Small Claims Court Procedure
Small Claims Court Procedure
Small Claims Court Procedure
Supreme Court
Manila
Sirs/Mesdames:
authority to appear at the hearing 11. You must be aware that upon the
and to enter into an amicable filing of this case, the judge may
settlement, to submit to dismiss your claim if she or he
alternative modes of dispute finds legal grounds for dismissal
resolution, and to enter into such as lack of jurisdiction over
stipulations or admissions of facts the subject matter, improper
and of documents. venue, etc. as enumerated in
(Kung iyong kinakatawan ay Section 1 of Rule 16 of the 1997
korporasyon, bakasan, Rules of Civil Procedure.
kooperatiba o asosasyon / (Binibigyan ka ng babala na sa
samahan, kinakailangang pagsampa ng kaso, maaaring
magdala ka ng orihinal na maipawalang-saysay ng hukuman
gawad-kapangyarihan na dumalo ang iyong kaso kung nakita niya na
sa pagdinig at para sa mayroong legal na batayan para
maipawalang-saysay ito, tulad ng
mapayapang pag-aayos,
kawalan ng kapangyarihan sa bagay
sumailalim sa alternatibong ng kaso, hindi wasto ang lugar na
paraan ng pag-aayos o gumawa pinagsampahan ng kaso, etc. na
ng pag-amin o makipagkayari sa isinasaad sa Section 1, Rule 16, 1997
mga pangyayari at dokumento.) Rules of Civil Procedure.)
11. Do I have options? • Agree with the plaintiff’s claim & pay
(Meron ba akong pagpipilian?) the money. Or, if you can’t pay the
money now, go to the hearing and say
Yes. If you are the defendant, you you want to make payments by
can do any of the following: installment.
(Sumang-ayon sa halagang sinisingil
(Oo. Kung ikaw ang Hinahabla, maaari
ng Naghahabla at bayaran ito. O,
mong gawin ang alinman sa mga
kung hindi mabayaran ang sinisingil
sumusunod.)
ngayon, dumalo ka sa pagdinig at
• Settle your case before the hearing. If sabihin sa korte na gusto mong
you and the plaintiff agree on how to magbayad ng hulugan.)
settle the case, both of you must notify
the court. Ask the OCC or Branch • Let the case proceed without you. If
Clerk of Court for help. you don’t settle & do not go to the
(Ayusin mo ang usapin bago pa hearing, the judge may give the
dumating ang pagdinig. Kung ikaw at plaintiff what he or she is asking for
ang Naghahabla ay nagkaayos kung plus court costs. If this happens, the
paano pagkasunduan ang kaso, court may order that your money or
pareho ninyong ipaalam sa hukuman. property be taken to pay the judgment.
Humingi ng tulong sa Office of the (Magpapatuloy ang kaso kahit
Clerk of Court (OCC) o sa Branch wala ka. Kung hindi ka nakipag-
Clerk of Court. ayos at hindi ka dumalo sa
pagdinig, maaaring ipagkaloob
• File the Response. Appear at the ng hukom ang anumang
hearing. Bring the affidavits of hinihingi ng Naghahabla, pati na
witnesses, receipts and any evidence ang gastos sa paghain ng
you need to prove your case. kasong ito. Kung ito ay
(Maghain ng Sagot. Dumalo sa mangyari, ang korte ay maaring
pagdinig. Dalhin ang mga sinumpaang mag-utos na ang iyong pera o
salaysay ng mga testigo, mga resibo at ari-arian ay kuhanin para
anumang katibayang iyong kailangan bayaran ang nakasaad sa
upang patunayan ang iyong usapin.) desisyon ng korte.)
1.1 It must involve a pure money claim the principal
amount of which does not exceed P100,000.00.
1.2. If the principal claim exceeds P100,000.00, there
must be a waiver of the excess embodied in the
Statement of Claim.
1.3. With regard to B.P. Blg. 22 cases, the court may
only entertain the civil aspect as a small claim if
no complaint for the offense has yet been filed
before the Office of the Prosecutor. This fact must
be stated under oath by the plaintiff in the
Statement of Claim, and there should be an
express waiver of such criminal action in the
Verification and Certification of Non‐Forum
Shopping.
1.4. If a case is determined by a judge to be not a
“small claim” within the meaning of the Rule, but
it still falls within the jurisdiction of the First
Level Courts, the case should not be dismissed,
and the judge should instead declare it governed
by the appropriate procedure (Regular Procedure
or Summary Procedure). The case should then be
re‐docketed but no re‐assignment (by raffle in a
multi‐sala court) is necessary. This will prevent
the forfeiture of the filing fees already paid by the
party, and the case can be immediately acted
upon by the same court.
2. Determine if there is a ground for outright dismissal.
The submission of a Certificate to File Action
from the barangay is a pre‐requisite in Small Claims
covered by the barangay justice system.
Under Rule 16 par. (j) of the 1997 Rules of Civil
Procedure, non‐compliance with a condition precedent
is a ground for dismissal of a complaint. Chapter VII
(Sections 399‐422) of R.A. No. 7160, the Local
Government Code, now embodies the rules for
mandatory conciliation proceedings before the
barangay in covered cases. Although the Rule on Small
Claims Cases does not expressly refer to such
requirement, it is still mandatory as it is required by
law. Non‐compliance, therefore, with the barangay
requirement is still a ground for dismissal pursuant to
Resolution 9 A.M. No. 08-8-7-SC
February 16, 2010
1
Attached as Annex “A”
Resolution 11 A.M. No. 08-8-7-SC
February 16, 2010
2. The Clerks of Court should not accept mere photocopies
of documentary annexes submitted by the parties but
should monitor strict compliance with Sections 5 and 11
of the Rule
3. The Clerks of Court should have a separate docket for
Small Claims Cases with independent numbering.
Should a case, originally docketed as a Small Claim, be
ordered re‐docketed, i.e., it is governed by the Rule on
Summary Procedure or regular procedure, this should
be recorded in the appropriate docket and a new
number given to the case. However, the case should
not be re‐raffled but should immediately be sent back to
the original court after re‐docketing.
4. The Clerks of Court should only ask for 2 copies of the
pleadings and all their annexes: 1 for the court and 1 for
the defendant. If there is more than 1 defendant, that is
the only time the COC may require additional copies, 1
for each additional defendant.
5. The Clerks of Court can only certify photocopies of
documents if the originals are presented to them by the
party who does not want to leave the same with the
court. In that instance, the COC can certify that the
document is a faithful reproduction of the original
exhibited by the party. No fee shall be charged for this
certification.
6. If, despite advice to the contrary, a litigant insists on the
filing of a case as a Small Claim, the COC should
reiterate the previous advice given in a respectful
manner and then docket the case.
7. Even despite insistence, COCs should not accept a
Statement of Claim signed by a lawyer unless the
lawyer himself is the plaintiff, not even if he signs it as
an attorney‐in‐fact of the named plaintiff.
8. Requests for advances for transportation expenses from
the Sheriffʹs Trust Fund should be acted upon within 24
hours from receipt of the approved Statement of
Estimated Expenses.
Resolution 13 A.M. No. 08-8-7-SC
February 16, 2010
9. The Clerks of Court should ensure that the full names
and addresses of the parties are indicated in the
Statement of Claim, as well as alternative contact
information (such as telephone numbers), when
possible.
10. The Monthly Docket Inventory Report should reflect
the date when a case is decided or disposed of vis‐a‐vis
the date of filing so that the timeliness of court action
may be assessed. The date when summons was issued
and the date of hearing should also be indicated.
Finally, the execution and satisfaction of judgments
rendered under the Rule should also be part of the
Monthly Report to determine the Ruleʹs efficacy.2
11. The rule on inhibition in regular cases shall apply to
Small Claims Courts.
12. An additional fee of P500.00 should be assessed any
litigant for the 10th small claim filed, and for every
5th additional case thereafter. The fee is justified by
the service availed of which requires extra time and
effort on the part of the courts. The volume of cases
filed evidences the capacity of the litigant to pay the
fees. (This was superseded by par. (a) of the Resolution
dated February 16, 2010 in A.M. No. 08‐8‐7‐SC, which
provides that aside from the prescribed fees under Rule 141,
additional filing fees shall be collected for frequent filers, i.e.,
if more that ten [10] small claims are filed by one party in the
court station within the calendar year, an additional filing fee
of P500.00 shall be paid for every claim filed after the tenth
[10th] claim, and an additional P100.00 or a total of P600.00
for every claim filed after the twentieth [20th] claim, and
another P100.00 or a total of P700.00 for every claim filed
after the thirtieth [30th] claim, and another P100.00 for every
tenth additional case thereafter, progressively and
cumulatively, but the total filing fees shall not exceed
P20,000.00. In no case shall a party pay filing fees of more
than P20,000.00 per claim in a calendar year.
Each party filing a claim shall declare in the Statement
of Claim the number of small claims cases that party filed in
the court station within the calendar year).
2
Monthly Docket Inventory Report of Small Claims Cases is attached as Annex “B”
Resolution 14 A.M. No. 08-8-7-SC
February 16, 2010
13. On the same day of filing/raffling of the Statement of
Claim, the Clerk of Court shall transmit the record of
the case to the branch assigned. The Branch Clerk of
Court (BCOC) shall forthwith inform the plaintiff of the
date of hearing of the case.
14. Upon receipt of a newly filed/raffled small claim, in
case the Presiding Judge is on leave, the BCOC shall
immediately refer the case to the Pairing Judge for
appropriate action in accordance with existing Rules.
15. Sheriffs and Process Servers shall serve the summons
and notice of hearing within 5 days from issuance,
unless the distance justifies a longer period, but in no
case shall service be effected beyond 30 days from date
of issuance. Within 5 days from such service, the
Officer’s Return shall be filed with the court with a copy
furnished to the plaintiff at the given address/es of
record.
and
(d) Nationwide implementation/roll‐out of the Rule
on Procedure for Small Claims Cases, as amended, to all first
level courts, except the Shari’a Circuit Court, effective thirty
(30) days from date hereof.
Let this resolution be published in a newspaper of general
circulation.” (adv102)
Very truly yours,