RE PU N ES
PI
BL IC BATAS A T BAYAN
IP
IL
OF T HE PH
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
Page
PI
BL IC BATAS A T BAYAN
IP
IL
Vice-Chairperson: Hon. Lucas P. Bersamin
OF T HE PH
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
3
2016 Revised Rules of Procedure for Small Claims Cases 5
December 8, 2015.
On official leave
TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice Associate Justice
6 A.M. No. 08-8-7-SC
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
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
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;
FORM 1-SCC
__________________________,
Plaintiff,
vs. Civil Case No. ________________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x
STATEMENT OF CLAIM
(HABLA NG PAGSINGIL)
NATURE OF BUSINESS:
(Uri ng Negosyo)
BANKING LENDING
(Bangko) (Pagpapautang)
OTHERS/PLEASE INDICATE________________________
(Iba pang uri ng negosyo)
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)
(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
In person By phone
(Sa kanya mismo) (Sa telepono)
Yes No
(Oo (Hindi)
State reason:
_________________________________________________
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:
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
______________________
Affiant
______________________
NOTARY PUBLIC
26 A.M. No. 08-8-7-SC
FORM 2-SCC
_______________________________
_______________________________
_______________________________
_____________________________,
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.
_________________________
BRANCH CLERK OF COURT
FORM 3-SCC
_______________________________
_______________________________
_______________________________
_____________________________,
Plaintiff,
vs. Civil Case No. ________________
For: _______________________
_____________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
RESPONSE
(SAGOT)
Defendant/s state/s:
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]
(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?)
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)
____ 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)
________________________
DEFENDANT
(Hinahabla)
32 A.M. No. 08-8-7-SC
FORM 4-SCC
_______________________________
__________________________________,
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 _______________.
__________________________, Philippines.
_______________________________
Branch Clerk of Court
(Sangay na Kawani ng Hukuman)
FORM 5-SCC
_______________________________
__________________________________,
Plaintiff,
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
PLAINTIFFS RETURN/MANIFESTATION
_____________________
PLAINTIFF
2016 Revised Rules of Procedure for Small Claims
36 A.M. No.
Cases
08-8-7-SC35
FORM 6-SCC
5-A-SCC
_______________________________
__________________________________,
Plaintiff,
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
Other reliefs just and equitable under the premises are likewise prayed
for.
______________________
PLAINTIFF
38 A.M. No. 08-8-7-SC
FORM 7-SCC
_______________________________
Principal
_______________________________
Agent
(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,
JOINT MOTION
(FOR DISMISSAL)
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
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.
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.
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.)
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
FORMThe
12-SCC
issue to be resolved by this court is whether__________________.
SO ORDERED.
Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
_______________________
Plaintiff/Defendant
2016 Revised Rules of Procedure for Small Claims Cases 47
NOTICE OF HEARING
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
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
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.
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.
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
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.
(c) Motion for new trial, or for (c) Motion for new trial, or for
2016 Revised Rules of Procedure for Small Claims Cases 59
(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;
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 . 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.
SMALL CLAIMS
STANDARD FORMS