RULE OF PROCEDURE FOR SMALL CLAIMS CASES

SECTION 1. Title.—This Rule shall be known as “The Rule of
Procedure for Small Claims Cases.”

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.

SEC. 3. Definition of Terms.—For purposes of this Rule:

(a) Plaintiff refers to the party who initiated a small
claims action. The term includes a defendant who
has filed a counterclaim against plaintiff;

(b) Defendant is the party against whom the plaintiff has
filed a small claims action. The term includes a
plaintiff against whom a defendant has filed a claim,
or a person who replies to the claim;

(c) Person is an individual, corporation, partnership,
limited liability partnership, association, or other
juridical entity endowed with personality by law;

(d) Individual is a natural person;

(e) Motion means a party’s request, written or oral, to
the court for an order or other action. It shall
include an informal written request to the court,
such as a letter;

(f) Good cause means circumstances sufficient to justify
the requested order or other action, as determined
by the judge; and
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(g) Affidavit means a written statement or declaration of
facts that are sworn or affirmed to be true.

SEC. 4. Applicability.—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:

(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.

SEC. 5. Commencement of Small Claims Action.—A small
claims action is commenced by filing with the court an accomplished
and verified Statement of Claim (Form 1-SCC) in duplicate,
accompanied by a Certification of Non-forum Shopping (Form 1-A,
SCC), and two (2) duly certified photocopies of the actionable
document/s subject of the 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
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together with the Claim, unless good cause is shown for the admission
of additional evidence.

No formal pleading, other than the Statement of Claim described
in this Rule, is necessary to initiate a small claims action.

SEC. 6. 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 P100,000.00.

SEC. 7. Affidavits.—The affidavits submitted under this Rule
shall state only facts of direct personal knowledge of the affiants
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.

SEC. 8. 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.
A claim filed with a motion to sue as indigent (Form 6-SCC)
shall be referred to the Executive Judge for immediate action in case
of multi-sala courts, or to the Presiding Judge of the court hearing
the small claims case. If the motion is granted by the Executive
Judge, the case shall be raffled off or assigned to the court designated
to hear small claims cases. If the motion is denied, the plaintiff
shall be given five (5) days within which to pay the docket fees,
otherwise, the case shall be dismissed without prejudice. In no case
shall a party, even if declared an indigent, be exempt from the
payment of the P1,000.00 fee for service of summons and processes
in civil cases.

SEC. 9. Dismissal of the Claim.—After the court determines
that the case falls under this Rule, it may, from an examination of
the allegations of the Statement of Claim and such evidence attached
thereto, by itself, dismiss the case outright on any of the grounds
apparent from the Claim for the dismissal of a civil action.
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SEC. 10. Summons and Notice of Hearing.—If no ground for
dismissal is found, the court shall forthwith issue Summons (Form
2-SCC) on the day of receipt of the Statement of Claim, directing
the defendant to submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both
parties, directing them to appear before it on a specific date and
time for hearing, with a warning that no unjustified postponement
shall be allowed, as provided in Section 19 of this Rule.
The summons and notice to be served on the defendant shall
be accompanied by a copy of the Statement of Claim and documents
submitted by plaintiff, and a copy of the Response (Form 3-SCC) to
be accomplished by the defendant. The Notice shall contain an
express prohibition against the filing of a motion to dismiss or any
other motion under Section 14 of this Rule.

SEC. 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.

SEC. 12. Effect of Failure to File Response.—Should the
defendant fail to file his Response within the required period, the
court by itself shall render judgment as may be warranted by the
facts alleged in the Statement of Claim limited to what is prayed for.
The court however, may, in its discretion, reduce the amount of
damages for being excessive or unconscionable.

SEC. 13. Counterclaims Within the 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 plaintiff’s
claim; (c) does not require for its adjudication the joinder of third
parties; and (d) is not the subject of another pending action, the
Rule of Procedure for Small Claims Cases 9
claim shall be filed as a counterclaim in the Response; otherwise,
the defendant shall be barred from suit on the counterclaim.
The defendant may also elect to file a counterclaim against the
plaintiff that does not arise out of the same transaction or occurrence,
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. 14. 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 complaint except on the ground
of lack of jurisdiction;
(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;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.

SEC. 15. 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. 16. Appearance.—The parties shall appear at the
designated date of hearing personally or through a representative
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authorized under a Special Power of Attorney (Form 5-SCC) to
enter into an amicable settlement, to submit to Judicial Dispute
Resolution (JDR) and to enter into stipulations or admissions of
facts and of documentary exhibits.

SEC. 17. 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 upon the latter’s consent.

SEC. 18. Non-appearance of Parties.—Failure of the plaintiff
to appear shall be cause for the dismissal of the claim without
prejudice. The defendant who appears 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 12 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.
Failure of both parties to appear shall cause the dismissal with
prejudice of both the claim and counterclaim.

SEC. 19. 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. 20. 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. 21. Judicial Dispute Resolution.—At the hearing, the
judge shall conduct Judicial Dispute Resolution (JDR) through
mediation, conciliation, early neutral evaluation, or any other mode
of JDR. 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).
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SEC. 22. Failure of JDR.—If JDR fails and the parties agree
in writing (Form 10-SCC) that the hearing of the case shall be
presided over by the judge who conducted the JDR, the hearing
shall so proceed in an informal and expeditious manner and terminated
within one (1) day.
Absent such agreement, (a) in case of a multi-sala court, the
case shall, on the same day, be transmitted (Form 11-SCC) to the
Office of the Clerk of Court for immediate referral by the Executive
Judge to the pairing judge for hearing and decision within five (5)
working days from referral; and (b) in case of a single sala court,
the pairing judge shall hear and decide the case in the court of origin
within five (5) working days from referral by the JDR judge.

SEC. 23. Decision.—After the hearing, the court shall render
its decision on the same day, based on the facts established by the
evidence (Form 13-SCC). 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 and unappealable.

SEC. 24. Execution.—If the decision is rendered in favor of
the plaintiff, execution shall issue upon motion (Form 9-SCC).

SEC. 25. 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. 26. Effectivity.—This Rule shall take effect on October
1, 2008 for the pilot courts designated to apply the procedure for
small claims cases following its publication in two newspapers of
general circulation.