Professional Documents
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2016 Revised Rules of Procedure For Small Claims
2016 Revised Rules of Procedure For Small Claims
1. MeTC
2. MTCCs
Scope 3. MTCs
4. MCTCs
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By filling with the court
When small claims An accomplished and verified Statement of Claim
commenced? (Form 1-SCC) in duplicate.
The plaintiff must state 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
Certification Against Forum Shopping, Splitting a
Single Cause of Action, and Multiplicity of Suits (Form
1-A-SCC)
two duly certified photocopies of the actionable
document/s subject of the claim
affidavits of witness and other evidence to support the
claim
NOTE:
GR: No evidence shall be allowed during the hearing which
was not attached to or submitted together with the Statement
of Claim
EXP: Good cause is shown for the admission of additional
evidence
Is joinder of claims Yes. Provided that the total amount claimed, exclusive of
allowed? interest and costs, does not exceed P200,000
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The inadmissible affidavit(s) or portion(s) thereof shall
be expunged from the record.
Non-submission of the required affidavits will cause the
immediate dismissal.
GR: Plaintiff shall pay the docket and other legal fees.
EXP: Allowed to litigate as an indigent.
Note:
Exemption from the payment of filing fees shall be
Payment of filing fees granted only by the SC.
A claim filed with a motion to sue as indigent (Form 6-
SCC) shall be referred to Executive Judge
Granted: shall be raffled off or assigned to the
court designated to hear small claims cases
Denied: plaintiff shall be given 5 days to pay the
docket fees, otherwise, the case shall be
dismissed without prejudice.
If more than 5 small claims are filed by one party
within the calendar year, additional filing fee of P500
shall be filed after the 5th claim
additional 100 or total of 600 for every claim
after the 10th claim or
P700 for every claim filed after the 15th claim.
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4. 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
When may issue If no ground for dismissal is found, the court shall forthwith
summons and notice of
hearing? issue Summons (Form 2-SCC) on the day of receipt of
the Statement of Claim/s
directing the defendant to submit verified Response
issue a Notice of Hearing to both parties
directing them to appear before it on a specific
date and time for hearing
with a warning that no justified postponement
shall be allowed as provided in Section 21
1. summons/Form 2-SCC
2. copy of the Statement of Claim/s
3. documents submitted by the plaintiff
What are included in 4. a blank Response Form (Form 3-SCC) to be
service of summons? accomplished by the defendant
5. notice of hearing which shall contain:
the date of the hearing
the express prohibition against filing of a
motion to dismiss or any other prohibited
pleadings
What is the effect of The court shall order the plaintiff to cause the service of
return of Summons summons and to inform the court within 30 days from notice
without being served on if said summons was served or not.
any or all of the
defendants? Otherwise, the Statement of Claim/s shall be dismissed
without prejudice as to those who were not served with
summons.
The defendant shall file with the court and serve on the
plaintiff:
a duly accomplished and verified Response within
non-extendible period of ten (10) days from receipt of
summons
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The Response shall be accompanied by:
Response of the certified photocopies of documents;
defendant affidavits of witness; and
supporting evidence
NOTE:
GR: No evidence shall be allowed during the hearing which
was not attached to or submitted together with the Statement
of Claim
EXP: Good cause is shown for the admission of additional
evidence
Counterclaim in Requisites:
Response a. claim does not exceed P200,000 , 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
d. is not the subject of another pending action
What if a party cannot The court may in its discretion allow another individual who
properly present is not an attorney to assist that party upon the latter's
his/her/its case? consent.
Plaintiff:
dismissal of the claim without prejudice
Defendant:
the will render judgment based on the facts alleged on
Non-appearance of the the Statement of Claim/s
parties
Defendant appears in the absence of plaintiff
entitled to judgment on a permissive counterclaim
Both parties:
Dismissal with prejudice of both Statement of Claim/s
and counterclaim
Duty of the court The Clerk of Court or other court personnel shall provide
personnel assistance as may be requested by a plaintiff or a defendant
regarding the:
availability of forms
other information about the coverage, requirements
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and procedure for small claims cases
At the hearing, the judge shall first exert efforts to bring the
parties to an amicable settlement of their dispute.
What is the duty of the
judge at the hearing? Any settlement (Form 8-SCC) or resolution of the dispute
shall be:
reduced into writing
signed by the parties
submitted to the court for approval
Who may file The winning party upon filing of motion (Form 12-SCC)
execution?
Prohibited Pleadings
(a) MOTION TO DISMISS THE COMPLAINT;
(f) Memoranda;
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(i) Dilatory motions for postponement;
(j) Reply;
(l) Interventions.