Small Claims Pamphlet

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2016 Revised Rules of Procedure for Small Claims Cases 65

R E ME UR
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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
896 PHILIPPINE REPORTS

Page
2016 Revised Rules of Procedure for Small Claims Cases 1

TABLE OF CONTENTS

Pag
e

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 – Plaintiff’s Return/Manifestation....................................34
Form 5-A-SCC – Plaintiff’s 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 Cases 3

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Republic of the Philippines


Supreme Court
Manila

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

THE RULES OF PROCEDURE


FOR SMALL CLAIMS CASES

RESOLUTION

WHEREAS, after a two-year pilot test, on March 18, 2010, the


Rules of Procedure for Small Claims Cases was promulgated and
made effective to all first level courts nationwide;
WHEREAS, from the time the Rules of Procedure for Small
Claims Cases was implemented, it has been found to be an effective
tool in providing a simplified and inexpensive recourse for litigants to
assert their claims;
WHEREAS, due to its success, there is a need to introduce
amendments to the existing Rules to be more effective in reducing the
dockets of the first level courts, a wider coverage, and better access to
the courts by the underprivileged, among others;
WHEREAS, on August 11, 2015, the Special Committee on
Small Claims Cases (Committee) was created under Memorandum
Order No. 32-2015 to “review the existing Rules of Procedure for
Small Claims Cases to fulfill the Judiciary’s objective of expediting
trial and resolving cases effectively and efficiently.”

3
4 A.M. No. 08-8-7-SC

WHEREAS, the Committee is composed of the following:


Chairperson: Hon. Diosdado M. Peralta
Associate Justice, Supreme Court
Vice-Chairperson: Hon. Lucas P. Bersamin
Associate Justice, Supreme Court
Members: Hon. Martin S. Villarama, Jr.
Associate Justice, Supreme Court
Hon. Jose C. Mendoza
Associate Justice, Supreme Court
Hon. Estela M. Perlas-Bernabe
Associate Justice, Supreme Court
Hon. Jose Midas P. Marquez
Court Administrator, Supreme Court
Hon. Fernanda Lampas Peralta
Associate Justice, Court of Appeals
Hon. Jackie B. Crisologo-Saguisag
Metropolitan Trial Court, Makati City, Branch 67
Atty. Ma. Lourdes E.B. Oliveros
Office of the Chief Justice
Secretary: Atty. Jason J. Zapanta
Office of Associate Justice Diosdado M. Peralta
Assistant Secretary: Atty. Jilliane Joyce R. De Dumo
Office of the Chief Justice
WHEREAS, to aid the Committee in reviewing pending issues
on the Rules of Procedure for Small Claims Cases, a Technical
Working Group (TWG) was created as follows:
Chairperson: Hon. Fernanda Lampas Peralta
Associate Justice, Court of Appeals
Members: Hon. Jackie B. Crisologo-Saguisag Metropolitan
Trial Court, Makati City, Branch 67
Hon. Juris D. Dilinila-Callanta Metropolitan
Trial Court, Quezon City, Branch 42
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 Cases 7

THE 2016 REVISED RULES OF PROCEDURE FOR


SMALL CLAIMS CASES
SECTION 1. Title.– These Rules shall be known as “The Revised
Rules of Procedure for Small Claims Cases.”
SEC. 2. Scope.– These Rules shall govern the procedure in
actions before the Metropolitan Trial Courts (MeTCs), Municipal Trial
Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and
Municipal Circuit Trial Courts (MCTCs) for payment of money where
the value of the claim does not exceed Two Hundred Thousand Pesos
(P200,000.00) exclusive of interest and costs.
SEC. 3. Objectives
(a) To protect and advance the constitutional right of persons
to a speedy disposition of their cases;
(b) To provide a simplified and inexpensive procedure for the
disposition of small claims cases; and,
(c) To introduce innovations and best practices for the benefit
of the underprivileged.
SEC. 4. 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;

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

(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,
(g) Affidavit means a written statement or declaration of facts
that are sworn to or affirmed to be true.
SEC. 5. 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 that are purely civil in
nature where the claim or relief prayed for by the plaintiff is solely for
payment or reimbursement of sum of money.
The claim or demand 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 liquidated damages arising from contracts;
(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. 6. 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 Against Forum Shopping, Splitting a Single Cause of
Action, and Multiplicity of Suits (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 together with the Statement of Claim, 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 Two Hundred Thousand Pesos (P200,000.00).
SEC. 9. Affidavits.– The affidavits submitted 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
th
the fifth (5 ) claim, and an additional 100.00 or a total of 600.00 for
th
every claim filed after the tenth (10 ) claim, and another 100.00 or a
th
total of 700 for every claim filed after the fifteenth (15 ) claim,
progressively and cumulatively.
10 A.M. No. 08-8-7-SC

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 sue as indigent (Form 6-SCC)
shall be referred to the Executive Judge for immediate action in case
of multi-sala courts. 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.
SEC. 11. Dismissal of the Claim.– After the court determines
that the case falls under these Rules, it may, from an examination of
the allegations of the Statement of Claim/s and such evidence attached
thereto, by itself, dismiss the case outright on any of the grounds for
the dismissal of the case. The order of dismissal shall state if it is with
or without prejudice.
If, during the hearing, the court is able to determine that there
exists a ground for dismissal of the Statement of Claim/s, the court
may, by itself, dismiss the case even if such ground is not pleaded in
the defendant’s Response.
If plaintiff misrepresents that he/she/ it is not engaged in the business of
banking, lending or similar activities when in fact he/she/it is so engaged, the
Statement of Claim/s shall be dismissed with prejudice and plaintiff shall be
meted the appropriate sanctions, such as direct contempt.
However, if the case does not fall under this Rule, but falls under
summary or regular procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed under the appropriate procedure,
and returned to the court where it was assigned, subject to payment of
any deficiency in the applicable regular rate of filing fees. If a case is
filed under the regular or summary procedure, but actually falls under
this Rule, the case shall be referred to the Executive Judge for
appropriate assignment.
SEC. 12. Summons and Notice of Hearing.– If no ground for
dismissal is found, the court shall forthwith issue Summons (Form 2-
2016 Revised Rules of Procedure for Small Claims Cases 11

SCC) on the day of receipt of the Statement of Claim/s, directing the


defendant to submit a verified Response.
The court shall also issue a Notice of Hearing (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 21 of this Rule.
The Summons to be served on the defendant shall be
accompanied by a copy of the Statement of Claim/s and documents
submitted by plaintiff, and a blank Response Form (Form 3-SCC) to
be accomplished by the defendant.
A Notice of Hearing shall accompany the Summons 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 shall 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.
SEC. 13. 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. 14. Effect of Failure to File Response.– Should the
defendant fail to file his/her/its Response within the required period,
and likewise fail to appear on the date set for hearing, the court shall
render judgment on the same day, as may be warranted by the facts
alleged in the Statement 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 as if a Response has been filed.
SEC. 15. 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 claim shall be filed as a
counterclaim in the Response; otherwise, the defendant shall be barred
from suing 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. 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.
SEC. 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 not be represented by a lawyer in any capacity.
The representative must 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 upon the latter’s consent.
SEC. 20. Non-appearance of Parties.– Failure of the plaintiff to
appear shall 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.
SEC. 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)
PLAINTIFF’S 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 PLAINTIFF’S 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)

DEFENDANT’S 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 Cases 19

NAME OF DEFENDANT’S 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

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK: ___________________________________________


(Lugar ng Pinagtatrabahuan)

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.) (Selpon Blg.)

If more than one (1) defendant, list next defendant here:


(Kung higit sa isa (1) ang Hinahabla, ilagay ang susunod na hinahabla
rito:)
_______________________ ______ ______ _____________
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)

DEFENDANT’S HOME ADDRESS:


(Pahatirang Sulat sa Bahay ng Hinahabla)

(City) ___________________________________ ________


(Lungsod) Zip Code
20 A.M. No. 08-8-7-SC
(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 DEFENDANT’S 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


Telephone No. ______________ Cellphone No._____________

(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK: ___________________________________________


(Lugar ng Pinagtatrabahuan)

Telephone No. ______________ Cellphone No._____________


(Telepono Blg.) (Selpon Blg.)

*Note: If you need more space, you can write at the back of this Form.
(*Tala: Kung kailangan mo ng karagdagang patlang, maaari mong isulat sa
likod ng Form na ito.)
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 Cases 23

7. By 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 ito.)

PRAY E R
(PAGSAMO)

WHEREFORE, plaintiff respectfully prays for judgment ordering


defen-dant to pay the amount of P ____________, with interest at the rate of
_____% per annum/per month from ___________________ until fully paid.

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


ang kapasiyahang utusan ang Hinahabla na magbayad sa Naghahabla ng
halagang P_____________, pati ang tubo na ______% bawat taon/ buwan
simula _______________ hanggang ganap o lubos na mabayaran ito.)
__________________________________, ____________, 20___.

______________________
FOR OFFICIAL USE ONLY PLAINTIFF
(Para sa Opisyal na gamit lamang)
- To be accomplished by the Branch Clerk of Court-
(Naghahabla)

(Sasagutan ng Kawani ng Hukuman)

1. Cause of action
Check
Promissory Note
Contract
Oral Written
Barangay Agreement
Others (Please specify):
_________________________________.

2. _____ Barangay conciliation required. If yes,


_____ Certificate to File Action
_____ Compromise Agreement
attached.
_____ Barangay conciliation not required.
Please state the reason):
________________________________________.
24 A.M. No. 08-8-7-SC

FORM 1-A-SCC

VERIFICATIONAND CERTIFICATIONAGAINST NON-FORUM


SHOPPING, SPLITTING A SINGLE CAUSE OF ACTION AND
MULTIPLICITY OF SUITS

I,_________________________ of legal age, _________________,


(name) (citizenship)
__________________, and a resident of _________________________,
(civil status) (residence)

on oath, state:

1. That I am the _____________________ in the above-entitled case have


caused this _______________________________ to be prepared; that I
read and understood its contents which are true and correct of my own
personal knowledge and/or based on true records;

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
before the Office of the City Prosecutor of _______________________
; that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any other tribunal
or agency, and that, if I should learn thereafter that a similar action or
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
therefrom.

3. That the filing of this case is not in violation of the rule against splitting
a single cause of action or multiplicity of suits.

4. That I knowingly and voluntarily waive and forego the institution of any
criminal complaint for Violation of Batas Pambansa Blg. 22 against the
defendant herein based on the same check/s subject matter of this Small
Claims Complaint.
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 A.M. No. 08-8-7-SC

____ In person ____ Others (specify) ___________


(Sa kanya mismo) (Iba pa) [ano ito?]
____ In writing
(Sa sulat)
____ By phone
(Sa telepono)

3. Do you have 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)
2016 Revised Rules of Procedure for Small Claims Cases 31

VERIFICATION AND CERTIFICATION AGAINST NON-


FORUM SHOPPING, SPLITTING A SINGLE CAUSE OF
ACTION AND MULTIPLICITY OF SUITS
(if with permissive counterclaim)

(PAGPAPATOTOO O PAGPAPATUNAY NA WALANG IBANG


KASONG NAKASAMPA/NAKABINBIN SA IBANG HUKUMAN)
(kapag may ganting habol na pinahihintulutan)
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

PLAINTIFF’S 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 Cases 35

FORM 5-A-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


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

PLAINTIFF’S 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 through (name of person who
received) , who introduced himself/herself as a (relationship of the person to
the defendant/s), a person of suitable age and discretion, residing therein,
who signed at the lower portion of the summons.
Substituted service was made after the undersigned exerted earnest
efforts to serve the Summons, together with the Statement of Claim, Annexes
thereto and the Notice of Hearing personally upon the defendant, which
proved futile.
WHEREFORE, the original copy of the Summons is respectfully
returned to the Honorable Court, DULY SERVED.

_________________, Philippines, (date).

_____________________
PLAINTIFF
36 A.M. No. 08-8-7-SC

FORM 6-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


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

MOTION TO PLEAD AS INDIGENT

_____________________, unto this Honorable Court, respectfully


alleges that:

1. I am a resident of ___________________;

2. My gross income and that of my immediate family does not exceed


__________________;

3. I do not own real property with an assessed value of more than


(amount as provided in the Revised Rules of Court, as amended) as shown by
the attached Certification issued by the Office of the City/Municipal Assessor
and the City/Municipal Treasurer’s Office;

4. Due to financial constraint, I cannot afford to pay for the expenses


of a court litigation as I do not have enough funds for food, shelter and other
basic necessities;

5. Should the 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, unless the court orders otherwise.
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 Cases 39

FORM 8-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
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 plaintiff’s statement of claim and defendant’s
counterclaim incorporated in his response be dismissed.

Other reliefs just and equitable under the premises are likewise prayed
for.
(place) , (date) .

_____________________ _____________________
Plaintiff Defendant
40 A.M. No. 08-8-7-SC

To the Branch Clerk of Court:


Please submit the foregoing motion for the consideration of the Court
without hearing and further argument from the parties.

_____________________ _____________________
Plaintiff Defendant
2016 Revised Rules of Procedure for Small Claims Cases 41

FORM 9-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


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

MOTION FOR APPROVAL OF COMPROMISE AGREEMENT

The parties respectfully allege that:

1. Plaintiff filed this claim against defendant for:

_____________ collection of sum of money


_____________ liquidated damages
_____________ enforcement of barangay agreement

2. The parties have come to an amicable settlement and have executed


a compromise agreement with the following terms and conditions.

(copy terms and condition here)

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.

WHEREFORE, premises considered, the parties respectfully pray that


the court approve this agreement and render judgment on the basis thereof.

(place) , (date) .

___________________ ______________________
Plaintiff Defendant
42 A.M. No. 08-8-7-SC

FORM 10-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


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

DECISION
(BASED ON COMPROMISE AGREEMENT)

Plaintiff filed this case against defendant for _____________________


in the amount of ________________________.

Defendant denied plaintiff’s claim on the ground of _________________


and set up a counterclaim for _______________________.

The parties, however, reached an amicable settlement and submitted to


the court a compromise agreement, the terms and conditions of which are as
follows:

(terms and condition here)

It appearing that the agreement is not contrary to law, morals, good


customs, public moral and public policy, and pursuant to Articles 2028 and
2037 of the Civil Code of the Philippines, the same is hereby APPROVED
and ADOPTED as the Decision of this court.

The parties are hereby ordered to faithfully comply with the terms and
conditions of the agreement.
2016 Revised Rules of Procedure for Small Claims Cases 43

WHEREFORE, judgment is hereby rendered approving the


Compromise Agreement and the parties are ordered to comply with the terms
and conditions, 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.)

SO ORDERED.

(place) , (date) .

________________________
Presiding Judge
44 A.M. No. 08-8-7-SC

FORM 11–SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

(Title) (Case Number)

DECISION

This is a small claims action for (state which of the claims or demands
below is the subject of the action filed):
[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 Cases 45

The issue to be resolved by this court is whether__________________.


Plaintiff’s evidence consists of: (state documents of plaintiff, affidavits
submitted if any and statements made by plaintiff and witnesses under oath
during the hearing.)
Defendant’s evidence consists of: (state documents of defendant,
affidavits submitted if any and statements made by defendant and witnesses
under oath during the hearing.)
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 provisions of law) or pursuant to established jurisprudence (cite
applicable jurisprudence). In this case, this court found that (state first the factual
findings established by the evidence and then the legal conclusions).
Wherefore, the (claim/counterclaim) 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.
SO ORDERED.

(place) , (date) .

____________________
Presiding Judge
Copy furnished:
All parties
Office of the Clerk of Court of ____________
46 A.M. No. 08-8-7-SC

FORM 12-SCC

REPUBLIC OF THE PHILIPPINES


_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No. ______


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

MOTION FOR EXECUTION


Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
1. On _______________, a judgment was rendered by the Court, the
dispositive portion of which reads:
2. The judgment is final, executory and unappealable.
3. The defendant has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a
writ of execution be issued to implement the judgment of the Court dated
__________________.
______________________, __________________.

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

COMPARATIVE STUDY BETWEEN THE 2008 RULES AND


THE 2016 REVISED RULES OF PROCEDURE FOR SMALL
CLAIMS CASES

(Amendments in bold letters)

THE RULE OF THE REVISED RULES OF


PROCEDURE FOR SMALL PROCEDURE FOR SMALL
CLAIMS CASES CLAIMS CASES
SECTION 1. Title.– This Rule SECTION 1. Title.– These Rules
shall be known as “The Rule of shall be known as “The Revised
Procedure for Small Claims Rules of Procedure for Small
Cases.” Claims Cases.”
SEC. 2. Scope.– This Rule shall SEC. 2. Scope.– These Rules shall
govern the procedure in actions govern the procedure in actions
before the Metropolitan Trial before the Metropolitan Trial
Courts, Municipal Trial Courts in Courts (MeTCs), Municipal Trial
Cities, Municipal Trial Courts Courts in Cities (MTCCs),
and Municipal Circuit Trial Municipal Trial Courts (MTCs)
Courts for payment of money and Municipal Circuit Trial Courts
where the value of the claim does (MCTCs) for payment of money
not exceed One Hundred where the value of the claim does
Thousand Pesos (P100,000.00) not exceed Two Hundred
exclusive of interest and costs. Thousand Pesos (P200,000.00)
exclusive of interest and costs.
SEC. 3. Objectives
(a) To protect and advance
the constitutional right of
persons to a speedy disposition
of their cases;
(b) To provide a simplified
and inexpensive procedure for
the disposition of small claims
cases; and,
2016 Revised Rules of Procedure for Small Claims Cases 49

SEC. 3. Definition of Terms.– For (c) To introduce innovations


purposes of this Rule: and best practices for the benefit
(a) Plaintiff refers to the party of the underprivileged.
who initiated a small claims SEC. 4. Definition of Terms.– For
action. The term includes a purposes of this Rule:
defendant who has filed a (a) Plaintiff refers to the party
counterclaim against plaintiff; who initiated a small claims
(b) Defendant is the party action. The term includes a
against whom the plaintiff has filed defendant who has filed a
a small claims action. The term counterclaim against plaintiff;
includes a plaintiff against whom a (b) Defendant is the party
defendant has filed a claim, or a against whom the plaintiff has filed
person who replies to the claim; a small claims action. The term
(c) Person is an individual, includes a plaintiff against whom a
corporation, partnership, limited defendant has filed a claim, or a
liability partnership, association, person who replies to the claim;
or other juridical entity endowed (c) Person is an individual,
with personality by law; corporation, partnership, limited
(d) Individual is a natural liability partnership, association,
person; or other juridical entity endowed
(e) Motion means a party’s with personality by law;
request, written or oral, to the court (d) Individual is a natural
for an order or other action. It shall person;
include an informal written request (e) Motion means a party’s
to the court, such as a letter; request, written or oral, to the court
(f) Good cause means for an order or other action. It shall
circumstances sufficient to justify include an informal written request
the requested order or other action, to the court, such as a letter;
as determined by the judge; and (f) Good cause means
(g) Affidavit means a written circumstances sufficient to justify
statement or declaration of facts the requested order or other action,
that are sworn or affirmed to be as determined by the judge; and,
true. (g) Affidavit means a written
statement or declaration of facts
that are sworn to or affirmed to
be true.
50 A.M. No. 08-8-7-SC

SEC. 4. Applicability.– The SEC. 5. Applicability.– The


Metropolitan Trial Courts, Municipal Metropolitan Trial Courts, Municipal
Trial Courts in Cities, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts, and Municipal Circuit
Trial Courts shall apply this Rule in Trial Courts shall apply this Rule in
all actions which are: (a) purely civil all actions that are purely civil in
in nature where the claim or relief nature where the claim or relief
prayed for by the plaintiff is solely prayed for by the plaintiff is solely
for payment or reimbursement of for payment or reimbursement of
sum of money, and (b) the civil sum of money.
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 or barangay amicable settlement or
an arbitration award involving a an arbitration award involving a
money claim covered by this Rule money claim covered by this Rule
pursuant to Sec. 417 of Republic pursuant to Sec. 417 of Republic
Act 7160, otherwise known as the Act 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.


SEC. 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- 1-SCC) in duplicate, accompanied
SCC) in duplicate, accompanied by a Certification Against Forum
by a Certification of Non-Forum Shopping, Splitting a Single
Shopping (Form 1-A, SCC), and Cause of Action, and
two (2) duly certified photocopies Multiplicity of Suits (Form 1-A-
of the actionable document/s SCC), and two (2) duly certified
subject of the claim, as well as photocopies of the actionable
the affidavits of witnesses and document/s subject of the claim,
other evidence to support the as well as the affidavits of
claim. No evidence shall be witnesses and other evidence to
allowed during the hearing which support the claim. No evidence
was not attached to or submitted shall be allowed during the
together with the Claim, unless hearing which was not attached to
good cause is shown for the or submitted together with the
admission of additional 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 described the Statement of Claim/s described
in this Rule, is necessary to in this Rule, is necessary to initiate
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.
SEC. 6. Joinder of Claims.– SEC. 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 total defendant provided that the total
amount claimed, exclusive of amount claimed, exclusive of
interest and costs, does not interest and costs, does not exceed
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 submitted under this Rule shall
state only facts of direct personal state only facts of direct personal
knowledge of the affiants which knowledge of the affiants or
are admissible in evidence. based 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 in counsel who assisted the party in
the preparation of the affidavits, if the preparation of the affidavits, if
any, to appropriate disciplinary any, to appropriate disciplinary
action. The inadmissible action. The inadmissible
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.– SEC. 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 (15th) 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 sue A claim filed with a motion to
as indigent (Form 6-SCC) shall be sue as indigent (Form 6-SCC)
referred to the Executive Judge for shall be referred to the Executive
immediate action in case of multi- Judge for immediate action in case
sala courts, or to the Presiding Judge of multi-sala courts. If the motion
of the court hearing the small claims is granted by the Executive Judge,
case. If the motion is the case shall be raffled off or
54 A.M. No. 08-8-7-SC

granted by the Executive Judge, the assigned to the court designated to


case shall be raffled off or assigned hear small claims cases. If the
to the court designated to hear motion is denied, the plaintiff shall
small claims cases. If the motion is be given five (5) days within which
denied, the plaintiff shall be given to pay the docket fees, otherwise,
five (5) days within which to pay the case shall be dismissed without
the docket fees, otherwise, the case prejudice. In no case shall a party,
shall be dismissed without even if declared an indigent, be
prejudice. In no case shall a party, exempt from the payment of the
even if declared an indigent, be P1,000.00 fee for service of
exempt from the payment of the summons and processes.
P1,000.00 fee for service of
summons and processes in civil
cases.
SEC. 9. Dismissal of the Claim.– SEC. 11. Dismissal of the Claim.–
After the court determines that After the court determines that
the case falls under this Rule, it the case falls under this Rule, it
may, from an examination of the may, from an examination of the
allegations of the Statement of allegations of the Statement of
Claim and such evidence attached Claim/s and such evidence
thereto, by itself, dismiss the case attached thereto, by itself, dismiss
outright on any of the grounds the case outright on any of the
apparent from the Claim for the grounds for the dismissal of the
dismissal of a civil action. case. The order of dismissal
shall state if it is with or
without prejudice.
If, during the hearing, the
court is able to determine that
there exists a ground for
dismissal of the Statement of
Claim/s, the court may, by
itself, dismiss the case even if
such ground is not pleaded in
the defendant’s Response.
If plaintiff misrepresents that
he/she/ it is not engaged in the
business of banking, lending or
2016 Revised Rules of Procedure for Small Claims Cases 55

similar activities when in fact


he/she/it is so engaged, the
Statement of Claim/s shall be
dismissed with prejudice and
plaintiff shall be meted the
appropriate sanctions, such as
direct contempt.
However, if the case does not
fall under this Rule, but falls
under summary or regular
procedure, the case shall not be
dismissed. Instead, the case shall
be re-docketed under the
appropriate procedure, and
returned to the court where it
was assigned, subject to payment
of any deficiency in the
applicable regular rate of filing
fees. If a case is filed under the
regular or summary procedure,
but actually falls under this Rule,
the case shall be referred to the
Executive Judge for appropriate
assignment.
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 shall dismissal is found, the court shall
forthwith issue Summons (Form forthwith issue Summons (Form
2-SCC) on the day of receipt of 2-SCC) on the day of receipt of
the Statement of Claim, directing the Statement of Claim/s,
the defendant to submit a verified directing the defendant to submit
Response. a verified Response.
The court shall also issue a The court shall also issue a
Notice (Form 4-SCC) to both Notice of Hearing (Form 4-SCC)
parties, directing them to appear to both parties, directing them to
before it on a specific date and appear before it on a specific date
time for hearing, with a warning and time for hearing, with a
56 A.M. No. 08-8-7-SC

that no unjustified postponement warning 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
The Summons to be served
on the defendant shall be
on the defendant shall be
accompanied by a copy of the
accompanied by a copy of the
Statement of Claim and documents
Statement of Claim/s and
submitted by plaintiff, and a copy
documents submitted by
of the Response (Form 3-SCC) to
plaintiff, and a blank Response
be accomplished by the defendant.
Form (Form 3-SCC) to be
The Notice shall contain an express
accomplished by the
prohibition against the filing of a
defendant.A Notice of Hearing
motion to dismiss or any other
shall accompany the Summons
motion under Section 14 of this
and shall contain: (a) the date
Rule.
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.
SEC. 11. Response.– The SEC. 13. Response.– The
defendant shall file with the court defendant 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-extendible Response 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 attached the hearing which was not attached
to or submitted together with the to 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 defendant Response.– Should the defendant
fail to file his Response within fail to file his/her/its Response
the required period, and likewise within the required period, and
fail 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 render judgment on the same day,
may 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
his Response within the required file his/her/its Response within
period but appears at the date set the required period but appears
for hearing, the court shall on the date set for hearing, the
ascertain what defense he has to court shall ascertain what defense
offer and proceed to hear, mediate he/she/it has to offer which shall
or adjudicate the case on the same constitute his/her/its Response,
day as if a Response has been filed. and proceed to hear 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 the 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 against defendant possesses a claim against
the plaintiff that (a) is within the the plaintiff that (a) is within the
coverage of this Rule, exclusive of coverage of this Rule, exclusive of
interest and costs; (b) arises out of interest and costs; (b) arises out of
the same transaction or event that the same transaction or event that
is the subject matter of the is the subject matter of the
plaintiff’s claim; (c) does not plaintiff’s claim; (c) does not
require for its adjudication the require for its adjudication the
joinder of third parties; and (d) is joinder 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 a action, the claim shall be filed as a
counterclaim in the Response; counterclaim in the Response;
otherwise, the defendant shall be otherwise, 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 of the plaintiff that does not arise out of the
same transaction or occurrence, 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.
SEC. 14. Prohibited Pleadings SEC. 16. Prohibited Pleadings
and Motions.– The following and Motions.– The following
pleadings, motions, or petitions pleadings, motions, or petitions
shall not be allowed in the cases shall not be allowed in the cases
covered by this Rule: covered 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, or reconsideration 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 (e) Motion for extension of
time to file pleadings, affidavits, time to file pleadings, affidavits,
or any other paper; or any other paper;
(f) Memoranda; (f) Memoranda;
(g) Petition for certiorari, (g) Petition for certiorari,
mandamus, or prohibition against mandamus, or prohibition against
any interlocutory order issued by any 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 a assistance as may be requested by a
plaintiff or a defendant regarding plaintiff or a defendant regarding
the availability of forms and other the 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 parties SEC. 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 valid representative 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 or lawyer, and must be related to or
next-of-kin of the individual- next-of-kin of the individual-
party. Juridical entities shall not party. Juridical entities shall not
be represented by a lawyer in any be represented by a lawyer in any
capacity. capacity.
The representative must be The representative must be
authorized under a Special Power authorized under a Special Power
of Attorney (Form 5-SCC) to of Attorney (Form 7-SCC) to
enter into an amicable settlement enter into an amicable settlement
of the dispute and to enter into of the dispute and to enter into
stipulations or admissions of facts stipulations or admissions of facts
and of documentary exhibits. and of documentary exhibits.
SEC. 17. Appearance of SEC. 19. Appearance of
Attorneys Not Allowed.– No Attorneys Not Allowed.– No
attorney shall appear in behalf of attorney shall appear in behalf of
or represent a party at the or represent a party at the
hearing, unless the attorney is the hearing, unless the attorney is the
plaintiff or defendant. plaintiff 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 that who is not an attorney to assist that
party upon the latter’s consent. party upon the latter’s consent.
SEC. 18. Non-appearance of SEC. 20. Non-appearance of
Parties.– Failure of the plaintiff Parties.– Failure of the plaintiff
to appear shall be cause for the to 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 under as failure to file a Response under
Section 12 of this Rule. This shall Section 14 of this Rule. This
not apply where one of two or shall not apply where one of two
more defendants who are sued or more defendants who are sued
under a common cause of action under a common cause of action
and have pleaded a common and have pleaded a common
defense appears at the hearing. defense appears at the hearing.
Failure of both parties to Failure of both parties to appear
appear shall cause the dismissal shall cause the dismissal with
with prejudice of both the claim prejudice of both the Statement of
and counterclaim. Claim/s and counterclaim.
SEC. 19. Postponement When SEC. 21. Postponement When
Allowed.– A request for Allowed.– A request for
postponement of a hearing may postponement of a hearing may
be granted only upon proof of the be 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 party scheduled 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 the 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 short 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.
SEC. 21. Hearing.– At the hearing, SEC. 23. Hearing.– At the
the judge shall exert efforts to hearing, the judge shall first exert
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 and informal and expeditious
62 A.M. No. 08-8-7-SC

submitted to the court for manner and be terminated


approval (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
reference to any settlement made be reduced into writing, signed
in the course of such discussions by the parties and submitted to
shall be punishable by contempt. the court for approval (Form 9-
SEC. 22. Failure of Settlement.– SCC and Form 10-SCC).
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.
SEC. 23. Decision.– After the SEC. 24. Decision.– After the
hearing, the court shall render its hearing, the court shall render its
decision on the same day, based on decision 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) hours from
entered by the Clerk of Court in the termination of the hearing. The
court docket for civil cases and decision shall immediately be
2016 Revised Rules of Procedure for Small Claims Cases 63

a copy thereof forthwith served entered by the Clerk of Court in


on 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.
SEC. 24. Execution.– If the SEC. 25. Execution.– When the
decision is rendered in favor of decision is rendered, execution
the plaintiff, execution shall issue shall issue upon motion (Form
upon motion (Form 9-SCC). 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. 25. Applicability of the Rules SEC. 27. Applicability of the Rules
of Civil Procedure.– The Rules of of Civil Procedure.– The Rules of
Civil Procedure shall apply 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 SEC. 29. Effectivity.– These
shall take effect on October 01, Revised Rules shall take effect on
2008 for the pilot courts designated February 1, 2016 following their
to apply the procedure for small publication in two newspapers of
claims cases following its general circulation. They shall
publication in two newspapers of govern all cases filed after their
64 A.M. No. 08-8-7-SC

general circulation. The effectivity, and also all pending


amendments to this Rule shall proceedings, except to the
take effect ninety (90) days from extent that in the opinion of the
publication in two (2) newspapers court, 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)

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