RULES ON SUMMARY PROCEDURE: the defendant and may be re-filed only after the

requirement has been complied with.

(1) Summary Procedure Cases, as follows:
Sec. 3. Complaint. – The complaint shall state the
following:
a) Forcible entry and unlawful detainer cases,
regardless of the amount of damages or unpaid (a) The names of the affiants whose judicial affidavits will
rentals sought to be recovered. Where attorney’s be presented to prove the plaintiff ’s claim. The judicial
fees are awarded, the same shall not exceed One affidavits shall be attached to the complaint and form an
Hundred Thousand Pesos (₱100,000.00). integral part thereof. Judicial affidavits not attached to the
b) All civil actions, except probate proceedings, complaint shall not be considered;
admiralty and maritime actions, and small claims (b) The summary of the statements in the judicial
cases falling under Rule IV hereof, where the affidavits;
total amount of the plaintiff ’s claim does not
exceed Two Million Pesos (₱2,000,000.00), (c) The documentary and other object evidence in support
exclusive of interest, damages of whatever kind, of the allegations in the complaint; and
attorney’s fees, litigation expenses and costs.
(d) Whether the plaintiff consents to service by electronic
c) Complaints for damages where the claim does not
means or facsimile and, if so, the plaintiff ’s e-mail
exceed Two Million Pesos (₱2,000,000.00),
addresses or facsimile numbers for such purpose.
exclusive of interest and costs.
d) Cases for enforcement of barangay amicable Sec. 4. Summons. – Within five (5) calendar days from
settlement agreements and arbitration awards receipt of a new civil case, if the court determines that the
where the money claim exceeds One Million case falls under this Rule, the court shall direct the Branch
Pesos (₱1,000,000.00), provided that no Clerk to issue summons to the defendant, stating clearly
execution has been enforced by the barangay that the case shall be governed by the Rule on Summary
within six (6) months from the date of the Procedure. However, if from an examination of the
settlement or date of receipt of the award or from allegations in the initiatory pleading and such evidence as
the date the obligation stipulated or adjudged in may be attached thereto, a ground for the outright
the arbitration award becomes due and dismissal of the case is apparent, the court may dismiss
demandable, pursuant to Section 417, Chapter the case on its own initiative.
VII of Republic Act No. 7160, otherwise known
as The Local Government Code of 1991. These grounds include lack of subject matter jurisdiction,
e) Cases solely for the revival of judgment of any improper venue, lack of legal capacity to sue, litis
Metropolitan Trial Court, Municipal Trial Court pendentia, res judicata, prescription, failure to state a
in Cities, Municipal Trial Court, and Municipal cause of action, non-submission of a certification against
Circuit Trial Court, pursuant to Rule 39, Section forum shopping, and lack of compliance. with a condition
6 of the Rules of Court. precedent such as absence of barangay conciliation,
f) The civil aspect of a violation of Batas Pambansa among others.
Blg. 22 (the Bouncing Checks Law), if no A patently erroneous determination to avoid the
criminal action has been instituted therefore.
application of the Rule on Summary Procedure is a
Should a criminal action be later instituted for the
same violation, the civil aspect shall be ground for disciplinary action.
consolidated with the criminal action and shall be Sec. 5. Filing and service. – The rules on fi ling and
tried and decided jointly under the Rule on service of pleadings under Rule 13 and service of
Summary Procedure.
summons under Rule 14 of the 2019 Amendments to the
1997 Rules of Civil Procedure shall be applicable to cases
All other cases not included herein shall be governed by
under this Rule, unless inconsistent.
the regular rules of procedure.
Sec. 6. Answer. – Within thirty (30) calendar days from
Section 1. Pleadings and verification.– The only
service of summons, the defendant shall file an answer to
pleadings allowed to be fi led are the complaint,
the complaint and serve a copy thereof on the plaintiff.
compulsory counterclaim, cross-claim pleaded in the
answer, and reply, as provided in Section 8 of this Rule. The answer shall state the following:
All pleadings shall be verified. (a) The names of the affiants whose judicial
affidavits will be presented to prove the
Sec. 2. Form and contents of pleadings. – All pleadings
defendant’s allegations. The judicial affidavits
submitted under this Rule shall comply with Rule 7 of the
shall be attached to the answer and form an
2019 Amendments to the 1997 Rules of Civil Procedure.
integral part thereof. Judicial affidavits not
All cases requiring prior referral to barangay conciliation
attached to the answer shall not be considered;
must contain a statement of compliance, pursuant to
(b) The summary of the statements in the judicial
Chapter VII, Title I, Book III of Republic Act No. 7160.
affidavits;
Where there is no showing of compliance with such a
(c) The documentary and other object evidence in
requirement, the complaint shall be dismissed without
support of the allegations in the answer; and
prejudice, on the court’s own initiative or upon motion by
 (d) Whether the defendant consents to service by be applicable to the Preliminary Conference, unless
electronic means or facsimile and, if so, the inconsistent.
defendant’s e-mail addresses or facsimile
The Notice of Preliminary Conference shall include the
numbers for such purpose.
dates respectively set for:
Affirmative defenses not pleaded in the answer shall be
(a) Preliminary Conference (within thirty [30]
deemed waived, except for lack of jurisdiction over the
calendar days from the fi ling of the last
subject matter, litis pendentia, res judicata, and
responsive pleading);
prescription.
(b) Court-Annexed Mediation (within an
Crossclaims and compulsory counterclaims not asserted inextendible period of thirty [30] calendar days
in the answer shall be considered barred. from date of referral for mediation); and
(c) Judicial Dispute Resolution, in the court’s
Sec. 7. Counterclaims within the coverage of this Rule.
discretion (within an inextendible period of fi
– If at the time the action is commenced, the defendant
fteen [15] calendar days from notice of failure of
possesses a claim against the plaintiff tha:
the Court-Annexed Mediation).
(a) is within the coverage of this Rule, exclusive of
Non-appearance at any of the foregoing settings shall be
interest and costs;
deemed as non-appearance at the Preliminary Conference
(b) arises out of the same transaction or event that is the
and shall merit the same sanctions under Section 12 of this
subject matter of the plaintiff ’s claim;
Rule.
(c) does not require for its adjudication the joinder of
third parties; and Sec. 11. Preliminary Conference Brief. – The parties
(d) is not the subject of another pending action, the shall fi le with the court and serve on the adverse party in
claim shall be filed as a counterclaim in the answer; such a way as to ensure receipt, at least three (3) calendar
otherwise, the defendant shall be barred from suing days before the scheduled Preliminary Conference, their
on such counterclaim. respective Preliminary Conference Briefs, which shall
contain, among others:
The defendant may also elect to fi le a counterclaim
against the plaintiff that does not arise out of the same (a) A summary of admitted facts;
transaction or occurrence, provided that the amount and (b) A summary of disputed facts and proposals for
nature thereof are within the coverage of this Rule and the stipulations on the same;
prescribed docket and other legal fees are paid. (c) (A statement of factual and legal issues; and
(d) A list of testimonial, object, and other
Any amount pleaded in a counterclaim in excess of Two
documentary evidence offered in support of the
Million Pesos (₱2,000,000.00), excluding interests and
party’s claims or defenses, and their markings, if
costs, shall be deemed waived.
any.
Sec. 8. Reply. – All new matters alleged in the answer
Failure to submit a Preliminary Conference Brief within
shall be deemed controverted. The plaintiff may file a
the period given shall merit the same sanction as non-
reply to a counterclaim only when an actionable
appearance at the Preliminary Conference.
document is attached to the answer. The reply shall be fi
led within ten (10) calendar days from receipt of the Sec. 12. Appearance at Preliminary Conference. – It
answer. shall be the duty of the parties and their counsel to appear
at the Preliminary Conference, Court-Annexed
Sec. 9. Effect of failure to answer. – Should the
Mediation, and Judicial Dispute Resolution, if the latter is
defendant fail to answer the complaint within the period
ordered by the court. The non-appearance of a party
provided, the court, on its own initiative, or upon
and/or counsel may be excused only for acts of God, force
manifestation by the plaintiff that the period for fi ling an
majeure, or duly substantiated physical inability.
answer has already lapsed, shall render judgment as may
be warranted by the facts alleged in the complaint and its A representative may appear on behalf of a party, but must
attachments, limited to what is prayed for therein. be fully authorized through a Special Power of Attorney
or a board resolution, as the case may be, to:
The court may reduce the amount of damages and
attorney’s fees claimed for being excessive or otherwise (1) enter into an amicable settlement,
unconscionable. (2) to submit to alternative modes of dispute
resolution, and
Sec. 10. Preliminary Conference; notice. – Within five
(3) to enter into stipulations or admissions of facts
(5) calendar days after the last responsive pleading is fi
and documents. An authority which fails to
led, the Branch Clerk of Court shall issue a Notice of
include all these acts shall be ineffective and the
Preliminary Conference, which shall be held within thirty
party represented shall be deemed absent.
(30) calendar days from the date of fi ling of such last
responsive pleading. The failure despite notice of the plaintiff and/or his or her
counsel to appear at the Preliminary Conference shall be
The rules on pre-trial under Rule 18 of the 2019
a cause for the dismissal of the complaint. The defendant
Amendments to the 1997 Rules of Civil Procedure shall
who appears in the absence of the plaintiff shall be entitled
to judgment on the counterclaim, in accordance with appeal, together with proof of payment of the appeal fees,
Section 9 of this Rule. All crossclaims shall be dismissed. with the court that rendered the judgment, order or
resolution appealed from, within fifteen (15) calendar
If a sole defendant and/or his or her counsel fail to appear
days from receipt of the same.
at the Preliminary Conference, the plaintiff shall be
entitled to judgment in accordance with Section 9 of this Sec. 2. Remedy from judgment on appeal. – The
Rule. This Rule shall not apply, however, where one of judgment of the Regional Trial Court on the appeal shall
two or more defendants sued under a common cause of be final, executory, and unappealable
action and who had pleaded a common defense, shall
appear at the Preliminary Conference. RULES ON SMALL CLAIMS
Sec. 13. Preliminary Conference Order. – Immediately Section 1. Scope. – This Rule shall govern the procedure
after the preliminary conference and the issues having in actions before the Metropolitan Trial Courts (MeTCs),
been joined, the court shall issue a Preliminary Municipal Trial Courts in Cities (MTCCs), Municipal
Conference Order referring the parties to the mandatory Trial Courts (MTCs) and Municipal Circuit Trial Courts
Court-Annexed Mediation, and Judicial Dispute (MCTCs) for payment or reimbursement of a sum of
Resolution, which shall be conducted in accordance with money where the value of the claim does not exceed One
the provisions of A.M. No. 19-10-20-SC or the 2020 Million Pesos (P1,000,000.00).
Guidelines for the Conduct of the Court-Annexed
Mediation (CAM) and Judicial Dispute Resolution (JDR) (xxx)
in Civil Cases. Sec. 4. Commencement of small claims action. – A
The court may, in the same Preliminary Conference small claims action is commenced by fi ling with the court
Order, declare the case submitted for judgment if, on the an accomplished Statement of Claim/s with Verification
basis of the pleadings and their attachments, as well as the and Certification Against Forum Shopping, Splitting a
stipulations and admissions made by the parties, judgment Single Cause of Action, and Multiplicity of Suits (Form
may be rendered without the need of submission of 1-SCC) and duly certified photocopies of the actionable
position papers. In this event, the court shall render However, if more than fi ve (5) small claims are fi led by
judgment within thirty (30) calendar days from issuance one party within the calendar year,
of the order. The court’s order shall not be the subject of regardless of the judicial station, an additional fi ling fee
a motion for reconsideration or a petition for certiorari, of Five Hundred Pesos (P500.00) shall be paid for every
prohibition, or mandamus, but may be among the matters claim fi led after the fi fth (5th) claim, and an additional
raised on appeal after a judgment on the merits. One Hundred Pesos (P100.00) or a total of Six Hundred
If the court, however, deems the submission of position Pesos (P600.00) for every claim fi led after the tenth
papers still necessary, it shall require the parties, in the (10th) claim, and another One Hundred Pesos (P100.00)
Preliminary Conference Order, to submit their respective or a total of Seven Hundred Pesos (P700.00) for every
position papers within ten (10) calendar days from receipt claim fi led after the fifteenth (15th) claim, progressively
of such order. No other judicial affidavits or evidence will and cumulatively.
be admitted even if filed with the position papers. If a case is dismissed without prejudice under Section
Sec. 14. Rendition of judgment. – Within thirty (30) 12(f), and is re-fi led within one (1) year from notice of
calendar days from receipt by the court of the Mediator’s dismissal, the plaintiff shall pay a fi xed amount of Two
Report or the JDR Report on the parties’ failure to reach Thousand Pesos (P2,000.00) as filing fee, inclusive of the
an amicable settlement, the court shall render judgment. One Thousand Pesos (P1,000.00) fee for service of
summons and processes.
However, should the court find it necessary to clarify
certain material facts, it may, during the said period, issue If the plaintiff is engaged in the business of lending,
an order specifying the matters to be clarified, and require banking, and similar activities, the amount of fi ling and
the parties to submit additional judicial affidavits or other other legal fees shall be the same as those applicable to
evidence on the said matters, within ten (10) calendar cases filed under the regular rules of procedure.
days from receipt of said order. Judgment shall be A claim filed with a motion to sue as indigent (Form 6-
rendered within fifteen (15) calendar days after the receipt SCC) shall be referred to the Executive Judge for
of the last clarificatory judicial affidavits, or the immediate action in case of multi-sala courts. If the
expiration of the period for fi ling the same. motion is granted by the Executive Judge, the case shall
The court shall not resort to the clarificatory procedure to be raffled off or assigned to the court designated to hear
gain time for the rendition of the judgment. small claims cases. If the motion is denied, the plaintiff
shall be given five (5) calendar days within which to pay
APPEALS IN SUMMARY PROCEDURE the docketfees, otherwise, the case shall be dismissed
Section 1. Ordinary appeal. – Any judgment, fi nal without prejudice. In no case shall a party, even if
order, or fi nal resolution in a Summary Procedure case declared an indigent, be exempt from the payment of the
may be appealed to the appropriate Regional Trial Court One Thousand Pesos (P1,000.00) fee for service of
exercising jurisdiction over the territory under Rule 40 for summons and processes.
civil cases and Rule 122 for criminal cases, of the Rules
of Court. The appeal shall be taken by fi ling a notice of
Sec. 9. Dismissal of the claim. – After the court claimed, exclusive of interest and costs, does not exceed
determines that the case falls under this Rule, it may, One Million Pesos (P1,000,000.00).
from an examination of the allegations of the Statement Sec. 7. Affidavits. – The affidavits submitted under this
of Claim/s and such evidence attached thereto, Rule shall state only facts of direct personal knowledge of
the affiants or based on authentic records, which are
on its own initiative, dismiss the case outright on any of
admissible in evidence.
the following grounds:
A violation of this requirement shall subject the party, and
(a) The court has no jurisdiction over the subject matter;
the counsel who assisted the party in the preparation of
(b) There is another action pending between the same the affidavits, if any, to appropriate disciplinary action.
parties for the same cause; The inadmissible affidavit(s) or portion(s) thereof shall be
expunged from the record.
(c) The action is barred by prior judgment;
The non-submission of the required affi davits will cause
(d) The claim is barred by the statute of limitations; the immediate dismissal of the claim or counterclaim.
(e) The court has no jurisdiction over the person of the Sec. 8. Payment of filing fees. – The plaintiff shall pay
defendant; the docket and other legal fees prescribed under Rule 141
(f) Venue is improperly laid; of the Revised Rules of Court, unless allowed to litigate
as indigent. Exemption from the payment of fi ling fees
(g) Plaintiff has no legal capacity to sue; shall be granted only by the Supreme Court.
(h) The Statement of Claim/s states no cause of action; However, if more than five (5) small claims are fi led by
one party within the calendar year, regardless of the
(i) That a condition precedent for fi ling the claim has not
judicial station, an additional fi ling fee of Five Hundred
been complied with; and
Pesos (P500.00) shall be paid for every claim filed after
(j) Plaintiff failed to submit the required affidavits, as the fifth (5th) claim, and an additional One Hundred Pesos
provided in Section 7 of this Rule document/s subject of (P100.00) or a total of Six Hundred Pesos (P600.00) for
the claim, affidavits of witnesses, and other evidence to every claim filed after the tenth (10th) claim, and another
support the claim, with as many copies thereof as there One Hundred Pesos (P100.00) or a total of Seven
are defendants. No evidence shall be allowed during the Hundred Pesos (P700.00) for every claim fi led after the
hearing which was not attached to or submitted together fi fteenth (15th) claim, progressively and cumulatively.
with the Statement of Claim/s, unless good cause is shown
If a case is dismissed without prejudice under Section
for the admission of additional evidence.
12(f) and is re-fi led within one (1) year from notice of
The plaintiff must state in the Statement of Claim/s if dismissal, the plaintiff shall pay a fi xed amount of Two
he/she/it is engaged in the business of lending, banking Thousand Pesos (P2,000.00) as fi ling fee, inclusive of the
and similar activities, and the number of small claims One Thousand Pesos (P1,000.00) fee for service of
cases filed within the calendar year regardless of judicial summons and processes. If the plaintiff is engaged in the
station. business of lending, banking, and similar activities, the
amount of filing and other legal fees shall be the same as
For juridical entities, a board resolution or secretary’s those applicable to cases filed under the regular rules of
certificate authorizing the person to file the claim must be procedure.
attached to the Statement of Claim/s.
A claim filed with a motion to sue as indigent (Form 6-
No formal pleading, other than the Statement of Claim/s SCC) shall be referred to the Executive Judge for
described in this Rule, is necessary to initiate a small immediate action in case of multi-sala courts. If the
claims action. motion is granted by the Executive Judge, the case shall
Sec. 5. Venue for small claims cases. – The regular rules be raffled off or assigned to the court designated to hear
on venue shall apply. small claims cases. If the motion is denied, the plaintiff
shall be given five (5) calendar days within which to pay
However, if the plaintiff is engaged in the business of the docket fees, otherwise, the case shall be dismissed
lending, banking and similar activities, and has a branch without prejudice.
within the municipality or city where the defendant
resides or is holding business, the Statement of Claim/s In no case shall a party, even if declared an indigent, be
shall be fi led in the court of the city or municipality where exempt from the payment of the One Thousand Pesos
the defendant resides or is holding business. If there are (P1,000.00) fee for service of summons and processes.
two (2) or more defendants, it shall be filed in the court of Sec. 9. Dismissal of the claim. – After the court
the city or municipality where any of them resides or is determines that the case falls under this Rule, it may, from
holding business, at the option of the plaintiff. an examination of the allegations of the Statement of
Sec. 6. Joinder of claims. – Plaintiff may join in a single Claim/s and such evidence attached thereto, on its own
statement of claim one or more separate small claims initiative, dismiss the case outright on any of the
against a defendant provided that the total amount following grounds:
(a) The court has no jurisdiction over the subject (a) the date of the hearing, which shall not be more
matter; than thirty (30) calendar days from the fi ling of the
(b) There is another action pending between the same Statement of Claim/s, or not more than sixty (60)
parties for the same cause; calendar days if one of the defendants resides or holds
(c) The action is barred by prior judgment; business outside the judicial region; and (b) the
(d) The claim is barred by the statute of limitations; express prohibition against the fi ling of a motion to
(e) The court has no jurisdiction over the person of dismiss or other prohibited motions under Section 2,
the defendant; Rule II.
(f) Venue is improperly laid;
Sec. 11. Electronic filing and service. – The service
(g) Plaintiff has no legal capacity to sue;
of court issuances and fi lings by the plaintiff /s and
(h) The Statement of Claim/s states no cause of
defendant/s may be made through e-mail, facsimile,
action;
and other electronic means. Notices may also be
(i) That a condition precedent for fi ling the claim
served through mobile phone calls, short messaging
has not been complied with; and
service (SMS), or instant messaging (IM) software
(j) Plaintiff failed to submit the required affi davits,
applications. The consent to, and chosen mode of,
as provided in Section 7 of this Rule.
electronic service and notice shall be indicated in the
The order of dismissal shall state if it is with or Statement of Claim/s or Response, as the case may
without prejudice. be.
If, during the hearing, the court is able to determine Sec. 12. Service of Summons. –
that there exists a ground for dismissal of the
(a) The Summons and Notice of Hearing must be
Statement of Claim/s, the court may, on its own
issued within twenty-four (24) hours from receipt of
initiative, dismiss the case even if such ground is not
the Statement of Claim/s.
pleaded in the defendant’s Response (Form 3-SCC).
The Summons, together with the Notice of Hearing,
If plaintiff misrepresents that he/she/it is not engaged
shall be served by the sheriff , his or her deputy, or
in the business of lending, banking, or similar
other proper court officer within ten (10) calendar
activities when in fact he/she/it is so engaged, the
days from issuance. Within five (5) calendar days
Statement of Claim/s shall be dismissed with
from such service, the Officer’s Return shall be filed
prejudice and plaintiff shall be meted the appropriate
with the court with a copy furnished to the plaintiff at
sanctions, including citation for direct contempt.
the given address/es of record.
However, if the case does not fall under this Rule, but
(b) If Summons is returned without being served on
falls under summary or regular procedure, or if the
any or all of the defendants, the court shall order the
case is fi led under summary or regular procedure but
plaintiff or his or her representative to serve or cause
falls under this Rule, the case shall not be dismissed.
the service of Summons.
Instead, the case shall be re-docketed under the
appropriate procedure, and returned to the court (c) In cases where Summons is to be served outside
where it was assigned, subject to payment of any the judicial region of the court where the case is
deficiency in the applicable regular rate of filing fees. pending, the court may order the plaintiff or his or her
representative to serve or cause the service of
Sec. 10. Summons and Notice of Hearing. – If no
Summons.
ground for dismissal is found, the court shall
forthwith issue Summons (Form 2-SCC) within (d) If the plaintiff is a juridical entity, it shall notify
twenty-four (24) hours from receipt of the Statement the court, in writing, and name its authorized
of Claim/s, directing the defendant to submit a verifi representative therein, attaching a board resolution or
ed Response. secretary’s certificate thereto, as the case may be,
stating that such representative is duly authorized to
The Summons to be served on the defendant shall be
serve the Summons on behalf of the plaintiff.
accompanied by a copy of the Statement of Claim/s
and documents submitted by plaintiff, and a blank (e) If the plaintiff misrepresents that the defendant
Response Form (Form 3-SCC) to be accomplished by was served with Summons, and it is later proved that
the defendant. no Summons was served, the case shall be dismissed
with prejudice, the proceedings shall be nullified, and
The court shall also issue a Notice of Hearing (Form
the plaintiff shall be declared in indirect contempt
4-SCC) to both parties, directing them to appear
under Rule 71 of the Rules of Court, and/or be meted
before it on a specific date and time for hearing, with
a fi ne in the amount of Five Thousand Pesos
a warning that no unjustified postponement shall be
(₱5,000.00).
allowed, as provided in Section 20 of this Rule. A
blank Special Power of Attorney (Form 7-SCC) shall (f) In both instances under paragraphs (b) and (c), the
be attached to the Notice of Hearing. plaintiff shall inform the court within thirty (30)
calendar days from notice if said Summons was
The Notice of Hearing shall accompany the Summons
served; otherwise, the Statement of Claim/s shall be
and shall contain:
dismissed without prejudice as to those who were not
served with Summons. This is not a ground to archive
the case. The case, however, may be re-filed within Any amount pleaded in a counterclaim in excess of
one (1) year from notice of dismissal, subject to One Million Pesos (P1,000,000.00), excluding
payment of reduced fi ling fees under Section 8 interests and costs, shall be deemed waived.
hereof.
Sec. 16. Availability of forms; assistance by court
Sec. 13. Response. – The defendant shall fi le with personnel. – The Clerk of Court or other court
the court and serve on the plaintiff a duly personnel shall provide such assistance as may be
accomplished and verified Response (Form 3-SCC) requested by a plaintiff or a defendant regarding the
within a non-extendible period of ten (10) calendar availability of forms and other information about the
days from receipt of Summons. The Response shall coverage, requirements, as well as procedure, for
be accompanied by certified photocopies of small claims cases.
documents, as well as affidavits of witnesses and
Plaintiff shall be given copies of Forms 1-SCC
other evidence in support thereof. No evidence shall
(Statement of Claim/s), 1-A-SCC (Other Plaintiff s or
be allowed during the hearing which was not attached
Defendants) for additional plaintiff s or defendants, if
to or submitted together with the Response, unless
any, and 1-B-SCC (Plaintiff ’s Information Sheet).
good cause is shown for the admission of additional
evidence. The Branch Clerk of Court must ensure that there
should be, at least, one (1) hearing day every week
Sec. 14. Effect of failure to fi le response. – Should
devoted to Small Claims, with a minimum of five (5)
the defendant fail to fi le his/her/its Response within
cases scheduled per hearing day. Cases with the same
the required period, and likewise fail to appear on the
party-plaintiff may all be set on the same date for
date set for hearing, the court shall render judgment
facility in the preparation of notices and judgments.
within twenty-four (24) hours from the termination of
The court should post a notice of its Small Claims
the hearing, as may be warranted by the facts alleged
hearing day conspicuously at the Branch and at the
in the Statement of Claim/s and its attachments.
Office of the Clerk of Court.
Should the defendant fail to file his/her/its Response
Sec. 17. Appearance. – The parties shall personally
within the required period but appear on the date set
appear on the designated date of hearing.
for hearing, the court shall ascertain what defense
he/she/its has to off er, which shall constitute Appearance through a representative must be for a
his/her/its Response, proceed to hear the case on the valid cause. The representative of an individual-party
same day as if a Response has been filed and, must not be a lawyer. Juridical entities shall not be
thereafter, render judgment within twenty-four (24) represented by a lawyer in any capacity.
hours from the termination of the hearing.
The representative must be authorized under a Special
If the defendant relies on documentary evidence to Power of Attorney (Form 7-SCC), board resolution or
support his/her/its defense, the court shall order secretary’s certificate, as the case may be, to enter into
him/her/it to submit original copies of such an amicable settlement of the dispute and to enter into
documents within three (3) calendar days from the stipulations or admissions of facts and of
termination of the hearing and, upon receipt thereof documentary exhibits.
or expiration of the period to fi le, the court shall
render judgment within twenty-four (24) hours. Sec. 18. Appearance of attorneys not allowed. – No
attorney shall appear in behalf of or represent a party
Sec. 15. Counterclaims within the coverage of this at the hearing, unless the attorney is the plaintiff or
Rule. – If at the time the action is commenced, the defendant.
defendant possesses a claim against the plaintiff that
If the court determines that a party cannot properly
(a) is within the coverage of this Rule, exclusive of present his/her/its claim or defense and needs
interest and costs; assistance, the court may, in its discretion, allow
(b) arises out of the same transaction or event that is another individual who is not an attorney to assist that
the subject matter of the plaintiff ’s claim; party upon the latter’s consent.
(c) does not require for its adjudication the joinder of
third parties; and Sec. 19. Non-appearance of parties. – Failure of the
(d) is not the subject of another pending action, the plaintiff to appear shall be cause for the dismissal of
claim shall be fi led as a counterclaim in the the Statement of Claim/s without prejudice. The
Response; otherwise, the defendant shall be defendant who appears in the absence of the plaintiff
barred from suing on such counterclaim. shall be entitled to judgment on the counterclaim.

The defendant may also elect to file a counterclaim Failure of the defendant to appear shall have the same
against the plaintiff that does not arise out of the same effect as failure to fi le a Response under
transaction or occurrence, provided that the amount Section 14 of this Rule. This shall not apply where
and nature thereof are within the coverage of this Rule one of two or more defendants who are sued under a
and the prescribed docket and other legal fees are common cause of action and have pleaded a common
paid. defense appears at the hearing.
 Failure of both parties to appear shall cause the Sec. 24. Decision. – After the hearing, the court shall
dismissal with prejudice of both the Statement of render its decision based on the facts established by the
Claim/s and the counterclaim. evidence, within twenty-four (24) hours from termination
of the hearing (Form 11-SCC). The refund of the
Sec. 20. Postponement when allowed. – A request
remaining balance from the Sheriff ’s Trust Fund (STF),
for postponement of a hearing may be granted only
subject to accounting and auditing procedures, shall be
upon proof of the physical inability of the party to
included in the decision.
appear before the court on the scheduled date and
time. A party may avail of only one (1) postponement. The decision shall immediately be entered by the Clerk of
Court in the court docket for civil cases and a copy thereof
Sec. 21. Duty of the court. – At the beginning of the
forthwith served on the parties.
court session, the judge shall read aloud a short
statement explaining the nature, purpose and the rule The decision shall be final, executory and unappealable.
of procedure of small claims cases.
Sec. 25. Execution. – When the decision is rendered and
Sec. 22. Hearing. – At the hearing, the judge shall proof of receipt thereof is on record, execution shall issue
first exert efforts to bring the parties to an amicable (Forms 13-SCC, 13-A-SCC, or 13-B-SCC) upon ex parte
settlement of their dispute. Settlement discussions motion of the winning party (Form 12-SCC). However, a
must be conducted in strict confidentiality. decision based on compromise shall not be covered by the
requirement of proof of receipt.
Any settlement or resolution of the dispute shall be
reduced into writing, signed by the parties, and Sec. 26. Certification of documents. – All documents
immediately submitted to the court for approval at the attached to the Statement of Claim/s or Response that are
hearing (Form 9-SCC). The court shall render judgment required to be certified, except public or official
based on the compromise agreement within twenty-four documents, shall be certified by the signature of the
(24) hours, and furnish copies thereof to the parties (Form plaintiff or defendant concerned Sec. 27. Non-
10-SCC). applicability. – The rules on mediation and judicial
dispute resolution shall not apply, as the parties may enter
If at any time before or at the hearing, a compromise
into compromise at any stage of the proceedings.
agreement is submitted, signed by both parties, but only
one (1) or neither party appears to confirm it, the court Sec. 27. Non-applicability. – The rules on mediation and
shall issue an order directing the non-appearing party/ies judicial dispute resolution shall not apply, as the parties
to confirm the compromise agreement within three (3) may enter into compromise at any stage of the
calendar days from notice thereof; otherwise, it shall be proceedings.
deemed confirmed.
If efforts at settlement fail, the court shall immediately
proceed to hear the case in an informal and expeditious
manner and, thereafter, render judgment within twenty-
four (24) hours from termination of the hearing.
Sec. 23. Resort to alternative videoconferencing
platform. – Should the hearing be done through
videoconferencing, the court shall require the parties to
participate through the use of the Courtprescribed
videoconferencing platform. However, if any of the
participants communicates his or her difficulty in
accessing or using the said videoconferencing platform,
the court may allow the use of alternative
videoconferencing platforms or instant messaging (IM)
applications with video call features, provided that the
following conditions are met:
(a) The court shall use either its offi cial e-mail address or
cell phone number to access the alternative
videoconferencing platform or instant messaging (IM)
application;
(b) The parties shall use the e-mail address or cell phone
number they indicated in their Statement of Claim/s or
Response, as the case may be, to access the alternative
videoconferencing platform or instant messaging (IM)
application; and
(c) The court shall maintain a record and transcription of
the proceedings.