Anda di halaman 1dari 66

2016 Revised Rules of Procedure for Small Claims Cases 65

896 PHILIPPINE REPORTS


RE ME COU
UP R
Page
S T

RE PU N ES

PI
BL IC BATAS A T BAYAN
IP
IL
OF T HE PH

Republic of the Philippines


Supreme Court
Manila

A.M. No. 08-8-7-SC

THE 2016 REVISED RULES


OF PROCEDURE FOR
SMALL CLAIMS CASES

EFFECTIVE FEBRUARY 1, 2016

MANILA, PHILIPPINES
JANUARY 2016
2016 Revised Rules of Procedure for Small Claims Cases 1

TABLE OF CONTENTS

Page

Resolution ......................................................................................... 3-
6
The 2016 Revised Rules of Procedure
for Small Claims Cases .............................................................7-15

Form 1-SCC Statement of Claim ............................................... 16-23

Form 1-A-SCC Verification and Certification


Against Non-Forum Shopping, Splitting a
Single Cause of Action and Multiplicity of Suits .................... 24-25

Form 2-SCC Summons ............................................................. 26-27

Form 3-SCC Response ............................................................. 28-31

Form 4-SCC Notice of Hearing ................................................ 32-33

Form 5-SCC Plaintiffs Return/Manifestation ............................... 34

Form 5-A-SCC Plaintiffs Return/Manifestation


(Substituted Service) ................................................................... 35

Form 6-SCC Motion to Plead as Indigent ................................. 36-37

Form 7-SCC Special Power of Attorney ....................................... 38

Form 8-SCC Joint Motion (for Dismissal) ................................ 39-40

Form 9-SCC Motion for Approval of


Compromise Agreement ............................................................. 41

Form 10-SCC Decision


(Based on Compromise Agreement) ..................................... 42-43

Form 11-SCC Decision ............................................................. 44-45


2 A.M. No. 08-8-7-SC

Page

Form 12-SCC Motion for Execution ......................................... 46-47

Comparative Study Between the 2008 Rules and


the 2016 Revised Rules ........................................................... 48-64
2016 Revised Rules of Procedure for Small Claims
4 A.M. No.
Cases
08-8-7-SC 3

WHEREAS, the Committee is composed of the following:


RE ME COU
UP R

Chairperson: Hon. Diosdado M. Peralta


S T

Associate Justice, Supreme Court


RE PU N ES

PI
BL IC BATAS A T BAYAN
IP
IL
Vice-Chairperson: Hon. Lucas P. Bersamin
OF T HE PH

Associate Justice, Supreme Court


Republic of the Philippines
Members: Hon. Martin S. Villarama, Jr.
Supreme Court
Associate Justice, Supreme Court
Manila
Hon. Jose C. Mendoza
Associate Justice, Supreme Court

Hon. Estela M. Perlas-Bernabe


A.M. No. 08-8-7-SC
Associate Justice, Supreme Court

Hon.OF
THE RULES JosePROCEDURE
Midas P. Marquez
Court Administrator, Supreme Court
FOR SMALL CLAIMS CASES
Hon. Fernanda Lampas Peralta
Associate Justice, Court of Appeals
RESOLUTION
Hon. Jackie B. Crisologo-Saguisag
Metropolitan Trial Court, Makati City, Branch 67
WHEREAS, after a two-year pilot test, on March 18, 2010, the
Rules of Procedure for Small Claims
Atty. Ma. Cases
Lourdes was
E.B. promulgated and made
Oliveros
effective to all first levelOffice
courtsofnationwide;
the Chief Justice

Secretary: from the Atty.


WHEREAS, timeJason J. Zapanta
the Rules of Procedure for Small
Office of
Claims Cases was implemented, it has been Associate Justice
found Diosdado
to be anM. Peralta
effective
tool
Assistant
in providing a Secretary:
simplified andAtty. inexpensive
Jilliane Joyce recourse
R. De Dumo for litigants to
Office of the Chief Justice
assert
their claims; due
WHEREAS,
WHEREAS, to aid tothe
its success,
Committee there is a need pending
in reviewing to introduce
issues on
amendments
the Rules of Procedure for Small Claims Cases, a Technicalreducing
to the existing Rules to be more effective in Working the
dockets of thewas
Group (TWG) firstcreated
level courts, a wider coverage, and better access
as follows:
to
the courts by the underprivileged,
Chairperson: Hon. Fernanda among others;
Lampas Peralta
WHEREAS, on AugustAssociate 11, 2015, the Special
Justice, Court Committee
of Appeals on Small
Claims Cases (Committee) was created under Memorandum Order
Members:
No. 32-2015 to review the Hon.existing
Jackie B. Crisologo-Saguisag
Rules of Procedure for Small
Claims Cases to fulfill the Judiciarys objective ofMakati
Metropolitan Trial Court, City, Branch
expediting 67
trial and
resolving cases effectively and efficiently.
Hon. Juris D. Dilinila-Callanta
Metropolitan Trial Court, Quezon City, Branch 42

3
2016 Revised Rules of Procedure for Small Claims Cases 5

Hon. Maria Zoraida S. Zabat-Tuazon


Metropolitan Trial Court, Manila City, Branch 23

Atty. Joachim Florencio Q. Corsiga


Office of the Court Administrator

WHEREAS, the Committee and the TWG conducted several


consultative meetings, tackling issues such as the threshold amount,
causes of action, and venue, among others;

WHEREAS, on November 10, 2015, the Committee and the TWG


submitted its proposed The Revised Rules of Procedure for Small
Claims Cases, to protect and advance the constitutional rights of
persons to a speedy disposition of their cases, provide a simplified
and
inexpensive procedure for the disposition of small claims cases, and,
introduce innovations and best practices for the benefit of the
underprivileged;
WHEREAS, acting on the recommendation of the Chairperson,
the Committee, and the TWG, submitting for the consideration and
approval of the Court the proposed The Revised Rules of Procedure
for Small Claims Cases, the Court resolved to APPROVE the same.

The Revised Rules shall take effect on February 1, 2016 following


its publication in two (2) newspapers of general circulation.

December 8, 2015.

MARIA LOURDES P. A. SERENO


Chief Justice

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.


Associate Justice Associate Justice

On official leave
TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice Associate Justice
6 A.M. No. 08-8-7-SC

DIOSDADO M. PERALTA LUCAS P. BERSAMIN


Associate Justice Associate Justice

MARIANO C. DEL CASTILLO MARTIN S. VILLARAMA, JR.


Associate Justice Associate Justice

JOSE PORTUGAL PEREZ JOSE CATRAL MENDOZA


Associate Justice Associate Justice

BIENVENIDO L. REYES ESTELA M. PERLAS-BERNABE


Associate Justice Associate Justice

MARVIC M.V.F. LEONEN FRANCIS H. JARDELEZA


Associate Justice Associate Justice
2016 Revised Rules of Procedure for Small Claims
8 A.M. No.
Cases
08-8-7-SC 7

THEMotion
(e) 2016 means
REVISED RULES
a partys OF PROCEDURE
request, written or oral, to the court
for
FORan SMALL
order or CLAIMS
other action. It shall include an informal
CASES
written request to the court, such as a letter;

SECTION
(f) Good 1. Title.
causeThese
meansRules shall be known
circumstances as The
sufficient to Revised
justify the
Rules of Procedure for Small Claims Cases.
requested order or other action, as determined by the judge;
and,
SEC. 2. Scope. These Rules shall govern the procedure in actions
before(g)theAffidavit
Metropolitan
means Trial Courts statement
a written (MeTCs), Municipal Trial Courts
or declaration of facts
in Cities (MTCCs), Municipal Trial Courts (MTCs)
that are sworn to or affirmed to be true. and Municipal Circuit
Trial Courts (MCTCs) for payment of money where the value of the
claim does
SEC not exceed Two
. 5. Applicability. TheHundred Thousand
Metropolitan Trial Pesos (P200,000.00)
Courts, Municipal
exclusive of interest and costs.
Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall apply this Rule in all actions that are purely civil in nature
where the
SEC . 3.claim or relief prayed for by the plaintiff is solely for
Objectives
payment
(a) To protect
or reimbursement ofand
sumadvance
of money. the constitutional right of persons to
a speedy
The claim disposition
or demand mayof their cases;
be:
(b)
(a) To
Forprovide
money aowed
simplified
underand
anyinexpensive procedure for the
of the following:
disposition of small claims cases; and,
1. Contract of Lease;
(c) To2. introduce innovations
Contract of Loan; and best practices for the benefit of
the underprivileged.
3. Contract of Services;
4. Contract of Sale; or
SEC. 4.5.Definition of Mortgage;
Contract of Terms. For purposes of this Rule:
(a) Plaintiff refers to the party who initiated a small claims
(b) For liquidated
action. damages
The term arising
includes from contracts;
a defendant who has filed a
counterclaim against plaintiff;
(c) The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this
(b) Defendant is the party against whom the plaintiff has filed
Rule pursuant to Sec. 417 of Republic Act 7160, otherwise
a small claims action. The term includes a plaintiff against
known as The Local Government Code of 1991.
whom a defendant has filed a claim, or a person who replies
to the claim;
SEC. 6. Commencement of Small Claims Action. A small claims
action is commenced by filing with the court an accomplished and
(c) Person is an individual, corporation, partnership, limited
verified Statement of Claim (Form 1-SCC) in duplicate, accompanied
liability
by a Certification Against Forum Shopping, Splitting a Single Cause of
partnership, association, or other juridical entity endowed
Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly
with personality by law;
certified photocopies of the actionable document/s subject of the
(d) Individual is a natural person;
claim,
as well as the affidavits of witnesses and other evidence to support
the
claim. No evidence shall be allowed during the hearing which was not
attached to or submitted together with the Statement of Claim, 7 unless
good cause is shown for the admission of additional evidence.
2016 Revised Rules of Procedure for Small Claims Cases 9

The plaintiff must state in the Statement of Claim if he/she/it is


engaged in the business of lending, banking and similar activities, and
the
number of small claims cases filed within the calendar year regardless
of judicial station.
No formal pleading, other than the Statement of Claim/s described
in this Rule, is necessary to initiate a small claims action.

SEC. 7. Venue. The regular rules on venue shall apply.


However, if the plaintiff is engaged in the business of lending,
banking and similar activities, and has a branch within the
municipality
or city where the defendant resides, the Statement of Claim/s shall be
filed where that branch is located.
SEC. 8. Joinder of Claims. Plaintiff may join in a single statement
of claim one or more separate small claims against a defendant
provided
that the total amount claimed, exclusive of interest and costs, does
not
exceed
SEC.Two Hundred Thousand
9. Affidavits. Pesossubmitted
The affidavits (P200,000.00).
under this Rule
shall state only facts of direct personal knowledge of the affiants or
based on authentic records, which are admissible in evidence.

A violation of this requirement shall subject the party, and the


counsel who assisted the party in the preparation of the affidavits, if
any,
to appropriate disciplinary action. The inadmissible affidavit(s) or
portion(s) thereof shall be expunged from the record.
The non-submission of the required affidavits will cause the
immediate dismissal of the claim or counterclaim.

SEC. 10. Payment of Filing Fees. The plaintiff shall pay the
docket and other legal fees prescribed under Rule 141 of the Revised
Rules of Court, unless allowed to litigate as an indigent. Exemption
from
the payment of filing fees shall be granted only by the Supreme Court.
However, if more than five (5) small claims are filed by one party
within the calendar year, regardless of the judicial station, an
additional
filing fee of 500.00 shall be paid for every claim filed after the fifth
(5th)
claim, and an additional 100.00 or a total of 600.00 for every claim
filed
after the tenth (10th) claim, and another 100.00 or a total of 700 for
every claim filed after the fifteenth (15th) claim, progressively and
cumulatively.
10
2016 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC11

SCC)If the
on the
plaintiff
day of is receipt
engaged ofin thethe Statement
business of banking,
Claim/s, directing
lending and the
similar activities,
defendant to submit the aamount
verifiedofResponse.
filing and other legal fees shall be the
same as those applicable to cases filed under the regular rules.
The court shall also issue a Notice of Hearing (Form 4-SCC) to
bothAparties,
claim filed directing
with athem motion to toappear
sue as before
indigent it on(Form
a specific
6-SCC) date
shalland
time for hearing,
be referred to thewith a warning
Executive Judge that
forno unjustified
immediate postponement
action in case of
shall
multi-
be
salaallowed,
courts. as provided
If the motioninisSection
granted21 byofthe
thisExecutive
Rule. Judge, the case
shallThe
be Summons
raffled off or to beassigned
servedto onthethecourt
defendant
designated shall tobe hear small
claims cases. If the motion is denied, the plaintiff shall be given five
accompanied
(5) a copy of the Statement of Claim/s and documents submitted by
by
days within
plaintiff, andwhicha blank to pay
Response
the docketForm fees,
(Formotherwise,
3-SCC) to the be accomplished
case shall be
dismissed
by the defendant.
without prejudice. In no case shall a party, even if declared
an indigent,
A Notice of beHearing
exemptshall fromaccompany
the payment theofSummons
the P1,000.00 fee for
and shall
service
contain:of (a)summons
the date and of theprocesses.
hearing, which shall not be more than
S
thirty EC . 11. Dismissal of the Claim. After the court determines
that
(30) the
dayscase fromfallstheunder
filing ofthese
the Rules,
Statement it may, from an and
of Claim/s; examination
(b) the of
the
express prohibition against the filing of a motion to dismiss or any
allegations
other of the Statement of Claim/s and such evidence attached
thereto,under
motion by itself, dismiss
Section 16 of thethiscase outright on any of the grounds for
Rule.
If Summons is returned without being served on any or all of the
the
defendants, the court shall order the plaintiff to cause the service of
dismissal of the case. The order of dismissal shall state if it is with or
summons and shall inform the court within thirty (30) days from
without prejudice.
If, during the hearing, the court is able to determine that there
notice
exists
if said a ground for
summons was dismissal
served or of not;
the Statement
otherwise, of theClaim/s,
Statement the court
of
may,
Claim/
byshall
s itself,
bedismiss
dismissed the without
case even if such as
prejudice ground
to those is not
whopleaded
were notin the
defendants Response.
served
SEC. 13. Response. The defendant shall file with the court and
withIfsummons.
serve plaintiff misrepresents
on the plaintiff that he/she/ itand
a duly accomplished is not engaged
verified in the
Response
business
within
of banking, lending
a non-extendible or similar
period of tenactivities
(10) dayswhen fromin fact he/she/it
receipt of summons.is so
engaged,
The the Statement of Claim/s shall be dismissed with prejudice
and
Response shall be accompanied by certified photocopies of
plaintiff shall be
However,
documents, meted
if the casethedoes appropriate
not fall undersanctions,
this Rule,such butasfalls
direct
under
contempt.
summary
as well as or regular of
affidavits procedure,
witnessesthe andcase
othershall not be in
evidence dismissed.
support
Instead,
thereof.
the evidence
No case shallshall be re-docketed
be allowed during under the the appropriate
hearing which procedure,
was not and
returned to the court where it was assigned,
SEC . 14. Effect of Failure to File Response. Should the
attached subject to payment of
any
defendant
to or submitted fail totogether
file his/her/its
with the Response
Response, within
unlessthe good
required period,
cause is
deficiency
and
shown in the applicable regular rate of filing fees. If a case is filed
under
for thethe
likewise failregular
to appear
admission or additional
of summary
on the date procedure, but actually
set for hearing,
evidence. falls under
the court shall this
Rule, the case shall be referred to the Executive Judge for appropriate
render
assignment.
judgment on the same day, as may be warranted by the facts alleged
in S EC . 12. Summons and Notice of Hearing. If no ground for
dismissal
the Statement is found, the court shall forthwith issue Summons (Form 2-
of Claim/s.
12 A.M. No. 08-8-7-SC

Should the defendant fail to file his/her/its Response within the


required period but appears on the date set for hearing, the court
shall
ascertain what defense he/she/it has to offer which shall constitute
his/
her/its Response, and proceed to hear or adjudicate the case on the
same day
SEC asCounterclaims
. 15. if a Response has been
Within thefiled.
Coverage of this Rule. If
at the time the action is commenced, the defendant possesses a
claim
against the plaintiff that (a) is within the coverage of this Rule,
exclusive
of interest and costs; (b) arises out of the same transaction or event
that
is the subject matter of the plaintiffs claim; (c) does not require for its
adjudication the joinder of third parties; and (d) is not the subject of
another pending action, the claim shall be filed as a counterclaim in
the
The defendant
Response; may
otherwise, also
the elect to shall
defendant file a be
counterclaim
barred fromagainst thethe
suing on
plaintiff that does not arise out of the same transaction or occurrence,
counterclaim.
provided that the amount and nature thereof are within the coverage
of
this Rule and the prescribed docket and other legal fees are paid.
SEC. 16. Prohibited Pleadings and Motions. The following
pleadings, motions, or petitions shall not be allowed in the cases
covered
by this Rule:
(a) Motion to dismiss the Statement of Claim/s;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial;

(d) Petition for relief from judgment;


(e) Motion for extension of time to file pleadings, affidavits, or
any other paper;

(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;


(i) Dilatory motions for postponement;
2016 Revised Rules of Procedure for Small Claims Cases 13

(j) Reply and rejoinder;


(k) Third-party complaints; and
(l) Interventions.
S EC . 17. Availability of Forms; Assistance by Court
Personnel. The Clerk of Court or other court personnel shall provide
such assistance as may be requested by a plaintiff or a defendant
regarding the availability of forms and other information about the
coverage, requirements as well as procedure for small claims cases.

SEC. 18. Appearance. The parties shall personally appear on


the designated date of hearing.

Appearance through a representative must be for a valid cause.


The representative of an individual-party must not be a lawyer, and
must
be related to or next-of-kin of the individual-party. Juridical entities
shall
notThe
be represented by must
representative a lawyer in any capacity.
be authorized under a Special Power of
Attorney (Form 7-SCC) to enter into an amicable settlement of the
dispute and to enter into stipulations or admissions of facts and of
documentary exhibits.

SEC. 19. Appearance of Attorneys Not Allowed. No attorney


shall appear in behalf of or represent a party at the hearing, unless
the
attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present
his/her
claim or defense and needs assistance, the court may, in its
discretion,
allow another individual who is not an attorney to assist that party
uponSEC. 20. Non-appearance of Parties. Failure of the plaintiff to
the latters
appear shallconsent.
be cause for the dismissal of the Statement of Claim/s
without prejudice. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on a permissive counterclaim.

Failure of the defendant to appear shall have the same effect as


failure to file a Response under Section 14 of this Rule. This shall not
apply where one of two or more defendants who are sued under a
common cause of action and have pleaded a common defense
appears
at the hearing.
14 A.M. No. 08-8-7-SC

Failure of both parties to appear shall cause the dismissal with


prejudice of both the Statement of Claim/s and the counterclaim.

S EC . 21. Postponement When Allowed. A request for


postponement of a hearing may be granted only upon proof of the
physical inability of the party to appear before the court on the
scheduled
date and time. A party may avail of only one (1) postponement.
SEC. 22. Duty of the Court. At the beginning of the court session,
the judge shall read aloud a short statement explaining the nature,
purpose
and the rule of procedure of small claims cases.
SEC. 23. Hearing. At the hearing, the judge shall first exert
efforts to bring the parties to an amicable settlement of their dispute.
If
efforts at settlement fail, the hearing shall immediately proceed in an
informal and expeditious manner and be terminated within the same
day.Any settlement (Form 8-SCC) or resolution of the dispute shall be
reduced into writing, signed by the parties and submitted to the court
for
approval (Form 9-SCC and Form 10-SCC).
SEC. 24. Decision. After the hearing, the court shall render its
decision based on the facts established by the evidence (Form 11-
SCC), within twenty-four (24) hours from termination of the hearing.
The decision shall immediately be entered by the Clerk of Court in the
court docket for civil cases and a copy thereof forthwith served on the
parties.

The decision shall be final, executory and unappealable.


SEC. 25. Execution. When the decision is rendered, execution
shall issue upon motion (Form 12-SCC) of the winning party.

SEC. 26. Certification of documents. All documents attached


to the Statement of Claim/s or Response that are required to be
certified,
except public or official documents, shall be certified by the signature
of the plaintiff or defendant concerned.
SEC. 27. Applicability of the Rules of Civil Procedure. The
Rules of Civil Procedure shall apply suppletorily insofar as they are not
inconsistent with this Rule.

SEC. 28. Non-applicability. The rules on mediation/judicial


dispute resolution shall not apply, inasmuch as the parties may enter
into
compromise at any stage of the proceedings.
2016 Revised Rules of Procedure for Small Claims Cases 15

SEC. 29. Effectivity. These Revised Rules shall take effect on


February 1, 2016 following their publication in two newspapers of
general
circulation. They shall govern all cases filed after their effectivity, and
also all pending proceedings, except to the extent that in the opinion
of
the court, their application would not be feasible or would work
injustice,
in which case the procedure under which the cases were filed shall
govern.

SMALL CLAIMS STANDARD FORMS

The following forms shall be used. Substantial compliance there-


with shall be sufficient.

(See attached forms)


16 A.M. No. 08-8-7-SC

FORM 1-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________

__________________________,
Plaintiff,
vs. Civil Case No. ________________
For: _______________________

__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x

STATEMENT OF CLAIM
(HABLA NG PAGSINGIL)

1. The personal circumstances of the parties are as follows:


(Ang bawat panig ay ang mga sumusunod)

_______________________ ______ ______ ____________


NAME OF PLAINTIFF/S SEX AGE CIVIL STATUS
(Pangalan ng Naghahabla) (Kasarian) (Edad) (Katayuang Sibil)

(Put a check on any of the following)


(Pumili sa mga sumusunod at lagyan ng tsek)

INDIVIDUAL CORPORATION PARTNERSHIP


(Tao/Indibidwal) (Korporasyon) (Bakasan)

COOPERATIVE SOLE PROPRIETORSHIP


(Kooperatiba) (Solong Pagmamay-ari)
2016 Revised Rules of Procedure for Small Claims Cases 17

NATURE OF BUSINESS:
(Uri ng Negosyo)

BANKING LENDING
(Bangko) (Pagpapautang)

OTHERS/PLEASE INDICATE________________________
(Iba pang uri ng negosyo)

PLAINTIFFS HOME ADDRESS:


(Pahatirang Sulat sa Bahay ng Naghahabla)

(City) ___________________________________ ________


(Lungsod) Zip Code

(Province, if applicable)_______________________ ________


(Lalawigan, kung meron)Zip Code

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.)

PLACE OF WORK: ___________________________________________


(Lugar ng Pinagtatrabahuan)

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.)

NAME OF PLAINTIFFS REPRESENTATIVE:


____________________________
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
(kung meron) [dapat hindi abogado]

HOME ADDRESS: (City) ________________________ ________


(Pahatirang Sulat sa Bahay) (Lungsod) Zip Code

(Province, if applicable)_________________________ ________


(Lalawigan, kung meron) Zip Code
18 A.M. No. 08-8-7-SC

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.) (Selpon Blg.)

PLACE OF WORK: ___________________________________________


(Lugar ng Pinagtatrabahuan)

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.)

_______________________ ______ ______ _____________


NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)

INDIVIDUAL CORPORATION PARTNERSHIP


(Tao/Indibidwal) (Korporasyon) (Bakasan)

COOPERATIVE SOLE PROPRIETORSHIP


(Kooperatiba) (Solong Pagmamay-ari)

DEFENDANTS HOME ADDRESS:


(Pahatirang Sulat sa Bahay ng Hinahabla)

(City) ___________________________________ ________


(Lungsod) Zip Code

(Province, if applicable)_______________________ ________


(Lalawigan, kung meron)Zip Code

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.)

PLACE OF WORK: ___________________________________________


(Lugar ng Pinagtatrabahuan)

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.)(Selpon Blg.)
2016 Revised Rules of Procedure for Small Claims
20 A.M. No.
Cases
08-8-7-SC19

NAME(Province,
OF DEFENDANTS
if applicable)_______________________
REPRESENTATIVE: ________
________________________________
(Lalawigan, kung meron)Zip Code
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
Telephone No. ______________ Cellphone No._____________
(kung meron) [dapat hindi abogado]
(Telepono Blg.)(Selpon Blg.)

PLACE ADDRESS:
HOME OF WORK: (City)
___________________________________________
________________________ ________
(Pahatirang
(Lugar ng Pinagtatrabahuan)
Sulat sa Bahay) (Lungsod) Zip Code

Telephone if
(Province, No.
applicable)_______________________
______________ Cellphone No._____________
________
(Lalawigan,
(Telepono Blg.)(Selpon
kung meron)Zip
Blg.) Code

NAMETelephone
OF DEFENDANTS
No. ______________
REPRESENTATIVE:
Cellphone No._____________
__________________________________
(Telepono Blg.)(Selpon Blg.)
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
PLACE OF WORK: ___________________________________________
(kung meron) [dapat hindi abogado]
(Lugar ng Pinagtatrabahuan)

HOMETelephone
ADDRESS:No.(City)
______________
________________________
Cellphone No._____________
________
(Pahatirang
(Telepono
Sulat
Blg.)(Selpon
sa Bahay) (Lungsod)
Blg.) Zip Code

If more(Province,
than oneif(1)
applicable)_______________________
defendant, list next defendant here:
________
(Kung(Lalawigan,
higit sa isa kung
(1) ang
meron)Zip
Hinahabla,
Code
ilagay ang susunod na hinahabla
rito:)
Telephone No. ______________ Cellphone No._____________
_______________________ ______
(Telepono Blg.)(Selpon Blg.) ______ _____________
NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)
PLACE OF WORK: ___________________________________________
(Lugar ng Pinagtatrabahuan)
INDIVIDUAL CORPORATION PARTNERSHIP
(Tao/Indibidwal) (Korporasyon) (Bakasan)
Telephone No. ______________ Cellphone No._____________
(TeleponoCOOPERATIVE
Blg.)(Selpon Blg.) SOLE PROPRIETORSHIP
(Kooperatiba) (Solong Pagmamay-ari)

*Note: If you need


DEFENDANTS HOME more
ADDRESS:
space, you can write at the back of this Form.
(Pahatirang
(*Tala: Kung Sulat
kailangan
sa Bahay
mo ngngkaragdagang
Hinahabla) patlang, maaari mong isulat
sa likod ng Form na ito.)
(City) ___________________________________ ________
(Lungsod) Zip Code
2016 Revised Rules of Procedure for Small Claims Cases 21

2. Plaintiff claims the defendant owes him/her/it


P________________________.
(Ang Hinahabla ay umutang sa Naghahabla ng halagang)

(a) Why does the defendant owe plaintiff money?


(Bakit ang Hinahabla ay nagkautang ng salapi sa Naghahabla?)
____________________________________________________
___________________________________________________.
(If you need more space, please use the back page). (Kung kailangan
mo ng karagdagang patlang, maaaring gamitin ang likod ng
pahinang ito.)

(b) When did this happen?


(Kailan ito nangyari?)
Date: _______________________
(Petsa)

If no specific date, give the time period:


(Kung walang tiyak na petsa, ibigay ang tantiyang panahon)
Date started: _______________________
(Petsa nagsimula)
Through: _______________________
(Hanggang)

(c) How did you compute the money owed to you? (Do not include
court costs or fees)
___________________________________________________.
(Paano mo kinuwenta ang salaping inutang sa iyo?) [Hindi kasama
ang bayad sa pagpapatala sa hukuman.]

3. (a) Did you ask the defendant to pay you before you filed this case?
(Siningil mo ba ang Hinahabla bago ka nagsampa ng kasong ito?)

Yes No
(Oo) (Hindi)

If no, explain:
________________________________________________
(Kung hindi, ipaliwanag)
22 A.M. No. 08-8-7-SC

(b) How did you ask the defendant?


Paano mo siningil ang Hinahabla?)

In person By phone
(Sa kanya mismo) (Sa telepono)

In writing Others (please specify) ______


(Sa sulat) (Iba pa) [pakisulat kung paano]

(c) When did you do this?


_________________________________________
(Kailan mo ginawa ito?)

4. What is your proof that defendant owes you money?


________________________
(Ano ang iyong katibayan o pruweba na ang Hinahabla ay may utang na
salapi sa iyo?)

5. Did you attach your proof to this form?


(Iyo bang inilakip ang katibayan o pruweba sa Form na ito?)

Yes No
(Oo (Hindi)

6. Was this claim referred to the barangay?


(Dumaan ba sa barangay ang paniningil na ito?)

Yes No Not Covered


(Oo) (Hindi) (Hindi sakop)

State reason:
_________________________________________________

(Isulat ang dahilan)

If yes, do you have a Certificate to File Action or a Compromise Agreement


executed before the barangay? __________
(Kung oo, meron ka bang Patunay sa Pagsampa ng Kaso o Kasunduan
na isinagawa sa barangay?)

6-A. How many small claims cases have you filed within this calendar
year prior to this present case, in this court station and in the entire
country: _____
(Pang ilang kaso na itong isinampa mo sa loob ng kasalakuyang
taon sa korte na ito at sa buong bansa?)
2016 Revised Rules of Procedure for Small Claims
24 A.M. No.
Cases
08-8-7-SC23

FORM
7. By1-A-SCC
the filing of this action, plaintiff hereby waives any amount in excess
of P200,000.00, excluding interest and costs.
(Sa pagsampa ng kasong ito, ang Naghahabla ay isinusuko ang anumang
halaga na higit sa P200,000.00, hindi kasama ang tubo at gastos sa
pagsampa ng kasong
VERIFICATION ito.)
AND CERTIFICATION AGAINST
NON-FORUM SHOPPING, SPLITTING A SINGLE CAUSE
OF ACTION AND MULTIPLICITY OF SUITS

PRAYE R
I,_________________________ (PAGSAMO)
of legal age, _________________,
(name)(citizenship)
__________________, and a resident of _________________________,
WHEREFORE,
(civil plaintiff respectfully prays for judgment ordering defen-
status)(residence)
dant to pay the amount of P ____________, with interest at the rate of
_____% per annum/per month from ___________________ until fully paid.
on oath, state:

(DAHIL DITO, ang Naghahabla ay magalang na sumasamo na igawad


1.
ang That I am the _____________________
kapasiyahang utusan ang Hinahabla inna
themagbayad
above-entitled case haveng
sa Naghahabla
halagangP_____________, pati ang tubo na ______% bawat taon/ that
caused this _______________________________ to be prepared;
buwanI read and _______________
simula understood its contents
hanggangwhich
ganap are
o true
lubosand correct of my own
na mabayaran
personal knowledge and/or based on true records;
ito.) __________________________________, ____________, 20___.

2. That I have not commenced any action or proceeding involving the same
issue or subject matter, and specifically the same check/s in the Supreme
Court, the Court of Appeals or any other ______________________
tribunal or agency, particularly
FOR OFFICIAL
before theUSE PLAINTIFF
ONLYof the City Prosecutor of _______________________
Office
(Para sa Opisyal na gamit lamang)
; that to the best of my knowledge, no such (Naghahabla)
- To be accomplished by the Branch Clerk of
action or proceeding is
pending
Court- in the Supreme Court, the Court of Appeals or any other tribunal
or agency,
(Sasagutan and that,
ng Kawani if I should learn thereafter that a similar action or
ng Hukuman)
proceeding has been filed or is pending before these courts or tribunal or
agency, I undertake to report that fact to the Court within five (5) days
1. therefrom.
Cause of action
Check
Promissory Note
Contract
OralWritten
3. That the filing
Barangay of this case is not in violation of the
Agreement rule against splitting
Others (Please specify):or multiplicity of suits.
a single cause of action
_________________________________.

4. That I knowingly and voluntarily waive and forego the institution of any
criminal complaint for Violation of Batas Pambansa Blg. 22 against the
2. defendant
_____ Barangay conciliation
herein basedrequired.
on the same check/s subject matter of this Small
If yes, _____ Certificate to File Action
Claims Complaint.
_____ CompromiseAgreement
attached.
_____ Barangay conciliation not required.
Please state the reason):
________________________________________.
2016 Revised Rules of Procedure for Small Claims Cases 25

IN WITNESS WHEREOF, I have hereunto set my hand this day of


______________, 20_____.

______________________
Affiant

SUBSCRIBED AND SWORN to before me this ____________ day of


______________, 20_____.

______________________
NOTARY PUBLIC
26 A.M. No. 08-8-7-SC

FORM 2-SCC

REPUBLIC OF THE PHILIPPINES

_______________________________
_______________________________
_______________________________

_____________________________,
Plaintiff,
vs. Civil Case No. ________________
For: _______________________

_____________________________,
Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

SUMMONS

TO: _________________________
_____________________________
_____________________________

GREETINGS:

You are hereby required, within ten (10) days from receipt of this Sum-
mons, to file with this Court and serve on plaintiff, your verified Response to
the attached Statement of Claim. The form of the required Response is
attached
hereto.
You are required to submit with your Response certified copies of docu-
ments as well as affidavits of any witness to stand as your evidence in this
case. You must present the original document/s on the day of hearing.

A motion to dismiss is prohibited and shall not be entertained. Any


ground for dismissal should be included in your Response. Likewise, motions
for bill of particulars and for extension to file pleadings, affidavits or any other
paper are prohibited.

Your failure to respond within the 10-day period AND TO APPEAR AT


THE HEARING OF THIS CASE will authorize the Court to render judgment.
2016 Revised Rules of Procedure for Small Claims Cases 27

Witness my hand under the seal of this Court, this _______day of


____________, 20_____, at ____________________________, Philippines.

_________________________
BRANCH CLERK OF COURT

NOTE: FOR INQUIRIES, CALL TEL. #_________________


28 A.M. No. 08-8-7-SC

FORM 3-SCC

REPUBLIC OF THE PHILIPPINES

_______________________________
_______________________________
_______________________________

_____________________________,
Plaintiff,
vs. Civil Case No. ________________
For: _______________________

_____________________________,
Defendant.

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

RESPONSE
(SAGOT)

Defendant/s state/s:

(Ang Hinahabla ay nagsasaad:)

1. Defendant denies the Statement of Claim for any of the following reasons:
(Put a check in any of the following)
(Tinatanggihan ng Hinahabla ang Habla ng Pagsingil sa alinmang
sumusunod na dahilan): [Pumili sa mga sumusunod at lagyan ng tsek]

(a) ____ Defendant does not owe plaintiff any money.


(Ang Hinahabla ay walang pagkakautang na salapi sa
Naghahabla.)
____ Defendant owes plaintiff only a portion of the amount claimed.
(Ang utang ng Hinahabla ay bahagi lamang ng halagang
sinisingil ng Naghahabla.)
2016 Revised Rules of Procedure for Small Claims Cases 29

____ It is the plaintiff who owes defendant money.


(Ang Naghahabla ang siyang may utang na salapi sa
Hinahabla.)
(b) If defendant owes plaintiff only a portion of the amount claimed, how
much is this?
(Kung ang utang ng Hinahabla ay bahagi lamang ng halagang
sinisingil ng Naghahabla, magkano ito?)
_________________________________________________.
_________________________________________________.

(c) If it is the plaintiff who owes defendant money, how much and when
did this happen?
(Kung ang Naghahabla ang siyang may utang na salapi sa
Hinahabla, magkano at kailan ito nangyari?)
_________________________________________________.
_________________________________________________.
If no specific date, estimate the time period:
(Kung walang tiyak na petsa, ibigay ang tantiyang panahon)
Date started _______________
(Petsa nagsimula)
Through__________________
(Hanggang)

(d) How did you compute the money owed you? (Do not include court
costs or fees for service.)
(Paano mo kinuwenta ang salaping pagkakautang sa iyo?) (Huwag
isama ang filing fees at bayad sa serbisyo.)
_________________________________________________.
_________________________________________________.

2. If plaintiff owes you money, did you ask plaintiff to pay you?
(Kung ang Naghahabla ay siyang may pagkakautang sa iyo, siningil mo
ba siya?)

_____ Yes _____ No


(Oo) (Hindi)

If yes, how?
(Kung oo, paano?)
30
2016 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC31

VERIFICATION
____ In person
AND CERTIFICATION
____ AGAINST
Others (specify)
NON-FORUM
___________
SHOPPING,(Sa SPLITTING
kanya mismo)
A SINGLE CAUSE
(Iba pa)
OF[ano
ACTION
ito?]AND
____ MULTIPLICITY
In writing OF SUITS
(if with
(Sa sulat)
permissive counterclaim)
By phone
____ (Sa telepono)
(PAGPAPATOTOO O PAGPAPATUNAY NA WALANG IBANG
KASONG NAKASAMPA/NAKABINBIN SA IBANG HUKUMAN)
3. Do you(kapag
have may ganting habol na pinahihintulutan)
any proof? _____Yes _____No
(Meron ka bang anumang katibayan?) (Oo) (Hindi)

What is this proof? _____ Receipt


(Anong katibayan ito?) Resibo)
_____ Other document
(Iba pang dokumento)
_____ Witness
(Saksi/testigo)

4. As the Statement of Claim is baseless, defendant is entitled to the


following
counterclaims:
(Sa dahilang walang basehan ang Habla ng Pagsingil, ang Hinahabla
ay may karapatan sa mga ganting-habol na sumusunod)

____ Actual Damages for the value of the loss suffered by the filing of
the case P _______________.
(Bayad para sa aktwal na pinsalang idinulot ng pagsampa ng
kaso)

____ Costs of suit for the money defendant spent in filing a


countercharge against plaintiff P ________________.
(Kabayaran/Gastos sa kasong isinampa)

________________________
DEFENDANT
(Hinahabla)
32 A.M. No. 08-8-7-SC

FORM 4-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________

_______________________________

__________________________________,
Plaintiff,
vs. Civil Case No. ________
For: _________________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

NOTICE OF HEARING
(ABISO NG PAGDINIG)

YOUR CASE IS SET for hearing before the Presiding Judge of this Court
on _______________________ at _______________.

(Ang inyong kaso ay diringgin ng Pinunong Hukom ng Hukumang ito


sa _______________________________, sa ganap na _________.)

YOU MUST ATTEND THE HEARING. IF YOU CANNOT ATTEND


BECAUSE IT IS PHYSICALLY IMPOSSIBLE FOR YOU TO DO SO, YOU MAY
AUTHORIZE A REPRESENTATIVE WHO IS NOT A LAWYER TO APPEAR
FOR YOU. FOR THIS PURPOSE YOU SHOULD FILL UP FORM 5-SCC
(SPECIAL POWER OF ATTORNEY).

(KINAKAILANGAN NINYONG DUMALO SA PAGDINIG. KUNG HINDI


KAYA NG KATAWAN NINYO ANG PAGDALO NANG PERSONAL SA PAGDINIG
NG IYONG KASO, MAAARI KANG MAGPADALA NG IYONG KINATAWAN NA
HINDI ABOGADO SA PAGDINIG. SA GANITONG LAYUNIN, PUNUAN NINYO
ANG FORM 5-SCC [NATATANGING GAWAD-KAPANGYARIHAN - SPECIAL
POWER OF ATTORNEY.])
2016 Revised Rules of Procedure for Small Claims Cases 33

WITNESS the HON.______________________________________,


Presiding Judge of this Court, this ____ day of ________________,
20___, at

__________________________, Philippines.

(Saksi si Kgg. __________________________________________,


Pinunong Hukom ng Hukumang ito, ngayong ____________________,
20___ dito sa ______________, Pilipinas.)

_______________________________
Branch Clerk of Court
(Sangay na Kawani ng Hukuman)

NOTE: FOR INQUIRIES, CALL TEL. #____________


(Tala: Para sa katanungan, tumawag sa Korte sa Tel. Blg. _________)
34 A.M. No. 08-8-7-SC

FORM 5-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________

_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ________


For: _________________

__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PLAINTIFFS RETURN/MANIFESTATION

This is to certify that on(date)and(date), the


undersigned tried to serve the Summons, Statement of Claim, together
with the Annexes and Notice of Hearing upon the defendant/s
name/s of defendant/s, but failed and unavailing on the ground that the
said defendant/s was/were not around during the time of service.

However, on(date), the Summons, Statement of Claims,


Annexes thereto and Notice of Hearing were served personally to
(name of defendant who received), as shown by her/his signature
appearing at the lower portion of the summons.

WHEREFORE, the original copy of the Summons is respectfully returned


to the Honorable Court, DULY SERVED PERSONALLY.

__________________, Philippines, (date).

_____________________
PLAINTIFF
2016 Revised Rules of Procedure for Small Claims
36 A.M. No.
Cases
08-8-7-SC35

FORM 6-SCC
5-A-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________

_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PLAINTIFFS
MOTION TO RETURN/MANIFESTATION
PLEAD AS INDIGENT

_____________________,
This is to certify that on(date)
unto thisand(date)
Honorable, Court,
the undersigned
respectfully
tried to that:
alleges serve the Summons, Statement of Claim, together with the Annexes
and
Notice of Hearing upon the defendant/sname/s of defendant/s, but
1. I am a resident of ___________________;
failed and unavailing on the ground that the said defendant/s was/were not
around during the time of service.
2. My gross income and that of my immediate family does not
However,
exceed on (date) , the Summons, Statement of Claims, Annexes
__________________;
thereto and Notice of Hearing were served through (name of person who
received) , who introduced himself/herself as a (relationship of the person
to the3. defendant/s),
I do not own real property
a person with anage
of suitable assessed value of more
and discretion, thantherein,
residing
(amount
who signed as provided in the
at the lower Revised
portion Rules
of the of Court, as amended) as shown by
summons.
the attached Certification issued by the Office of the City/Municipal Assessor
and the City/Municipal Treasurers Office;
Substituted service was made after the undersigned exerted earnest
efforts to serve the Summons, together with the Statement of Claim, Annexes
4. Due
thereto andtothe
financial
Notice constraint,
of Hearing Ipersonally
cannot afford
upontothe
paydefendant,
for the expenses
which
of a court
proved litigation as I do not have enough funds for food, shelter and other
futile.
basic necessities;
WHEREFORE, the original copy of the Summons is respectfully returned
to the Honorable
5. Should the Court, DULY SERVED.
court render judgment in my favor, the amount of the
docket and other legal fees which I was exempted from paying shall be a lien
on the_________________,
judgment, unlessPhilippines,
the court orders
(date).otherwise.

_____________________
PLAINTIFF
2016 Revised Rules of Procedure for Small Claims Cases 37

WHEREFORE, premises considered, it is respectfully prayed that I be


exempted from the payment of docket and other legal fees as indigent
pursuant
to Section 21, Rule 3, in relation to Section 18, Rule 141 of the Revised Rules
of Court.

Other reliefs just and equitable under the premises are likewise prayed
for.

______________________
PLAINTIFF
38 A.M. No. 08-8-7-SC

FORM 7-SCC

SPECIAL POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS:

I, __________________________________, of legal age, single/


married, with residence at ______________________________
do hereby appoint, name and constitute __________________________,
likewise of legal age, single/married, with residence at
______________________________, who is related to me and/or is my next-
of-kin, and is not a lawyer, as my true and legal representative to act for and
in my name and stead and to represent me during the hearing of Civil Case
No.____________, to enter into amicable settlement, to submit to alternative
modes of dispute resolution and to make admissions or stipulations of facts
and documents without further consultation from me.

I hereby grant my representative full power and authority to execute and


perform every act necessary to render effective the power to compromise as
though I myself have so performed it and hereby approving all that he may do
by virtue of these presents.

In witness whereof, I hereunto set my hand this ___________ day


of ______________, 20______, at ______________________________.

_______________________________
Principal

_______________________________
Agent

Witnesses: _________________ ________________________

(ACKNOWLEDGMENT)
2016 Revised Rules of Procedure for Small Claims
40 A.M. No.
Cases
08-8-7-SC39

FORM
To the 8-SCC
Branch Clerk of Court:

Please submit the foregoing motion for the consideration of the Court
without hearing and REPUBLIC OF THE PHILIPPINES
further argument from the parties.
_______________________________
_______________________________
_____________________ _____________________
_______________________________
Plaintiff Defendant

__________________________________,
Plaintiff,

vs. Civil Case No. ______


For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

JOINT MOTION
(FOR DISMISSAL)

Plaintiff and defendant, unto this Honorable Court, respectfully allege


that:

1. Plaintiff and defendant have mutually and voluntarily settled their


claim and counterclaim to the entire satisfaction of each other; and

2. The parties no longer have a cause of action against each other.

WHEREFORE, premises considered, plaintiff and defendant respectfully


pray that the plaintiffs statement of claim and defendants counterclaim
incorporated in his response be dismissed.

Other reliefs just and equitable under the premises are likewise prayed
for.

(place) , (date) .

_____________________ _____________________
Plaintiff Defendant
2016 Revised Rules of Procedure for Small Claims
42 A.M. No.
Cases
08-8-7-SC41

FORM 10-SCC
9-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,
__________________________________,
Plaintiff,
vs. Civil Case No. ______
For: _______________
__________________________________,
vs. Defendant. Civil Case No. ______
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x For: _______________
__________________________________,
Defendant.
MOTION FOR APPROVAL OF COMPROMISE AGREEMENT
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

The parties respectfully allege that:


DECISION
1. Plaintiff(BASED
filed this
ONclaim against defendant
COMPROMISE for:
AGREEMENT)

_____________ collection of sum of money


Plaintiff filed this case
_____________ against
liquidated defendant for _____________________
damages
in the amount of ________________________.
_____________ enforcement of barangay agreement

Defendant denied
2. The parties haveplaintiffs
come to claim on the ground
an amicable of _________________
settlement and have executed
and set up a counterclaim for _______________________.
a compromise agreement with the following terms and conditions.

The parties, however,


(copy terms reached an
and condition amicable settlement and submitted to
here)
the court a compromise agreement, the terms and conditions of which are as
follows:
3. The parties agree that the approval of this agreement by the Court
shall put an end to this litigation, except for purposes of execution in case of
default. (terms and condition here)

It appearing that
WHEREFORE, the agreement
premises considered,is not
thecontrary to law, morals,
parties respectfully praygood
that
customs, public moral and public policy, and pursuant to Articles
the court approve this agreement and render judgment on the basis 2028 and
thereof.
2037
of the Civil Code of the Philippines, the same is hereby APPROVED and
ADOPTED (place) ,
as the Decision(date)
of this. court.

The parties are hereby ordered to______________________


___________________ faithfully comply with the terms and
conditions ofPlaintiff
the agreement. Defendant
2016 Revised Rules of Procedure for Small Claims
44 A.M. No.
Cases
08-8-7-SC43

FORM WHEREFORE,
11SCC judgment is hereby rendered approving the Compromise
Agreement and the parties are ordered to comply with the terms and
conditions, REPUBLIC OF THE PHILIPPINES
as follows:
_______________________________
(The_______________________________
judge should define the rights and obligations
of the parties under the judgment approving the Compromise
_______________________________
Agreement to be enforced by a Writ of Execution.)

(Title) (Case Number)


SO ORDERED.

DECISION
(place) , (date) .

This is a small claims action for (state which of the claims or demands
below is the subject of the action filed): ________________________
Presiding Judge
[For money owed under any of the following:

1. Contract of lease
2. Contract of loan
3. Contract of services
4. Contract of sale
5. Contract of mortgage; or

For liquidated damages arising from contracts;

The enforcement of a barangay amicable settlement or an arbitration


award involving a money claim covered by this Rule pursuant to
Section 417 of Republic Act 7160, otherwise known as The Local
Government Code of 1991.]

Plaintiff alleges that (state material allegations and prayer in the


Statement
of Claim).
Defendant alleges that (state reasons for denial of the claim and other
material allegations in the Response including counterclaims, if any).

On (date), both parties appeared during the hearing conducted by (state


name of Judge who conducted the dispute resolution. State whether parties
appeared personally or through a specially authorized representative.)

Considering the failure of the parties to arrive at any settlement of the


dispute, this court proceeded with the hearing of the case which was
terminated
on _________________.
2016 Revised Rules of Procedure for Small Claims
46 A.M. No.
Cases
08-8-7-SC45

FORMThe
12-SCC
issue to be resolved by this court is whether__________________.

Plaintiffs evidence consists of: (state documents of plaintiff, affidavits


submitted if any and REPUBLIC OF THE
statements made PHILIPPINES
by plaintiff and witnesses under oath
during the hearing.)_______________________________
_______________________________
_______________________________
Defendants evidence consists of: (state documents of defendant,
affidavits submitted if any and statements made by defendant and witnesses
under oath during the hearing.)
__________________________________,
Plaintiff,
This court finds that the claim of plaintiff (or defendant in a counterclaim)
is (state whether meritorious or devoid of merit). Under Article/Section (state
the applicable vs. provisions of law) or pursuant toCivil Case No.jurisprudence
established ______ (cite
For: _______________
applicable jurisprudence). In this case, this court found that (state first the
factual findings established by the evidence and then the legal conclusions).
__________________________________,
Defendant.
x- - -Wherefore,
- - - - - - - - -the
- - (claim/counterclaim)
- - - - - - - - - - - - - - -x is (granted/denied). This court orders
____________________ to pay to _______________________ the amount
of (state the monetary award or damages) with interest of (if applicable under
Civil Code and/or settled jurisprudence) until fully paid.
MOTION FOR EXECUTION

SO ORDERED.
Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:

1. On _______________, a judgment was rendered by the Court, the


dispositive(place) , which
portion of (date) .
reads:

2. The judgment is final, executory and unappealable.


____________________
3. The defendant has not complied with the judgment.
Presiding Judge
WHEREFORE, premises considered, it is respectfully prayed that a writ
Copy furnished:
of execution be issued to implement the judgment of the Court dated
__________________.
All parties
Office of the Clerk of Court of ____________
______________________, __________________.

_______________________

Plaintiff/Defendant
2016 Revised Rules of Procedure for Small Claims Cases 47

NOTICE OF HEARING

NAME OF DEFENDANT (If filed by the Plaintiff)


NAME OF PLAINTIFF (If filed by the Defendant)

NAME OF CLERK OF COURT

Please be notified that the undersigned will submit the foregoing motion
for the consideration and approval of the Court on _________________
at ______________.

(place) , (date) .

_____________________
Plaintiff/Defendant
48
2016 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC49

SEC. 3. Definition
COMPARATIVE of Terms.
STUDY For BETWEEN
(c) To introduce innovations
purposes of this THERule:2008 RULES AND and best practices for the
THE 2016 REVISED RULESbenefit OF PROCEDURE
of the underprivileged.
(a) Plaintiff refers to the party
FOR SMALL CLAIMS CASES
who initiated a small claims action. SEC. 4. Definition of Terms. For
The term includes a defendant who purposes of this Rule:
has filed a counterclaim(Amendments
againstin bold letters)
plaintiff; (a) Plaintiff refers to the party
who initiated a small claims action.
(b) Defendant The term includes a defendant who
THE RULE OF is the party THE REVISED RULES OF
against whom the plaintiff has has filed a counterclaim against
filed
PROCEDURE FOR SMALL PROCEDURE FOR SMALL
a small claims action. The term plaintiff;
CLAIMS CASES CLAIMS CASES
includes a plaintiff against whom a
defendant
S ECTION 1. has filed
Title. a claim,
This Rule or a SECTION(b) Defendant
1. Title. is the party
These Rules
person who replies to the claim; against whom
shall be known as The Rule of shall be known as The Revised the plaintiff has filed
Procedure for Small Claims a small
Rules ofclaims action.
Procedure for The
Smallterm
Cases.
(c) Person is an individual, includes a plaintiff against whom a
Claims Cases.
corporation, partnership, limited defendant has filed a claim, or a
liability partnership, association, person who replies to the claim;
orEC. 2. Scope.
SEC. 2. Scope. This Rule shall S These Rules shall
other
govern juridical entity endowed
the procedure in actions with
govern the procedure in actions
personality by law;
before the Metropolitan Trial (c) Person
before is an individual,
the Metropolitan Trial
Courts, Municipal Trial Courts in corporation,
Courts (MeTCs), partnership,
Municipallimited
Trial
Cities, Municipal
(d) Individual is Trial Courts and liability
a natural Courts in partnership,
Cities (MTCCs),association, or
person; Circuit Trial Courts for other
Municipal juridical
Municipal Trial entity
Courtsendowed
(MTCs) with
payment of money where the value personality
and Municipal by Circuit
law; Trial Courts
(e) Motion means a partys
of the claim does not exceed One(MCTCs) for payment of money
request,
Hundred written
Thousand or oral,
Pesosto the court where the value
(d) Individual is of the claim does
a natural
for an order or other action.
(P100,000.00) exclusive of interest It shall
not exceed Two Hundred
person;
include
and costs. an informal written requestThousand Pesos (P200,000.00)
to the court, such as a letter; (e) Motion
exclusive means aand
of interest partys
costs.
request, written or oral, to the court
(f) Goodcausemeans for an order or other action. It shall
circumstances sufficient to justifyinclude an informal written request
SEC. 3. Objectives
the requested order or other action, to the court, such as a letter;
as determined by the judge; and (a) To protect and advance
the(f)constitutional
Good cause means right of
persons
(g) Affidavit means a written circumstances sufficientto a speedy disposition
to justify
statement or declaration of facts of
the their cases;
requested order or other action,
that are sworn or affirmed to be as determined by the judge; and,
true. (b) To provide a simplified
and(g)inexpensive
Affidavit means a written
procedure for
statement or declaration
the disposition of small claims of facts
that
cases; areand,
sworn to or affirmed to be
true.
50 A.M. No. 08-8-7-SC

S EC . 4. Applicability. The S EC . 5. Applicability. The


Metropolitan Trial Courts, Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Trial Courts, and
Municipal Circuit Trial Courts shallMunicipal Circuit Trial Courts shall
apply this Rule in all actions whichapply this Rule in all actions that
are: (a) purely civil in nature where
are purely civil in nature where the
the claim or relief prayed for by claim or relief prayed for by the
the plaintiff is solely for paymentplaintiff is solely for payment or
or reimbursement of sum of money, reimbursement of sum of money.
and (b) the civil aspect of criminal
actions, either filed before the
institution of the criminal action, or
reserved upon the filing of the
criminal action in court, pursuant
to Rule 111 of the Revised Rules
of Criminal Procedure.

These claims or demands may be:


The claims or demands may be:
(a) For money owed under any (a) For money owed under any
of the following: of the following:

1. Contract of Lease; 1. Contract of Lease;


2. Contract of Loan; 2. Contract of Loan;
3. Contract of Services; 3. Contract of Services;
4. Contract of Sale; or 4. Contract of Sale; or
5. Contract of Mortgage; 5. Contract of Mortgage;

(b) For damages arising from (b) For liquidated damages


any of the following: arising from contracts;

1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a (c) The enforcement of a


barangay amicable settlement orbarangay amicable settlement or
an arbitration award involving a an arbitration award involving a
money claim covered by this Rulemoney claim covered by this Rule
pursuant to Sec. 417 of Republic pursuant to Sec. 417 of Republic
Act 7160, otherwise known as theAct 7160, otherwise known as the
2016 Revised Rules of Procedure for Small Claims Cases 51

Local Government Code of 1991. Local Government Code of 1991.


S EC . 5. Commencement of SEC. 6. Commencement of Small
Small Claims Action. A small Claims Action. A small claims
claims action is commenced by action is commenced by filing with
filing with the court an the court an accomplished and
accomplished and verified verified Statement of Claim (Form
Statement of Claim (Form 1-SCC)1-SCC) in duplicate, accompanied
in duplicate, accompanied by a by a Certification Against Forum
Certification of Non-Forum Shopping, Splitting a Single
Shopping (Form 1-A, SCC), and CauseofAction,and
two (2) duly certified photocopiesMultiplicity of Suits (Form 1-A-
of the actionable document/s SCC), and two (2) duly certified
subject of the claim, as well as the
photocopies of the actionable
affidavits of witnesses and other document/s subject of the claim,
evidence to support the claim. Noas well as the affidavits of
evidence shall be allowed during witnesses and other evidence to
the hearing which was not attached support the claim. No evidence
to or submitted together with theshall be allowed during the hearing
Claim, unless good cause is shown which was not attached to or
for the admission of additional submitted together with the
evidence. Statement of Claim, unless good
cause is shown for the admission
of additional evidence.

The plaintiff must state in the


Statement of Claim if he/she/it
is engaged in the business of
lending, banking and similar
activities, and the number of
small claims cases filed within
the calendar year regardless of
judicial station.

No formal pleading, other than No formal pleading, other than


the Statement of Claim describedthe Statement of Claim/s described
in this Rule, is necessary to initiate
in this Rule, is necessary to initiate
a small claims action. a small claims action.

SEC . 7. Venue. The regular


rules on venue shall apply.
52 A.M. No. 08-8-7-SC

However, if the plaintiff is


engaged in the business of
lending, banking and similar
activities, and has a branch
within the municipality or city
where the defendant resides,
the Statement of Claim/s shall
be filed where that branch is
located.

S EC . 6. Joinder of Claims. S EC . 8. Joinder of Claims.


Plaintiff may join in a single Plaintiff may join in a single
statement of claim one or more statement of claim one or more
separate small claims against a separate small claims against a
defendant provided that the totaldefendant provided that the total
amount claimed, exclusive of amount claimed, exclusive of
interest and costs, does not exceed
interest and costs, does not exceed
P100,000.00. Two Hundred Thousand Pesos
(P200,000.00).

SEC. 7. Affidavits. The affidavits SEC. 9. Affidavits. The affidavits


submitted under this Rule shall state
submitted under this Rule shall state
only facts of direct personal only facts of direct personal
knowledge of the affiants which knowledge of the affiants or based
are admissible in evidence. on authentic records, which are
admissible in evidence.

A violation of this requirement A violation of this requirement


shall subject the party, and the shall subject the party, and the
counsel who assisted the party incounsel who assisted the party in
the preparation of the affidavits, the
if preparation of the affidavits, if
any, to appropriate disciplinary any, to appropriate disciplinary
action.Theinadmissible action.Theinadmissible
affidavit(s) or portion(s) thereof affidavit(s) or portion(s) thereof
shall be expunged from the record. shall be expunged from the record.

The non-submission of the


required affidavits will cause the
immediate dismissal of the
claim or counterclaim.
2016 Revised Rules of Procedure for Small Claims Cases 53

SEC. 8. Payment of Filing Fees. S EC . 10. Payment of Filing


The plaintiff shall pay the docket Fees. The plaintiff shall pay the
and other legal fees prescribed docket and other legal fees
under Rule 141 of the Revised prescribed under Rule 141 of the
Rules of Court, unless allowed to Revised Rules of Court, unless
litigate as an indigent. allowed to litigate as an indigent.
Exemption from the payment of
filing fees shall be granted only
by the Supreme Court.
However, if more than five (5)
small claims are filed by one
party within the calendar year,
regardless of the judicial
station, an additional filing fee
of P500.00 shall be paid for
every claim filed after the fifth
(5th) claim, and an additional 100
or a total of P600.00 for every
claim filed after the tenth (10th)
claim, and another P100.00 or
a total of P700 for every claim
filed after the fifteenth (15 th)
claim, progressively and
cumulatively.

If the plaintiff is engaged in


the business of banking,
lending and similar activities,
the amount of filing and other
legal fees shall be the same as
those applicable to cases filed
under the regular rules.

A claim filed with a motion to A claim filed with a motion to


sue as indigent (Form 6-SCC) shall sue as indigent (Form 6-SCC) shall
be referred to the Executive Judge be referred to the Executive Judge
for immediate action in case of for immediate action in case of
multi-sala courts, or to the Presiding
multi-sala courts. If the motion is
Judge of the court hearing the small
granted by the Executive Judge,
claims case. If the motion is the case shall be raffled off or
54
2016 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC55

granted by the Executive Judge, similar


assigned activities
to the courtwhendesignated
in fact to
the case shall be raffled off or hear small
he/she/it is claims
so engaged,
cases.the If the
assigned to the court designatedStatement
motion
to is denied,
of Claim/sthe shall
plaintiff
be shall
hear small claims cases. If the dismissed
be given five with (5)prejudice
days within andwhich
motion is denied, the plaintiff shall
to pay the
plaintiff shalldocket
be meted
fees, otherwise,
the
be given five (5) days within whichthe case shall
appropriate sanctions,
be dismissed such without
as
to pay the docket fees, otherwise, prejudice.
direct contempt.
In no case shall a party,
the case shall be dismissed withouteven if declared an indigent, be
prejudice. In no case shall a party,
exempt from the payment of the
However,fee
even if declared an indigent, be P1,000.00 if the
for case
service doesof not
exempt from the payment of the fall under this
summons and Rule, but falls
processes.
P1,000.00 fee for service of under summary or regular
summons and processes in civil procedure, the case shall not
cases. be dismissed. Instead, the case
shall be re-docketed under the
appropriate procedure, and
returned to the court where it
SEC. 9. Dismissal of the Claim. was
SEC. assigned,
11. Dismissal subject
of theto Claim.
After the court determines that theAfter
payment the court
of any determines
deficiency that
in thethe
case falls under this Rule, it may,applicable
case falls under regular this
rate
Rule,of filing
it may,
from an examination of the from an
fees. If aexamination
case is filed of under
the the
allegations of the Statement of regular
allegationsor summary
of the Statement
procedure, of
Claim and such evidence attached Claim/s
but actually
and such
falls under
evidence this
attached
Rule,
thereto, by itself, dismiss the case the thereto,
case shall bybe itself,
referred
dismiss
outright on any of the grounds to thethecaseExecutive
outrightJudgeon any forof the
apparent from the Claim for the appropriate
grounds for the assignment.
dismissal of the
dismissal of a civil action. case. The order of dismissal
shall state if it is with or without
prejudice.
SEC. 10. Summons and Notice of SEC. 12. Summons and Notice of
Hearing. If no ground for Hearing. If no ground for
dismissal is found, the court shalldismissal
If, duringisthe found, the court
hearing, the shall
forthwith issue Summons (Form 2- forthwith
court is able issueto Summons
determine (Form that 2-
SCC) on the day of receipt of the SCC)
there on the a
exists day of receipt
ground for of the
Statement of Claim, directing theStatement
dismissal ofofthe Claim/s,
Statementdirecting
of the
defendant to submit a verified defendant
Claim/s, the tocourt
submit a verified
may, by itself,
Response. Response.
dismiss the case even if such
ground is not pleaded in the
defendants Response.
The court shall also issue a The court shall also issue a
Notice (Form 4-SCC) to both Notice of Hearing (Form 4-
parties, directing them to appearSCC) to both
If plaintiff parties, directing
misrepresents that them
before it on a specific date and to appear
he/she/ before
it is it on a specific
not engaged in the
time for hearing, with a warning date and of
business time for hearing,
banking, lending with
or a
56 A.M. No. 08-8-7-SC

that no unjustified postponementwarning that no unjustified


shall be allowed, as provided in postponement shall be allowed, as
Section 19 of this Rule. The provided in Section 21 of this Rule.
summons and notice to be served
on the defendant shall be The Summons to be served
accompanied by a copy of the on the defendant shall be
Statement of Claim and documents accompanied by a copy of the
submitted by plaintiff, and a copyStatement of Claim/s and
of the Response (Form 3-SCC) to documents submitted by
be accomplished by the defendant. plaintiff, and a blank Response
The Notice shall contain an express Form (Form 3-SCC) to be
prohibition against the filing of a accomplishedbythe
motion to dismiss or any other defendant.A Notice of Hearing
motion under Section 14 of this shall accompany the Summons
Rule. and shall contain: (a) the date
of the hearing, which shall not
be more than thirty (30) days
from the filing of the Statement
of Claim/s; and (b) the express
prohibition against the filing of
a motion to dismiss or any other
motion under Section 16 of this
Rule.

If Summons is returned
without being served on any or
all of the defendants, the court
shall order the plaintiff to cause
the service of summons and to
inform the court within thirty
(30) days from notice if said
summons was served or not;
otherwise, the Statement of
Claim/s shall be dismissed
without prejudice as to those
who were not served with
summons.

S EC . 11. Response. The S EC . 13. Response. The


defendant shall file with the courtdefendant shall file with the court
2016 Revised Rules of Procedure for Small Claims Cases 57

and serve on the plaintiff a duly and serve on the plaintiff a duly
accomplished and verified accomplished and verified
Response within a non-extendibleResponse within a non-extendible
period of ten (10) days from receipt
period of ten (10) days from receipt
of summons. The Response shall of summons. The Response shall
be accompanied by certified be accompanied by certified
photocopies of documents, as well photocopies of documents, as well
as affidavits of witnesses and other
as affidavits of witnesses and other
evidence in support thereof. No evidence in support thereof. No
evidence shall be allowed during evidence shall be allowed during
the hearing which was not attachedthe hearing which was not attached
to or submitted together with theto or submitted together with the
Response, unless good cause is Response, unless good cause is
shown for the admission of shown for the admission of
additional evidence. additional evidence.

The grounds for the dismissal of


the claim, under Rule 16 of the
Rules of Court, should be pleaded.

SEC. 12. Effect of Failure to File SEC. 14. Effect of Failure to File
Response. Should the defendantResponse. Should the defendant
fail to file his Response within thefail to file his/her/its Response
required period, and likewise fail within the required period, and
to appear at the date set for likewise fail to appear on the date
hearing, the court shall render set for hearing, the court shall
judgment on the same day, as may render judgment on the same day,
be warranted by the facts. as may be warranted by the facts
alleged in the Statement of
Claim/s.

Should the defendant fail to file Should the defendant fail to file
his Response within the required his/her/its Response within the
period but appears at the date set required period but appears on the
date set for hearing, the court shall
for hearing, the court shall ascertain
what defense he has to offer andascertain what defense he/she/it
proceed to hear, mediate or has to offer which shall
adjudicate the case on the same constitutehis/her/its
Response, and proceed to hear
day as if a Response has been filed.
or adjudicate the case on the same
day as if a Response has been filed.
58 A.M. No. 08-8-7-SC

SEC . 13. Counterclaims Within SEC . 15. Counterclaims Within


the Coverage of this Rule. If at the Coverage of this Rule. If at
the time the action is commenced, the time the action is commenced,
the defendant possesses a claim the defendant possesses a claim
against the plaintiff that (a) is within
against the plaintiff that (a) is within
the coverage of this Rule, exclusive the coverage of this Rule, exclusive
of interest and costs; (b) arises outof interest and costs; (b) arises out
of the same transaction or event of the same transaction or event
that is the subject matter of the that is the subject matter of the
plaintiff s claim; (c) does not plaintiffs claim; (c) does not
require for its adjudication the require for its adjudication the
joinder of third parties; and (d) isjoinder of third parties; and (d) is
not the subject of another pending not the subject of another pending
action, the claim shall be filed as action,
a the claim shall be filed as a
counterclaim in the Response; counterclaim in the Response;
otherwise, the defendant shall beotherwise, the defendant shall be
barred from suit on the barred from suing on the
counterclaim. counterclaim.

The defendant may also elect to The defendant may also elect to
file a counterclaim against the file a counterclaim against the
plaintiff that does not arise out ofplaintiff that does not arise out of
the same transaction or occurrence, the same transaction or occurrence,
provided that the amount and nature provided that the amount and nature
thereof are within the coverage of thereof are within the coverage of
this Rule and the prescribed docket this Rule and the prescribed docket
and other legal fees are paid. and other legal fees are paid.

S EC. 14. Prohibited Pleadings S EC. 16. Prohibited Pleadings


and Motions. The following and Motions. The following
pleadings, motions, or petitions shall
pleadings, motions, or petitions shall
not be allowed in the cases covered
not be allowed in the cases covered
by this Rule: by this Rule:

(a) Motion to dismiss the (a) Motion to dismiss the


complaint; Statement of Claim/s;

(b) Motion for a bill of (b) Motion for a bill of


particulars; particulars;

(c) Motion for new trial, or for (c) Motion for new trial, or for
2016 Revised Rules of Procedure for Small Claims Cases 59

reconsideration of a judgment, orreconsideration of a judgment, or


for reopening of trial; for reopening of trial;

(d) Petition for relief from (d) Petition for relief from
judgment; judgment;

(e) Motion for extension of time (e) Motion for extension of time
to file pleadings, affidavits, or any
to file pleadings, affidavits, or any
other paper; other paper;

(f) Memoranda; (f) Memoranda;


(g) Petition for certiorari, (g) Petition for certiorari,
mandamus, or prohibition againstmandamus, or prohibition against
any interlocutory order issued byany interlocutory order issued by
the court; the court;

(h) Motion to declare the (h) Motion to declare the


defendant in default; defendant in default;

(i) Dilatory motions for (i) Dilatory motions for


postponement; postponement;

(j) Reply; (j) Reply and rejoinder;


(k) Third-party complaints; and (k) Third-party complaints; and
(l) Interventions. (l) Interventions.
SEC. 15. Availability of Forms; SEC. 17. Availability of Forms;
Assistance by Court Personnel. Assistance by Court Personnel.
The Clerk of Court or other court The Clerk of Court or other court
personnel shall provide such personnel shall provide such
assistance as may be requested by assistance as may be requested by
a plaintiff or a defendant regarding
a plaintiff or a defendant regarding
the availability of forms and otherthe availability of forms and other
information about the coverage, information about the coverage,
requirements as well as procedure requirements as well as procedure
for small claims cases. for small claims cases.

SEC. 16. Appearance. The partiesS EC . 18. Appearance. The


shall appear at the designated date
parties shall personally appear on
of hearing personally. the designated date of hearing.

Appearance through a Appearance through a


60 A.M. No. 08-8-7-SC

representative must be for a validrepresentative must be for a valid


cause. The representative of an cause. The representative of an
individual-party must not be a individual-party must not be a
lawyer, and must be related to orlawyer, and must be related to or
next-of-kin of the individual-party.next-of-kin of the individual-party.
Juridical entities shall not be Juridical entities shall not be
represented by a lawyer in any represented by a lawyer in any
capacity. capacity.

The representative must be The representative must be


authorized under a Special Powerauthorized under a Special Power
of Attorney (Form 5-SCC) to enterof Attorney (Form 7-SCC) to
into an amicable settlement of theenter into an amicable settlement
dispute and to enter into stipulations
of the dispute and to enter into
or admissions of facts and of stipulations or admissions of facts
documentary exhibits. and of documentary exhibits.

S EC . 17. Appearance of S EC . 19. Appearance of


Attorneys Not Allowed. No Attorneys Not Allowed. No
attorney shall appear in behalf ofattorney shall appear in behalf of
or represent a party at the hearing,
or represent a party at the hearing,
unless the attorney is the plaintiffunless the attorney is the plaintiff
or defendant. or defendant.

If the court determines that a If the court determines that a


party cannot properly present his/party cannot properly present his/
her claim or defense and needs her claim or defense and needs
assistance, the court may, in its assistance, the court may, in its
discretion, allow another individual
discretion, allow another individual
who is not an attorney to assist who is not an attorney to assist
that party upon the latters consent.
that party upon the latters consent.

S EC . 18. Non-appearance of S EC . 20. Non-appearance of


Parties. Failure of the plaintiff to Parties. Failure of the plaintiff to
appear shall be cause for the appear shall be cause for the
dismissal of the claim without dismissal of the claim without
prejudice. The defendant who prejudice. The defendant who
appears shall be entitled to appears in the absence of the
judgment on a permissive plaintiff shall be entitled to
counterclaim. judgment on a permissive
counterclaim.
2016 Revised Rules of Procedure for Small Claims Cases 61

Failure of the defendant to Failure of the defendant to


appear shall have the same effect appear shall have the same effect
as failure to file a Response underas failure to file a Response under
Section 12 of this Rule. This shallSection 14 of this Rule. This shall
not apply where one of two or more not apply where one of two or more
defendants who are sued under adefendants who are sued under a
common cause of action and have common cause of action and have
pleaded a common defense pleaded a common defense
appears at the hearing. appears at the hearing.

Failure of both parties to appear Failure of both parties to appear


shall cause the dismissal with shall cause the dismissal with
prejudice of both the claim and prejudice of both the Statement of
counterclaim. Claim/s and counterclaim.

S EC . 19. Postponement When S EC . 21. Postponement When


Allowed. A request for Allowed. A request for
postponement of a hearing may be postponement of a hearing may be
granted only upon proof of the granted only upon proof of the
physical inability of the party to physical inability of the party to
appear before the court on the appear before the court on the
scheduled date and time. A partyscheduled date and time. A party
may avail of only one (1) may avail of only one (1)
postponement. postponement.

SEC. 20. Duty of the Court. At SEC. 22. Duty of the Court. At
the beginning of the court session,
the beginning of the court session,
the judge shall read aloud a shortthe judge shall read aloud a short
statement explaining the nature, statement explaining the nature,
purpose and the rule of procedure purpose and the rule of procedure
of small claims cases. of small claims cases.

S EC . 21. Hearing. At the S EC . 23. Hearing. At the


hearing, the judge shall exert efforts
hearing, the judge shall first exert
to bring the parties to an amicable
efforts to bring the parties to an
settlement of their dispute. Any amicable settlement of their
settlement (Form 7-SCC) or dispute. If efforts at settlement
resolution (Form 8-SCC) of the fail, the hearing shall
dispute shall be reduced into immediately proceed in an
writing, signed by the parties andinformal and expeditious
62 A.M. No. 08-8-7-SC

submitted to the court for approval


manner and be terminated
(Form 12-SCC). within the same day.

Settlement discussions shall be Any settlement (Form 8-SCC)


strictly confidential and any or resolution of the dispute shall be
reference to any settlement made reduced into writing, signed by the
in the course of such discussions parties and submitted to the court
shall be punishable by contempt.for approval (Form 9-SCC and
Form 10-SCC).
SEC. 22. Failure of Settlement.
If efforts at settlement fail, the
hearing shall proceed in an informal
and expeditious manner and be
terminated within one (1) day.
Either party may move in writing
(Form 10-SCC) to have another
judge hear and decide the case.
The reassignment of the case shall
be done in accordance with
existing issuances.

The referral by the original judge


to the Executive Judge shall be
made within the same day the
motion is filed and granted, and by
the Executive Judge to the
designated judge within the same
day of the referral. The new judge
shall hear and decide the case
within five (5) working days from
receipt of the order of
reassignment.

S EC . 23. Decision. After the S EC . 24. Decision. After the


hearing, the court shall render itshearing, the court shall render its
decision on the same day, based decision
on based on the facts
the facts established by the established by the evidence
evidence (Form 13-SCC). The (Form 11-SCC), within twenty
decision shall immediately be four(24)hoursfrom
entered by the Clerk of Court in termination of the hearing. The
decision shall immediately be
the court docket for civil cases and
2016 Revised Rules of Procedure for Small Claims Cases 63

a copy thereof forthwith served on


entered by the Clerk of Court in
the parties. the court docket for civil cases and
a copy thereof forthwith served on
the parties.

The decision shall be final and The decision shall be final,


unappealable. executory and unappealable.

S EC . 24. Execution. If the SEC. 25. Execution. When the


decision is rendered in favor of the
decision is rendered, execution shall
plaintiff, execution shall issue upon
issue upon motion (Form 12-SCC)
motion (Form 9-SCC). of the winning party.

S EC . 26. Certification of
documents. All documents
attached to the Statement of
Claim/s or Response that are
required to be certified, except
public or official documents,
shall be certified by the
signature of the plaintiff or
defendant concerned.

S EC . 25. Applicability of the S EC . 27. Applicability of the


Rules of Civil Procedure. The Rules of Civil Procedure. The
Rules of Civil Procedure shall apply
Rules of Civil Procedure shall apply
suppletorily insofar as they are not
suppletorily insofar as they are not
inconsistent with this Rule. inconsistent with this Rule.

SEC. 28. Non-applicability. The


rules on mediation/judicial
dispute resolution shall not
apply, inasmuch as the parties
may enter into compromise at
any stage of the proceedings.

SEC. 26. Effectivity. This Rule S EC . 29. Effectivity. These


shall take effect on October 01, Revised Rules shall take effect
on February 1, 2016 following their
2008 for the pilot courts designated
to apply the procedure for small publication in two newspapers of
claims cases following its general circulation. They shall
publication in two newspapers ofgovern all cases filed after their
64 A.M. No. 08-8-7-SC

generalcirculation.The effectivity, and also all pending


amendments to this Rule shall take
proceedings, except to the
effect ninety (90) days from extent that in the opinion of the
publication in two (2) newspaperscourt, their application would
of general circulation. not be feasible or would work
injustice, in which case the
procedure under which the
cases were filed shall govern.

SMALL CLAIMS
STANDARD FORMS

The following forms shall be


used. Substantial compliance
therewith shall be sufficient.

(See attached forms)

Anda mungkin juga menyukai