of Parties in Person. - In all katarungang pambarangay
relationship, bias, interest, or any other similar grounds discovered after proceedings, the parties must appear in person without the assistance of counsel or
the constitution of the pangkat, the matter shall be resolved by the
representative, except for minors and incompetents who may be assisted by their next- Courts, and the Municipal Circuit Trial Courts in the
of-kin who are not lawyers.
following cases falling within their
jurisdiction:chanroblesvirtuallawlibrary
Section 416. Effect of Amicable Settlement and Arbitration Award. - The amicable
settlement and arbitration award shall have the force and effect of a final judgment of a
court upon the expiration of ten (10) days from the date thereof, unless repudiation of A. Civil Cases:chanroblesvirtuallawlibrary
the settlement has been made or a petition to nullify the award has been filed before
the proper city or municipal court.
(1) All cases of forcible entry and unlawful detainer,
However, this provision shall not apply to court cases settled by the lupon under the
irrespective of the amount of damages or unpaid
last paragraph of Section 408 of this Code, in which case the compromise or the
pangkat chairman shall be submitted to the court and upon approval thereof, have the rentals sought to be recovered. Where attorney's fees
force and effect of a judgment of said court. are awarded, the same shall not exceed twenty
thousand pesos (P20,000.00).
Section 417. Execution. - The amicable settlement or arbitration award may be (2) All other civil cases, except probate proceedings,
enforced by execution by the lupon within six (6) months from the date of the
where the total amount of the plaintiff's claim does not
settlement. After the lapse of such time, the settlement may be enforced by action in
the appropriate city or municipal court. exceed ten thousand pesos (P10,000.00), exclusive of
interest and costs.chanrobles virtual law
Section 418. Repudiation. - Any party to the dispute may, within ten (10) days from library chanrobles virtual law library
the date of the settlement, repudiate the same by filing with the lupon chairman a
statement to that effect sworn to before him, where the consent is vitiated by fraud,
B. Criminal Cases:chanroblesvirtuallawlibrary
violence, or intimidation. Such repudiation shall be sufficient basis for the issuance of
the certification for filing a complaint as hereinabove provided.

(1) Violations of traffic laws, rules and

Section 419. Transmittal of Settlement and Arbitration. - Award to the Court. - The
secretary of the lupon shall transmit the settlement or the arbitration award to the regulations; chanrobles virtual law library
appropriate city or municipal court within five (5) days from the date of the award or (2) Violations of the rental law; chanrobles virtual law
from the lapse of the ten-day period repudiating the settlement and shall furnish copies
library
thereof to each of the parties to the settlement and the lupon chairman.
(3) Violations of municipal or city
Section 420. Power to Administer Oaths. - The punong barangay, as chairman of the ordinances; chanrobles virtual law library
lupong tagapamayapa, and the members of the pangkat are hereby authorized to (4) All other criminal cases where the penalty
administer oaths in connection with any matter relating to all proceedings in the prescribed by law for the offense charged is
implementation of the katarungang pambarangay.
imprisonment not exceeding six months, or a fine not
exceeding (P1,000.00), or both, irrespective of other
Section 421. Administration; Rules and Regulations. - The city or municipal mayor, as
the case may be, shall see to the efficient and effective implementation and imposable penalties, accessory or otherwise, or of the
administration of the katarungang pambarangay. The Secretary of Justice shall civil liability arising therefrom: Provided, however, that
promulgate the rules and regulations necessary to implement this Chapter. in offenses involving damage to property through
criminal negligence, this Rule shall govern where the
Section 422. Appropriations. - Such amount as may be necessary for the effective imposable fine does not exceed ten thousand pesos
implementation of the katarungang pambarangay shall be provided for in the annual
budget of the city or municipality concerned. (P10,000.00).
This Rule shall not apply to a civil case where the
------------------------------------------------------------------------------------------------------ plaintiffs cause of action is pleaded in the same
complaint with another cause of action subject to the
RESOLUTION OF THE COURT EN BANC DATED OCTOBER ordinary procedure; nor to a criminal case where the
15, 1991 PROVIDING FOR THE REVISED RULE ON offense charged is necessarily related to another
SUMMARY PROCEDURE FOR METROPOLITAN TRIAL criminal case subject to the ordinary
COURTS, MUNICIPAL TRIAL COURTS IN CITIES, procedure.chanrobles virtual law library chanrobles
MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT virtual law library
TRIAL COURTS. Sec. 2. Determination of applicability. — Upon the filing
of a civil or criminal action, the court shall issue an
order declaring whether or not the case shall be
Pursuant to Section 36 of the Judiciary Reorganization governed by this Rule A patently erroneous
Act of 1980 (B.P Blg. 129) and to achieve an determination to avoid the application of the Rule on
expeditious and inexpensive determination of the cases Summary Procedure is a ground for disciplinary
referred to herein, the Court Resolved to promulgate action.chanrobles virtual law library chanrobles virtual
the following Revised Rule on Summary law library
Procedure:chanroblesvirtuallawlibrary II.
Civil Cases
I.
Sec. 3. Pleadings. —
Applicability
A. Pleadings allowed. — The only pleadings allowed to
Section 1. Scope. — This rule shall govern the
be filed are the complaints, compulsory counterclaims
summary procedure in the Metropolitan Trial Courts,
and cross-claims' pleaded in the answer, and the
the Municipal Trial Courts in Cities, the Municipal Trial
answers thereto.
B. Verifications. — All pleadings shall be verified.
Sec. 4. Duty of court. — After the court determines
that the case falls under summary procedure, it may,
from an examination of the allegations therein and
such evidence as may be attached thereto, dismiss the
case outright on any of the grounds apparent
therefrom for the dismissal of a civil action. If no
ground for dismissal is found it shall forthwith issue
summons which shall state that the summary
procedure under this Rule shall apply. d-c chanrobles
virtual law library
Sec. 5. Answer. — Within ten (10) days from service of
summons, the defendant shall file his answer to the
complaint and serve a copy thereof on the plaintiff.
Affirmative and negative defenses not pleaded therein
shall be deemed waived, except for lack of jurisdiction
over the subject matter. Cross-claims and compulsory
counterclaims not asserted in the answer shall be
considered barred. The answer to counterclaims or
cross-claims shall be filed and served within ten (10)
days from service of the answer in which they are
pleaded.chanrobles virtual law library chanrobles virtual
law library
Sec. 6. Effect of failure to answer. — Should the
defendant fail to answer the complaint within the
period above provided, the court, motu proprio, or on
motion of the plaintiff, shall render judgment as may
be warranted by the facts alleged in the complaint and
limited to what is prayed for therein: Provided,
however, that the court may in its discretion reduce the
amount of damages and attorney's fees claimed for
being excessive or otherwise unconscionable. This is
without prejudice to the applicability of Section 4, Rule
15 of the Rules of Court, if there are two or more
defendants.
Sec. 7. Preliminary conference; appearance of parties.
— Not later than thirty (30) days after the last answer
is filed, a preliminary conference shall be held. The
rules on pre-trial in ordinary cases shall be applicable
to the preliminary conference unless inconsistent with
the provisions of this Rule.chanrobles virtual law
library chanrobles virtual law library
The failure of the plaintiff to appear in the preliminary
conference shall be a cause for the dismissal of his
complaint. The defendant who appears in the absence
of the plaintiff shall be entitled to judgment on his
counterclaim in accordance with Section 6 hereof. All
cross-claims shall be dismissed.
If a sole defendant shall fail to appear, the plaintiff
shall be entitled to judgment in accordance with
Section 6 hereof. This Rule shall not apply where one of
two or more defendants sued under a common cause of
action who had pleaded a common defense shall
appear at the preliminary conference.
Sec. 8. Record of preliminary conference. — Within
five (5) days after the termination of the preliminary
conference, the court shall issue an order stating the
matters taken up therein, including but not limited
to:chanroblesvirtuallawlibrary
(a) Whether the parties have arrived at an amicable
settlement, and if so, the terms thereof;
(b) The stipulations or admissions entered into by the
parties;.
(c) Whether, on the basis of the pleadings and the
stipulations and admissions made by the parties,
judgment may be rendered without the need of further
proceedings, in which event the judgment shall be
rendered within thirty (30) days from issuance of the
order;
(d) A clear specification of material facts which remain
controverted; and chanrobles virtual law library
(e) Such other matters intended to expedite the
disposition of the case.chanrobles virtual law
librarychanrobles virtual law library
Sec. 9. Submission of affidavits and position papers. —
Within ten (10) days from receipt of the order
mentioned in the next preceding section, the parties
shall submit the affidavits of their witnesses and other
evidence on the factual issues defined in the order,
together with their position papers setting forth the
law and the facts relied upon by them.chanrobles
virtual law library chanrobles virtual law library
Sec. 10. Rendition of judgment. — Within thirty (30)
days after receipt of the last affidavits and position
papers, or the expiration of the period for filing the
same, 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 affidavits or other
evidence on the said matters within ten (10) days from
receipt of said order. Judgment shall be rendered
within fifteen (15) days after the receipt of the last
clarificatory 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.
III.
Criminal Cases
Sec. 11. How commenced. — The filing of criminal
cases falling within the scope of this Rule shall be
either by complaint or by information: Provided,
however, that in Metropolitan Manila and in Chartered
Cities. such cases shall be commenced only by
information, except when the offense cannot be
prosecuted de oficio. chanrobles virtual law library
The complaint or information shall be accompanied by
the affidavits of the compliant and of his witnesses in
such number of copies as there are accused plus two
(2) copies for the court's files.If this requirement is not
complied with within five (5) days from date of filing,
the care may be dismissed.chanrobles virtual law
library chanrobles virtual law library
Sec. 12. Duty of court. — chanrobles virtual law library
(a) If commenced by compliant. — On the basis of the
compliant and the affidavits and other evidence
accompanying the same, the court may dismiss the
case outright for being patently without basis or merit
and order the release of the amused if in custody.
(b) If commenced by information. — When the case is
commenced by information, or is not dismissed
pursuant to the next preceding paragraph, the court
shall issue an order which, together with copies of the
affidavits and other evidence submitted by the
prosecution, shall require the accused to submit his
counter-affidavit and the affidavits of his witnesses as
well as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not later than
ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10)
days after receipt of the counter-affidavits of the
defense.
Sec. 13. Arraignment and trial. — Should the court,
upon a consideration of the complaint or information
and the affidavits submitted by both parties, find no
cause or ground to hold the accused for trial, it shall
order the dismissal of the case; otherwise, the court
shall set the case for arraignment and trial.
If the accused is in custody for the crime charged, he
shall be immediately arraigned and if he enters a plea
of guilty, he shall forthwith be sentenced.chanrobles
virtual law library chanrobles virtual law library
Sec. 14. Preliminary conference. — Before conducting
the trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused
to enter a plea of guilty to a lesser offense may be
considered, or such other matters may be taken up to
clarify the issues and to ensure a speedy disposition of
the case.However, no admission by the accused shall
be used against him unless reduced to writing and
signed by the accused and his counsel.A refusal or
failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the
affidavits submitted by the parties shall constitute the
direct testimonies of the witnesses who executed the
same. Witnesses who testified may be subjected to
cross-examination, redirect or re-cross examination.
Should the affiant fail to testify, his affidavit shall not
be considered as competent evidence for the party
presenting the affidavit, but the adverse party may
utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be
allowed to testify unless his affidavit was previously
submitted to the court in accordance with Section 12
hereof.chanrobles virtual law library chanrobles virtual
law library
However, should a party desire to present additional
affidavits or counter-affidavits as part of his direct
evidence, he shall so manifest during the preliminary
conference, stating the purpose thereof. If allowed by
the court, the additional affidavits of the prosecution or
the counter-affidavits of the defense shall be submitted
to the court and served on the adverse party not later
than three (3) days after the termination of the
preliminary conference. If the additional affidavits are
presented by the prosecution, the accused may file his
counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order
the arrest of the accused except for failure to appear
whenever required. Release of the person arrested
shall either be on bail or on recognizance by a
responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been
conducted, the court shall promulgate the judgment
not later than thirty (30) days after the termination of
trial.chanrobles virtual law library chanrobles virtual law
library
IV.
COMMON PROVISIONS
Sec. 18. Referral to Lupon. — Cases requiring referral
to the Lupon for conciliation under the provisions of
Presidential Decree No. 1508 where there is no
showing of compliance with such requirement, shall be
dismissed without prejudice and may be revived only
after such requirement shall have been complied
with. This provision shall not apply to criminal cases
where the accused was arrested without a
warrant.chanrobles virtual law library chanrobles virtual
law library
Sec. 19. Prohibited pleadings and motions. — The
following pleadings, motions or petitions shall not be
allowed in the cases covered by this Rule:chanrobles
virtual law library
(a) 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;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings,
affidavits or any other paper; chanrobles virtual law library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
(h) Motion to declare the defendant in
default; chanrobles virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be
submitted under this Rule shall state only facts of
direct personal knowledge of the affiants which are
admissible in evidence, and shall show their
competence to testify to the matters stated therein.
A violation of this requirement may subject the party or
the counsel who submits the same to disciplinary
action, and shall be cause to expunge the inadmissible
affidavit or portion thereof from the record.chanrobles
virtual law library chanrobles virtual law library
Sec. 21. Appeal. — The judgment or final order shall
be appealable to the appropriate regional trial court
which shall decide the same in accordance with Section
22 of Batas Pambansa Blg. 129. The decision of the
regional trial court in civil cases governed by this Rule,
including forcible entry and unlawful detainer, shall be
immediately executory, without prejudice to a further
appeal that may be taken therefrom. Section 10 of
Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. — The
regular procedure prescribed in the Rules of Court shall
apply to the special cases herein provided for in a
suppletory capacity insofar as they are not inconsistent
herewith. chanrobles virtual law library
Sec. 23. Effectivity. — This revised Rule on Summary
Procedure shall be effective on November 15, 1991.