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Republic of the Philippines

8th Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
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PHIL. POSTAL SAVINGS BANK, INC.
TACLOBAN BRANCH
MIRANDA G. VARON, VP-VISAYAS,
Plaintiff;
Civil Case No. 2016-09-SC-04
For:
-versusCollection of Sum of Money
LUISITO T. REDONA,
Defendant.
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JUDGMENT
This is a Judgment based on the Statement of Claim for
failure of the defendant to file answer and to appear on the
scheduled hearing of this case despite notice. This is a small
claims action for money owed under a Contract of Loan.
Plaintiff in its Statement of Claim, claims that
owes it money in the amount of P74,657.26.

defendant

Attached with the Statement of Claim are Formal Demand


Letter, Joint Affidavit, Management Committee Resolution,
Memorandum for the MANCOM, Memorandum, SEC Registration,
and Special Power of Attorney.
Ruling
Under the 2016 Revised Rules of Procedure for Small

Claims Cases, to wit:

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.
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. (emphases added)

Based on the afore-quoted provision, it is imperative that


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plaintiff shall file an accomplished and verified Statement of


Claim, accompanied by, among others, two 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. The Rules impose a sanction for failure to do so, by not
allowing any evidence during the hearing which was not attached
to or submitted together with the Statement of Claim. Moreover,
under Section 9 of the aforesaid Rules, the non-submission of the
required affidavits will cause the immediate dismissal of the
claim. It states as follows:
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. (emphasis
added)

In this case, while the attached Joint Affidavit dated 14 March


2016 states that the Promissory Note of the salary loan borrowers
were all destroyed and lost by flood waters and strong winds at
the onslaught of super typhoon Yolanda on November 8, 2013, it
likewise mentions a document tagged as Annex A which is
supposedly forming part of the Joint Affidavit. The Court assumes
that this is the borrower loan ledger kept by the bank, as
mentioned in the Statement of Claim under the Question No. 4:
What is your proof that defendant owes you money? However,
the Court tried in vain to locate the same in the records, because
it was not attached in plaintiffs Statement of Claim.
Moreover, under the second paragraph of Section 6
aforementioned, the plaintiff, if it is engaged in banking, must
state the number of small claims cases filed within the calendar
year. However, in plaintiffs Statement of Claim in the case at
hand, Question 6-A contains no answer, which likewise violates
the aforestated Rule.
Finding no sufficient evidence to support the claim of the
plaintiff, this Court shall have no other recourse than to dismiss
this case for lack of merit.
WHEREFORE, plaintiffs Statement of Claim is DISMISSED.
SO ORDERED.
IN CHAMBERS, Tacloban City, October 26, 2016.

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Presiding Judge

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