Appeals in Summary Procedure - Prof. Manuel Riguera

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The new Rule on Summary Procedure (RSP), incorporated as Rule III in the Rules on Expedited Procedures in the First Level Courts, took effect on 11 April 2022. The new RSP is a substantial overhaul of the more than three decades old 1991 Revised Rule on Summary Procedure (RRSP). Except for small claims, probate proceedings, maritime and admiralty cases, habeas corpus cases, and delegated land registration cases, the new RSP brought virtually all MTC cases within the ambit of the summary procedure rather than the regular procedure. This is the result of bumping up the threshold limit to the jurisdictional amount of the MTCs, that is, ₱2 million.

Section 1, Rule III(C) of the new RSP provides for an appeal from a judgment or final order of the MTC in a summary procedure case.

“SECTION 1. Ordinary appeal. — Any judgment, final order, or final resolution in a Summary Procedure case may be appealed to the appropriate Regional Trial Court exercising jurisdiction over the territory under Rule 40 for civil cases and Rule 122 for criminal cases, of the Rules of Court. xxx”

Like the 1991 RRSP, the new RSP applies also to ejectment cases. There is however a special rule under Section 19, Rule 70 of the Rules of Court on the immediate execution of an MTC’s appealed judgment against the defendant unless the defendant posts the supersedeas bond and makes the periodic deposit provided therein. It is submitted that this section, which is not in conflict with the new RSP, is still applicable in ejectment cases. Likewise, Section 19 of Rule 70, providing for the remedy of preliminary mandatory injunction on appeal, should be considered as still in force.

Section 2, Rule III(C) of the new RSP reads as follows:

“SEC. 2. Remedy from judgment on appeal. — The judgment of the Regional Trial Court on the appeal shall be final, executory, and unappealable.” [Emphasis supplied]

My opinion is that this section applies only to civil cases in line with Sec. 11(c), Rule 122 of the Rules of Criminal Procedure which provides that “upon perfection of the appeal, the execution of the judgment or final order appealed from shall be stayed as to the appealing party.” It should also be noted that Section 21 of the 1991 RRSP had limited the rule regarding immediate execution of the RTC judgments to civil cases.

There is a similar provision in Rule 70 of the Rules of Court concerning appeals from judgments of the RTC in appealed ejectment cases.

“SEC. 21. Immediate execution on appeal to Court of Appeals or Supreme Court. – The judgment of the Regional Trial Court against the defendant shall be immediately executory, without prejudice to a further appeal that may be taken therefrom.” [Emphasis supplied]

My view is that in appealed ejectment cases, the appealed RTC judgment would be immediately executory only if it is against the defendant. Hence, an RTC judgment in an appealed ejectment case which is in favor of the defendant is not immediately executory. Section 2, Rule III(C) of the new RSP should be read in conjunction with Section 21, Rule 70 of the Rules of Court.

Under Section 2, Rule III(C) of the new RSP, not only is the RTC judgment immediately executory, but it is also immediately final and executory. Section 22 of the 1991 RRSP had provided that the immediately executory nature of the RTC judgment was “without prejudice to a further appeal that may be taken therefrom.” The new RSP took away this further appeal.

It is submitted with due respect that the portion of Section 2, Rule III(C) providing that the RTC judgment is unappealable should be re-examined

Section 2, Rule III(C) would in effect amend the appellate jurisdiction of the Court of Appeals provided for under the Judiciary Act of 1948 and B.P. Blg. 129, particularly, Section 22 of the latter. Section 22 provides that the Court of Appeals has appellate jurisdiction over judgments of the RTC rendered in the exercise of its appellate jurisdiction. Moreover, the right to appeal is a statutory and substantive right which may be withdrawn only by statute.*

-oOo-

* For similar reasons, reservation is expressed on the provision under the Rule on Small Claims that a decision thereunder shall be final, executory, and unappealable.

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Source -

https://legisperit.com/2022/10/17/appeals-in-summary-procedure/