Rule 123 Procedure in MTC

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Review on the 2000 Revised Rules on Criminal

Procedure 2002 Edition

Rule 123 Procedurein the

Municipal TrialCourts

Rule 123

PROCEDURE IN THEMUNICIPAL TRIAL COURTS

SECTION 1. Uniform Procedure. The procedure to be observed in the

Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial

Courts shall be the same as in the Regional Trial Courts, except where a

particular provision applies only to either of said courts and in criminal

cases governed by the Revised Rule on Summary Procedure. (1a)

Rule 123 simply says that the procedure to be observed in the MTC, MTCC and MCTCshall be the same as in the RTC. So, all the rules that we took up applies to both courtsEXCEPT:

1.) where a particular provision applies only to either of said courts; and2.) in criminal cases governed by the Revised Rules on Summary Procedure.

In the first exception, there are certain provisions that are applicable only to the RTC.Example is the provision on bail how to apply for bail. If you are denied bail, and you arecharged with a capital offense, there will be a hearing to determine whether the evidenceof guilt is strong or not. Hindi man yan mag-apply sa MTC ba because the crime carries thepenalty of death which is exclusive only for the RTC.

The second exception is, you do not apply the regular rules if the case is governed bythe Revised Rules on Summary Procedure. And that is what we are going to review now.

Q: What criminal cases should be tried based on the Revised Rules on Summary Rules?A: The following:1.) Violations of traffic laws, rules and regulations;2.) Violations of the rental law;3.) Violations of municipal or city ordinances; and4.) All other criminal cases where the penalty prescribed by law for the offense

charged does not exceed six (6) months imprisonment or a fine of one thousandpesos (P1,000.00) or both, irrespective of other imposable penalties, accessoryor otherwise, or of the civil liability arising therefrom;

5.) however, that in offenses involving damage to property through criminalnegligence, said Rule shall govern where the imposable fine does not exceed tenthousand pesos (P10,000.00). So, if it is above P10,000 it is still MTC but you

follow the regular rules.

Q: What happens if there are 2 cases which are interrelated or the charges areinterrelated for they arose from the same incident? Like for example: One case ispenalized by fine and another is penalized by 4 years imprisonment. Once crime iscovered by Summary Rules, the other is covered by the regular rule. Can they be mixed?

A: Where there is a joint trial of two criminal cases, one under the summary rules andthe other one is under the regular rules, we follow the regular rules. Under the lastparagraph of Section of the Summary Rules, These rules shall not apply to a criminalcase where the offense charged is necessarily related to another criminal case subject toanother procedure.

One of the important principles to remember here is the case ofZaldivia and Reodicaon when is the running of period of prescription for a crime deemed interrupted. Theruling in ZALDIVIA vs. REYES (211 SCRA 277) created the impression that as a generalrule, the filing of the case in the prosecutors office is sufficient to interrupt the running ofthe prescriptive period except when the case is covered by the Rules on SummaryProcedure. If it is any crime, you file it in the fiscals office, the running of the prescriptive

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period is interrupted. But if it is covered by the Summary Rules, the period continues. Itmust be the filing of the case in court which will interrupt. That is the ruling in Zaldivia.

That impression inZaldivia was clarified in the 1998 case of REODICA vs. CA (292 SCRA

87) where the SC said that even if the case is covered by the Summary Rules for as longas it is a felony under the RPC, the filing in the fiscals office is sufficient to interrupt therunning of the prescriptive period.

But according toZaldivia, if it is covered by the Summary rules, the filing in the fiscalsoffice will not interrupt. But according to the SC in the case of Reodica, NO! because

Zaldivia involves a violation of municipal or city ordinance. Therefore, if it is a violation ofan ordinance, the filing in the fiscals office does not interrupt the running of theprescriptive period because the law on prescription for crimes punishable by a special lawis governed not by the RPC, but by Act 3326 which is very clear that it is the filing in courtwhich will interrupt the prescriptive period for crimes punishable by special laws. Perokapag felony, we will still apply the general rule that the filing in the fiscals office issufficient to interrupt even if such felony is covered by the Summary Rules.

Now, lets go to the provisions of the Summary Rules concerning criminal cases.

SEC. 11. How commenced. The filing of criminal cases falling within the

scope of this Rule shall be either by complaint or 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.

The complaint or information shall be accompanied by the affidavits of the

complainant and of his witnesses in such number of copies as there are accused

plus two (2) copies for the courts files. If this requirement is not complied

with within five (5) days from date of filing, the cases may be dismissed.

Q: How is a case covered by the Summary Rules commenced?A: Affidavit is included, affidavit of complainant, his witnesses shall be included and

then the court may dismiss the case outright under Section 12 [a] and [b], otherwise ifthere is a case, the accused will be sent a copy of the affidavit and then he is given 10days to submit also his own affidavit.

Then there will be an arraignment under Section 13; Preliminary conference underSection 14. And Section 15 is important during the trial, there is NO DIRECTEXAMINATION. The affidavit already serves as your direct testimony. So puro cross-examination na lang. Diretso! So, it is shortened no? Rather than asking the witness oneby one to tell the story in the affidavit, yang affidavit na mismo. That will serve as the

direct testimony. Iko-cross-examine na lang.

But there is an important rule here a witness who has not submitted any affidavitcannot testify. So in order to qualify as a witness, you must have submitted an affidavitbeforehand. The EXCEPTION is the 2nd paragraph of Section 15 except when the witnessis a rebuttal witness or a surrebuttal witness. This is because how can you submit arebuttal affidavit ahead? You do not even know what to rebut. ANOTHER EXCEPTION iscited by the SC in the case of

BALAYON, JR. vs. OCAMPO218 SCRA 13

NOTE: Normally, in physical injuries cases, the medical doctor is required totestify.FACTS: In this case, the doctor was subpoenaed to testify and the defense

objected because they said that the doctor has no affidavit and under the rules,no person may testify without submitting an affidavit.

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HELD: When the doctor is called upon to testify based on the medicalcertificate, the rule as to the prior submission of affidavit does not apply. Thisalso applies to the Register of Deeds or the Provincial Assessors in connectionwith official documents issued by their office.

Now, if you have a surprise witness and you want to introduce him because histestimony is very important, the remedy is to file a motion to present additional evidence.

The last paragraph of Section 15 gives you the authority to manifest during thepreliminary conference that you are presenting other witnesses, and you are nowsubmitting their affidavits in order that you will not be barred from presenting them.

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 responsible citizen acceptable to the

court.

Section 16 is also important. As a rule, there is no warrant of arrest if you are triedunder the Summary Rules. You are just notified about the case. However, if you arenotified about the case and you will not appear, that is the time when you will be arrestedbecause ofexcept for failure to appear whenever required in which case you must postbail if you are under arrest or on recognizance by a responsible citizen acceptable to thecourt. This is one of the cases where recognizance is allowed. But for as long as youappear in court, there is no warrant to be issued.

Q: Now, what are the PROHIBITED documents, motions, or pleadings under theSummary Rules?

A: The following (Under Section 19):

1.) Motion to quash except when your ground isa.) lack of jurisdiction over the subject matter; orb.) failure to comply with the Barangay Conciliation;

2.) Motion for bill of particulars;3.) Motion for new trial, or for reconsideration of a judgment, or for reopening of

trial; your remedy here is appeal;4.) Petition for relief from judgement;5.) Motion for extension of time to file an affidavit;6.) Memoranda;7.) Petition for certiorari, mandamus, or prohibition against any interlocutory

orders issued by the court;

8.) Motion to declare the defendant in default;9.) Dilatory motions postponements;10.) Reply;11.) Third-party complaints;12.) Interventions;

So that will be all on Summary Procedure.

editor-in-chief: mortmort editors: jayceebelle balite j-j torres michael peloton maying dadula jessamynagustin lyle santos paul ryan ongkingco dynn gutierrez maya quitain riezl locsin patrick tabar

maritess gonzales maricel culpable kenneth leyva jenny namoc ferdinand vido melissa suarez rayda sullano rucel cayetano rod quiachon hannah examen myra montecalvo genie salvaa grace

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salesa leo gillesania gemma betonio jenny aquiatan michael pito karen de leon elma tormon judee uy pao angeles jet pascua contributing editors: babang baldoza marlo masangkay

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Rule 123 Procedure in MTC

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