RULE OF PROCEDURE FOR SMALL CLAIMS CASES

Question 1

What is covered in the rules of procedure for small claims?

Answer 1

Payments of sum of money where the value of the claim does not exceed 1M pesos

Question 2

How is a small claims action instituted?(commenced)

Answer 2

By filing with the court an accomplished Statement of Claim/s with verification and certification against Forum Shopping, Splitting of a single Cause of Action and Multiplicity of Suits and duly certified photocopies of the actionable document/s subject of the claim, affidavits of witnesses, and other evidence to support the claim.

Question 3

Difference between statement of claims and a complaint?

Answer 3

A complaint must be prepared by a part with the help of the lawyer while statement of claims is a ready-made document that has to be filled-up, a copy of which is available in the MTC.

Question 4

What are the grounds for dismissal of a small claim?

Answer 4

1. The Court has no jurisdiction over the subject matter
2. There is another action pending between the same parties for the same cause
3. The action is barred by prior judgment
4. the clam is barred by the statute of limitations
5. the court has no jurisdiction over the person of the defendant
6. venue is improperly laid
7. plaintiff has no legal capacity to sue
8. the Statement of Claims states no cause of action
9. the condition precedent for filing the claim has not been complied with; and
10. plaintiff failed to submit the required affidavit

Question 5

What is the effect if the case was filed but does not fall under the rules on small claims?

Answer 5

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, subject to payment of any deficiency in the applicable regular rate of filing fees.

Question 6

What is the difference between redocketing and dismissal?

Answer 6

In a dismissal, you have to file the case again and pay the filing fees.

Question 7

When will the Court issue summons?

Answer 7

If no ground for dismissal is found, the court shall issue summons within twenty-four (24) hours from receipt of the SOC, directing the defendant to submit a verified response.

Question 8

How may Issuances and Notices be served?

Answer 8

The service of court issuances and filings by the
parties may be made through email, facsimile, and other electronic means. Notices may also be served through mobile phone calls, SMS, or instant messaging software applications. The consent to, and chosen mode of, electronic service and notice shall be indicated in the SOC or Response, as the case may be.

Question 9

Summary procedure vs. Small claims

Answer 9

Summary procedure:
Commenced by complaint
Appealable to RTC
Responded by an answer
party can be represented by a lawyer

Small claims:
Commenced by SOC
One judgment is final,executory and unappealable
Responded by a verified response
Representation by a lawyer is prohibited

Question 10

Effect of failure to file a response:

Answer 10

Should the defendant fail to file Response within the required period, and likewise fail to appear on the date set for hearing, the court shall render judgment within twenty-four (24) hours from the termination of the hearing, as may be warranted by the facts alleged in the SOC and its attachments.

Question 11

Filing of a counterclaim is allowed in small claims provided:

Answer 11

A. It is within the coverage of the Rule, exclusive of interests 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 joiner l of third parties;and
D. Isnotthesubjectofanotherpendingaction.

Question 12

Cases falling under summary rules:

Answer 12

Civil cases:

Forcible entry and unlawful detainer
2. All civil actions, except probate proceedings, admiralty and maritime actions, and
small claims falling under Rule IV, where the total amount of the plaintiff’s claim does not exceedP 2,000,000.00, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs.

3. Complaints for damages where the claim does not exceed P 2,000,000.00 exclusive of interest and costs.
4. Cases for enforcement of barangay amicable settlement agreements and arbitration awards where the money claim exceeds P 1,000,000.00, provided that no execution has been enforced by the barangay within six (6) months from the date of settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VIl of R.A. 7160.
5. Cases solely for the revival of judgment of any MTC, pursuant to Rule 39, Section 6 of the Rules of Court.
6. The civil aspect of a violation of B.P. Blg. 22, if no criminal action has been instituted therefor. Should a criminal action be later instituted for the same violation, the civil aspect shall be consolidated with the criminal action and shall be tried and decided jointly under the Rule on Summary Procedure.

Question 13

Prohibited pleadings and motions

Answer 13

1. Motions to dismiss or quash except on the ground of lack of jurisdiction over the subject matter or failure to comply with the requirement of barangay conciliation.
2. Motion to hear and/or resolve affirmative defenses.
   3.Motion for a bill of particulars.
   4.Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening of proceedings.
3. Petition for relief from judgment
4. Motion for extension of time to file pleadings, affidavits or any other paper;
5. Memoranda;
6. Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court 9. Dilatory motions for postponement (Note: Any motion for postponement shall be presumed dilatory);
7. Rejoinder;
8. Third-party complaints;
9. Motion for and Complaint in intervention.
10. Motion to admit late judicial affidavit/s, position papers, or other evidence, except on the ground of force majeure or acts of God.
    14.Motion for judicial determination of probable cause in criminal cases.

Question 14

F: Defendants filed their Answer to the complaint of the plaintiffs. Thereafter, the defendants filed a motion to dismiss and this was assailed by the plaintiffs on the ground
that the filing of a motion to dismiss is prohibited under the Summary Rules.

Answer 14

The motion to dismiss can be entertained by the court. The motion to dismiss that is prohibited is one which is filed in lieu of an Answer.