RULES ON CIVIL PROCEDURE BY RIANO CHESTER BRYAN P.

PELAEZ, CPA

SMALL CLAIMS CASES

Legal Basis

A.M. No. 08-8-7-SC, The Rules of Procedures for Small Claims Cases, as amended.

Purpose

To provide an inexpensive and expeditious means to settle disputes over small amounts.

Process

Designed to function quickly and informally.

Basic Facts

1. No attorneys allowed unless he is the plaintiff or defendant. If the court determines that a party
needs assistance, the court may allow another individual who is not an attorney to assist such
party with the latter’s consent. (Sec. 19)
2. No formal pleadings filed (Explanatory note to A.M. No. 08-8-7-SC citing Pace v. Hillcrest
Motor Co.)
3. Strict legal rules on evidence does not apply (Explanatory note to A.M. No. 08-8-7-SC citing
Pace v. Hillcrest Motor Co.)
4. Cognizable by the MeTC and MTC (Sec. 2)
5. Value of the claim must not exceed 200k exclusive of interests and costs (Sec. 2)
6. Claim must be purely civil in nature solely for the payment or reimbursement of sum of money
(Sec. 5)
7. A small claims case commenced by filling up and filing a Statement of Claim
8. Submitting every evidence together with the Statement of Claim is a mandatory requirement (Sec.
6)
9. Claim shall be filed in the place following the rules on venue in Rule 4, RoC (Sec. 7)
10. The decision of the court is final, executory and unappealable (Sec. 24)

Cases Covered

a. Contract of lease
b. Contract of loan
c. Contract of services
d. Contract of sale Sec. 417 of RA
e. Contract of mortgage 7160 (LGC)
f. Liquidated damages arising from contract
g. Claim for enforcement of a barangay amicable settlement
h. Proceeds of an insurance contract

Duties of the Plaintiff

1. Filling up and filing of Statement of Claim (SoC)

a. must be in duplicate
b. should be verified
c. accompanied by Statement Against Forum Shopping, Splitting a Single CoA, and
Multiplicity of Suits
d. required to attached witness affidavits (facts of direct personal knowledge of the affiant
or facts based on authentic records) and other evidences. If based on actionable
document, must attach two duly certified copies of such document.
 failure to attach will render the evidence inadmissible unless good cause is shown
for the submission of additional evidence

2. Payment of docket and other legal fees prescribed under Rule 141 of Rules of Court

3. Appear on the date set for hearing. Failure of such shall be a cause for the dismissal of the SoC
without prejudice.

Duties of the Defendant

1. Submit a Response upon receipt of summons within the required period which shall be
accompanied by:
a. certified photocopies of documents
b. witness affidavits and other evidences
 failure to attach will render the evidence inadmissible unless good cause is shown
for the admission of additional evidences
 RULES ON CIVIL PROCEDURE BY RIANO CHESTER BRYAN P. PELAEZ, CPA

c. may be accompanied by a counterclaim, compulsory or permissive, as long as such claim

is within the coverage of the Revised Rules on Small Claims Cases

Not filing of response within the required period + non-appearance during hearing: The court will
render a judgment on the day set for hearing.

Not filing of response within the required period + with appearance during hearing: The court
will ascertain his defenses and proceed to hear or adjudicate on the same day as if Response has
been filed.

2. Appear on the date set for hearing. Failure to appear shall have the same effect as the failure to
file a Response except when one of the two or more defendants sued under a common cause of
action and plead a common defense appears at the hearing.

Duties of the Court

1. Determine first if the claim falls under the rules of small claims cases.

If within the jurisdiction of the court + filed under summary or regular procedure but falls under
small claims cases: case shall NOT be dismissed but re-docketed under the appropriate procedure.

If within the jurisdiction of the court + filed under small claims cases but falls under summary or
regular procedure: case shall NOT be dismissed but referred to the Executive Judge for
appropriate assignment.

If beyond the jurisdiction of the court: case has to be dismissed motu proprio.

2. Examine the allegations from the Statement of Claims and the attached evidence.

Court finds a ground for dismissal: Case dismissed motu proprio (the court is required to state
whether dismissal is with or without prejudice).

3. Issue the summons on the day the SoC was received if there is no ground for dismissal.

 Defendant is prohibited to file a motion to dismiss

 Defendant is prohibited to file a motion for bill of particulars
 Plaintiff is prohibited to file a motion to declare a defendant in default for late filing of
Response

4. Conduct hearing

 Judge shall first exert efforts to bring parties to an amicable settlement. Any settlement
must be:
i. In writing
ii. Signed by the parties
iii. Submitted to the court for approval
 If efforts failed, hearing shall immediately proceed in an informal and expeditious
manner and be terminated within the same day.

5. Decide the case

 Within 24 hours from termination of the hearing

 Shall be final, executory and unappealable, hence, Clerk of Court immediately enters the
decision in the court docket
 Copy shall be served on the parties
 Execution shall be issued upon motion

Prohibited motions and pleadings (Sec. 16)

1. Motion to dismiss the Statement of Claim/s

2. Motion for a bill of particulars
3. Motion for new trial
4. Motion for reconsideration of a judgment
5. Motion for reopening of trial
6. Petition for relief from judgment
7. Motion for extension of time to file pleadings, affidavits or any other paper
8. Memoranda
9. Petition for certiorari, mandamus, prohibition against any interlocutory order issued by the court
10. Motion to declare defendant in default
 RULES ON CIVIL PROCEDURE BY RIANO CHESTER BRYAN P. PELAEZ, CPA

11. Dilatory motions for postponement

12. Reply and rejoinder
13. Third-party complaints
14. Interventions

REVISED RULES ON SUMMARY PROCEDURES

Scope (sec. 1)

MeTC, MTC in Cities, MTC and MCTC

Cases covered (Sec. 1A)

1. Forcible entry and unlawful detainer irrespective of amount of damages or unpaid rentals sought
to be covered
2. All other cases where total amount does not exceed 100k – outside Metro Manila and 200k –
within Metro Manila except probate proceedings regardless of the amount.

Pleadings allowed (Sec. 3)

1. Complaint
2. Compulsory counterclaim pleaded in the answer
3. Cross-claim pleaded in the answer
4. Answer to these pleadings

All pleadings covered by RRoSP shall be verified (Sec. 3B)

Prohibited motions and pleadings (Sec. 19)

1. Motion to dismiss except 1. failure to comply with barangay conciliation; and 2. lack of
jurisdiction over the subject matter
2. Motion for a bill of particulars
3. Motion for new trial
4. Motion for reconsideration of a judgment
5. Motion for reopening of trial
6. Petition for relief from judgment
7. Motion for extension of time to file pleadings, affidavits or any other paper
8. Memoranda
9. Petition for certiorari, mandamus, prohibition against any interlocutory order issued by the court
10. Motion to declare defendant in default
11. Dilatory motions for postponement
12. Reply
13. Third-party complaints
14. Interventions

Outright dismissal; summons

1. The court may dismiss the case outright on any of the grounds for dismissal of a civil action
apparent from the examination of the allegations in the pleadings and the evidence attached.
2. Court shall issue summons if there is no ground for dismissal and shall state that the summary
procedure applies to the case.

Answer

1. Defendant shall answer and serve a copy on the plaintiff within 10 days from the service of
summons
 Should contain affirmative and negative defenses applicable
 Defenses not pleaded shall be deemed waived except lack of jurisdiction over the subject
matter
2. Cross-claims and compulsory counterclaims not considered shall be considered barred
3. Answer to counterclaims and cross-claims shall be filed within 10 days from service of the
answer in which they are pleaded

Effects Plaintiff Defendant

on
 RULES ON CIVIL PROCEDURE BY RIANO CHESTER BRYAN P. PELAEZ, CPA

Failure to Court, motu proprio, or on plaintiff’s motion, shall

answer render judgment as may be warranted by the facts
alleged in the complaint which shall be limited to
what is prayed for the in the complaint. (Sec. 6)
Failure to Defendant shall be entitled to Court, motu proprio, or on plaintiff’s motion, shall
appear on judgment on his counterclaim render judgment as may be warranted by the facts
preliminary and any cross-claims shall be alleged in the complaint. (Sec. 7)
conference dismissed. (Sec. 7)
Except: where one of two or more defendants sued
under a common cause of action and plead a
common defense appears.

Subsequent Period Requirement/s

proceedings
Record of preliminary Within 5 days after termination of the Court shall issue an order stating
conference preliminary conference matters taken up not limited to
Sec. 8.
Submission of affidavits Within 10 days from the receipt of the Parties shall submit affidavits of
and position papers order mentioned above. witnesses and other evidence on
the factual issues and position
papers. (Sec. 9)

Rendition of judgment Within 30 days after receipt of the last
affidavits and position papers or
expiration of the period for filing the
same.
Nota bene:
Affidavits shall state only facts of
direct personal knowledge of
affiants which are admissible and
show their competence to testify.
Violation for such subject the party/
counsel to disciplinary action and
affidavit or portion thereof to be
expunged from the record. (Sec. 20)
Court shall render a judgment.

Appeal

RTC – judgment of the MTC

– decided based on the entire record of the proceedings and memoranda and/or briefs submitted
by the parties or required by the RTC
– decision shall be immediately executory without prejudice to further appeal

CA – judgment of the RTC appealable by petition for review on an error of fact or law.