JDR and CAM

The court will refer the case to cap

Court annex mediation will be presided by mediator
Parties will appear before the mediator, lawyers may or may not
As much as possible only the parties concerned
The period is 30 days extendible to another 30days
2 aspects: Criminal action and civil action
Subject matter of mediation civil
Criminal cannot be compromised
Assuming the accused charged of bp 22
Subject matter value of check i.e. assuming 100K
Mediation parties agree payable in 10 month installments = 10k per month
Mediator will execute compromise agreement detailing agreement (time, amount, etc)
Compromise agreement shall be referred to the court court determine if not contrary to law, morals, public
policy, etc render judgment base on compromise agreement immediately executory = civil aspect
settled
Criminal aspect? Defense counsel move for provisional dismissal, permanent dismissal or suspension
until civil aspect fully settled or the criminal action may proceed.
Provisional dismissal bp 22 permanent in 1 year
th

Assume that it is provisionally dismissed, accused failed to pay on the 9 month

Remedy: revival of the case (within 1 yr), move for writ of execution (there is a judgment based on the
compromise agreement), move for extension..
Assuming that that the payment for the value of the check shall be good for 24 months 2 years move
th
for provisional dismissal, which is possible, make sure you can revive it kasi pano kung on the 13 month
hindi siya nagbayad, permanent ung criminal action non, so titingnan mo ung period of payment and the
compromise agreement must only embody the amount of the check kasi ung iba pati ung ibang amount ng
checks sa iba sinasama sa compromise that cannot be another compromise agreement, cannot be
embodied in one compromise agreement
Walang problema ditto if there is a settlement, you just look at the period of time ng pagbayad etc, the
problem lies if no settlement
Assuming the 30 days period has lapse and was extended to another 30 days, what will happen if no
settlement mediator refer the case to the original court original court judge aka JDR judge ask the
parties to come forward discussing the possibility of settling the case another 60 days = 120 days. 60
days may be extended upon the discretion of the jdr judge same procedure settle, lawyers are sometimes
not required to be present kasi minsan guugulo ang kaso kapag may abogado so magsesettle sila amicably
dismissed
When I was still an mtc judge, I set the case every quarter pag mahaba ung bayaran so may be made aware
if payment has been made, so iseset ko ng iseset ung kaso para maaware din ung complainant kung
kailangan niya ba mag move for execution kung hindi nagbayad
The jdr judge during conference may receive information prejudicial to the accused i.e. admission, if no
settlement whatever information received cannot be disseminated or used for other purposes because
privileged and confidential
No settlement refer for raffle transferred to a trial judge/court
Trial judge pretrial trial judgment
Cases covered by jdr and cam

Civil aspect or criminal cases covered by the rule on summary procedure

Civil aspect of criminal cases of less grave felonies the penalties not exceed 6 year or until
prision correctional

Libel, theft, estafa (qualified theft not covered, simple theft only, reckless imprudence, etc, etc)
Even if no settlement on appeal meron pang mediation yan because as much as possible we want the
parties to settle to lessen the dockets of the courts and mabawasan trabaho ng mga abogado blah blah
blah
RULE ON SUMMARY PROCEDURE
Cases such as rental law, traffic rules and regulations, municipal or city ordinances, bp 22, cases penalty
of which does not exceed 6 months blah blah blah
Rule on summary procedure silent use ordinary rules of court
Assuming a person is charged of homicide and the accused is at large the procedure rules of court
If covered by rules of summary procedure, lets say grave coercion or unjust vexation (penalty less than 6
months)
Court not determine probable cause to issue warrant of arrest the court will issue an order stating:

Covered by RSM

Complainant required to submit and affidavit and affidavit of witnesses

Accused is directed to submit counter affidavit and affidavit of witnesses and so on and so forth
No warrant of arrest even if there is probable cause
Ex. Slight physical injuries move for quashal and file a case against the judge for gross ignorance of the
law (hehehe)
If covered NO WARRANT
Exception:

Fails to appear during arraignment

When required for identification

No need in promulgation only LIGHT OFFENSE

In case of summary procedure involving a civil case there is no trial after pre-trial it is only submission of
position papers, however in criminal action may trial after pre-trial why? to prove guilt beyond reasonable
doubt. And what will be the subject of the direct examination of witnesses of prosecution affidavits
submitted but the prosecutor may conduct clarificatory questioning for the purposes of identifying object evid
may cross examination yan etc same matter sa defense bulk of testimony is the affidavits submitted and
so on
Assuming the prosecutions evidence is insufficient accused filed a motion for leave for demurrer to
evidence how will the judge rule denied prohibited pleading not allowed why? Summary proceeding
expeditious determination of the case, demurrer to evidence delaying tactics
Prohibited pleadings MEMORIZE (same in civil actions)

Motion to quash

Motion to dismiss

Dilatory motion for postponements (no ground meant to delay)

Demurrer to evidence

Motion for recon not applicable to interlocutory only for judgment on the merits

Motion for new trial

Petrev for review, prohibition and mandamus

Rule also takes cognizance of cases also covered by the katarungang barangay
Period to resolve ordinary case decide 90 days from the time submitted for decision
Rule on summary procedure 30 days from time submitted for decision
Drugs cases 15 days from time submitted for decision
JUDICIAL AFFIDAVIT RULE

When it involves all criminal actions covered by the mtcs judicial affidavit is required
All prosecution and defense shall prepare judicial affidavit in lieu of testimony
Even if more than punishable by more than 6 months submitted before trial
I am not amenable gumagawa din abogado so I cannot observe the demeanor of the witnesses
Cases before rtc not mandatory, option lies with the accused