LEGAL BRIEF Facts of the Case: The complainant in this case is the spouses Mr. C and Mrs.

C, a resident of Brgy. DC, Bukidnon. The complainants are owners of a parcel of land in which they planted sugarcane. Every time the sugarcane matures they hire workers to help them harvest it. The respondents in this case are farm worker who incurred indebtedness to the spouses. The complainant alleged that before the harvest season starts, they had an agreement between the respondents. The respondents asked for an advance payment and in return, the latter promise to render services to the spouses in the coming harvest period. Also, the complainant show as evidence of the agreement the original copy of the document containing signatures of the respondents that they receive the advance payment. But then, before the end of the harvest season, around 20 workers leave, leaving indebtedness to the spouses of P50, 000 or P2, 500 each. Despite several demands for reimbursement of money, the respondents neglect it and did not answer to the demand that prompted the spouses to bring the matter to Barangay AP, Bukidnon were the respondents live. During the hearing, the respondents admitted the allegation of the complainant and promise to pay the indebtedness by installment basis on which the complainant agree. The complainant wants to elevate the matter to the court since despite effort of demand to the respondents, no one fulfill their promise to pay. The complainants asked another hearing to the barangay but some of the respondents did not attend in the hearing. The case arose April 2010. Now, the complainant is requesting for a certification to the barangay where the case was heard for them to elevate the case to a higher tribunal.

Issues of the Case:

I.

Whether or not Rules of Procedure on Small Money Claims is applicable in this case.

II.

Whether or not regular courts has jurisdiction over the disputed case.

III.

Whether or not the case may be filed on time despite the fact that one year had lapsed from the time the incident happened.

Discussions I. RULES OF PROCEDURE ON SMALL CLAIMS IS APPLICABLE IN THIS CASE

The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial

Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or 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:

Section 4, Rule of Procedure for Small Claims, effective October 1, 2008.

(a) For money owed under any of the following: 1. Contract of Lease; 2. Contract of Loan; 3. Contract of Services; 4. Contract of Sale; or 5. Contract of Mortgage; (b) For damages arising from any of the following: 1. Fault or negligence; 2. Quasi-contract; or 3. Contract; (c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991. Since the case is purely civil in nature and also it belongs to paragraph (c) of the Rule, then the Rules of Procedure on Small Claims is the one applicable in this case.

II.

SMALL CLAIM COURTS HAS THE JURISDICTION OVER THE DISPIUTED CASE

SEC. 2. Scope. This Rule shall govern the procedure in actions

before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100, 000.00) exclusive of interest and costs.
2

Section 2, Rule of Procedure for Small Claims, effective October 1, 2008.

The amount involved in this case is only P50, 000.00, so, the Small Claim Courts and that is the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts has jurisdiction over the case.

III.

ACTION MAY BE FILED DESPITE THE LAPSED OF ONE YEAR

( hehe.. dri pko taman.. tiwason p nko later)