SUPREME COURT
Manila
RESOLUTION
Pursuant to the action of the Court en banc in its session held on October 27, 2009, Sections 11, 12, 14,
16, 21, and 22 of the Rule of Procedure for Small Claims Cases, including the attached Forms, are
AMENDED to read as follows:
Section 11. Response. - The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non-extendible period of ten (10) days from receipt of
summons. The Response shall be accompanied by certified photocopies of documents, as well as
affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the
hearing which was not attached to or submitted together with the Response, unless good cause is shown
for the admission of additional evidence.
THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES
OF COURT, SHOULD BE PLEADED.
Section 12. Effect of Failure to File Response. - Should the defendant fail to file his Response within the
required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET FOR HEARING, THE
COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY
THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED PERIOD
BUT APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN
WHAT DEFENSE HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR
ADJUDICATE THE CASE ON THE SAME DAY AS IF A RESPONSE HAS BEEN FILED.
Section 14. Prohibited Pleadings and Motions. - The following pleadings, motions, or petitions shall not
be allowed in the cases covered by this Rule:
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(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;
(j) Reply;
(l) Interventions.
Section 16. Appearance .- The parties shall appear at thedesignated date of hearing personally.
THE REPRESENTATIVE MUST BE authorized under a Special Power of Attorney ( Form 5-SCC ) to
enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations or admissions of
facts and of documentary exhibits.
Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THE
PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-
SCC ) or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the parties and
submitted to the court for approval ( Form 12-SCC ).
Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall
proceed in an informal and expenditious 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 WITH EXISTING ISSUANCES.
The amendments of the Rule shall take effect on November 3, 2009 following its publication in two (2)
newspapers of general circulation.
(on leave)
Signed MINITA V. CHICO-NAZARIO
PRESBITERO J. VELASCO, JR.
Associate Justice
Associate Justice
(on leave)
LUCAS P. BERSAMIN
MARIANO C. DEL CASTILLO
Associate Justice
Associate Justice