 The Revised Rules of Procedure for Small Claims Cases (AM No.

08-8-7-SC)
o Shall govern the procedure in actions at the MTC for payment of money where the
claim does not exceed 200K EXCLUSIVE of interest and costs (MTC, MeTC, MTCC, MCTC)
o For speedy and inexpensive disposition
o Applicability
 Money owed from lease, loan, services, sale, mortgage
 Liquidated damages from contracts
 Enforcement of a barangay amicable settlement involving money claims
o Commencement
 No formal pleading necessary
 Filing a verified and accomplished statement of claim
 Must state if plaintiff is in the business of lending and banking activities and
the number of small claims cases filed within the calendar year
 Accompanied with a certification against forum shopping, multiplicity of suits and
splitting of a cause of Action
 2 certified photocopies of the actionable document
 No evidence not attached will be allowed in hearing unless good cause is
shown
o Regular rules on venue apply
 If banking or lending activity and has branch where the defendant resides then
SHALL be filed where the branch is
o Can join one or small claims against SAME defendant provided it does not exceed 200K
o Pay the legal fees as prescribed in rule 141, unless allowed as indigent
 If more than 5 filed by one party in same calendar year add 500 , more than 10
then add total 600
o Can dismiss outright but must state if with or without prejudice
 Misrepresentation in the fact of being in banking and lending business is grounds
to dismiss with prejudice
 If it falls under regular procedure, don’t dismiss but re-docket under proper
procedure
o If no summons yet then summon defendant on day of receipt statement of claims to
submit verified response AND a notice of hearing which shall not be more than 30 days
from when statement of claim is received and informing them that no MTD or motions
under rule 16 is allowed
 If summons are returned without being served court will order plaintiff to do it
within 30 days from notice otherwise dismissed without prejudice
o Defendant must file response within a non-extendible 10 days from summons with
photocopies of documents and affidavits
 No evidenced not attached will be allowed in trial unless good cause is shown
o Failure to respond or failure to attend hearing will result in the court to judge on said
day based on the facts alleged on the statement of claims
 If filed response then did not attend hearing court will ascertain his defense
based on response
o Defendant barred from suing counter claim unless (all must be present)
 Within coverage of this rule
 From same transaction or subject matter
 Does not require joinder of 3rd parties
 Not the subject of another pending action
o Can file a counterclaim not from the same transaction provided that the amount is
within the coverage and legal fees are paid
o Following motions SHALL not be allowed
 MTD the statement of claims
 Motion for bill of particulars
 Motion for new trial, Motion for Reconsideration, motion for re-opening of trial
 Petition for relief from judgment
 Motion for extension to file pleadings, affidavits, or any other paper
 Memoranda
 Petition for certiorari, mandamus, or prohibition against any interlocutory order
 Motion to declare defendant in default
 Dilatory motions for postponement
 Reply and rejoinder
 Third party complaints
 Interventions
o COC shall assist as requested in providing forms and information on the coverage of
mall claims cases
o Parties shall personally appear in the hearing date (personal party can be a lawyer)
 Representative allowed for a valid cause PROVIDED he is not a lawyer, is related
to the individual, and given a special power of attorney into amicable settlements
o If court deems he cannot properly defend himself it will appoint another individual who
is not a lawyer
o Failure of PLAINTIFF to appear is grounds for dismissal of the statement of claims
WITHOUT prejudice
 Defendant will be entitled to judgment on the permissive counterclaim
 Failure of defendant to appear has the same effect of failure of no response
(except if more than 1 defendant and for the same cause of action)
 Failure of both parties to appear result in dismissal with prejudice
o 1 postponement allowed for each party upon proof of the physical inability to attend
o At the hearing judge must first exert efforts towards an amicable settlement
 Settlement must be in writing, signed by parties, and submitted to court for
approval
 Failure of settlement means an in formal and expeditious hearing
o Court must render decision within 24 hours from hearing termination
 It is final, executory, and unappealable
o Civil procedure shall apply suppletorily
o Rules on mediation and judicial dispute resolution DON’T apply is as much as the
parties may enter into a compromise agreement at any stage of the proceeding
o Takes effect on February 1, 2016 following publication of 2 newspapers
 Applies to all cases after effectivity EXCEPT where in the opinion of the court
application would not be feasible or would result in injustice
 In which case the procedure under which the cases were filed shall govern
o Differences with the 2008 rules
 Provided objectives
 Included additional requirement against splitting of action and multiplicity of
suits
 Statement of whether in the business of lending and banking activities
 Rule on venue if in said business
  Filing fees for when the claims exceed 5
 Moto proprio dismissal, especially for misrepresentation on said business AND re
docketing if it doesn't fall in summary
 Summons requiring a statement of claims and a notice of hearing within 30
informing no MTD also
 Summons requirement for plaintiff to deliver in case court cant
 That hearing be informal, expeditious, and terminate on same day
 Effectivity except if application injustice or unfeasible then procedure under
which case was filed shall govern
 Substantial compliance with the forms required

 Revised Rules on Summary Procedure

o Is pursuant to the judiciary reorganization act (BP 129)
o Governs summary procedures in MTC, MTCC, MeTC, MCTC
o Civil Cases governed
 Forcible entry and unlawful detainer regardless of amount of damages, or unpaid
rentals sought, where attorney's fees are awarded but shall not exceed 20K
 All other civil cases except probate proceedings where total claim does not
exceed 10K EXCLUSIVE of interest and cost
o Criminal cases governed
 Traffic rule violations
 Violation of rental law
 Violation of municipal or city ordinances
 Penalty prescribed does not exceed 6 months or 1K irrespective of the civil
liability arising therefrom
 Damage to property through criminal negligence must not exceed 10K
o Upon filing the court shall issue and order declaring whether a case falls under these
rules
 A patently erroneous determination to avoid the rules on summary procedure is
a ground for disciplinary action
o Civil cases
 The only pleadings allowed are complaints, compulsory counter claims, and cross
claims pleaded and the answers thereto
 After determining that it fall under summary procedure it might dismiss outright
for any of the grounds to dismiss a civil action, if no ground to dismiss court will
issue summons while informing that the summary procedure applies
 Within 10 days from summons defendant shall file his answer and give a copy to
plaintiff
 Affirmative and negative defenses not pleaded are waived
 Cross and compulsory counters not asserted in the answer are barred
(plaintiff has 10 days to answer)
 If defendant fails to answer court will render judgment as warranted by the facts
 Can reduce damages for being excessive
 A preliminary conference will be held within 30 days from the last answer filed
where the rules on pre trials apply
 Failure of plaintiff to appear result in dismissal and defendant entitled to
judgment on counterclaims while cross claims dismissed
  Sole defendant fails to appear results in judgment, won't apply if more than
one defendant and same cause of action with same defense
 Within 5 days of the termination of the conference court will issue an order
stating the matters taken up therein
(a) Whether the parties have arrived at an amicable settlement, and if so,
the terms thereof;

(b) The stipulations or admissions entered into by the parties;.

(c) Whether, on the basis of the pleadings and the stipulations and
admissions made by the parties, judgment may be rendered without the
need of further proceedings, in which event the judgment shall be
rendered within thirty (30) days from issuance of the order;

(d) A clear specification of material facts which remain controverted; and

(e) Such other matters intended to expedite the disposition of the case

Within 10 days from receipt of above order parties shall submit affidavits of their
witnesses and other evidence of the factual issues together with their position
papers
 Rendition of judgment within 30 days after receipt of last affidavit and position
papers OR the expiration of the period for filing the same
 If court finds it necessary to clarify certain facts it may issue order
specifying the matter to be clarified and require parties to submit evidence
on that matter
 Court will decide 15 day after last clarificatory affidavit
 Should not be used to extend judgment time
o Common Provisions to crim and civil cases
 Referral to lupon required, otherwise case shall be dismissed without prejudice
 Except for those arrested warrantlessly
 Prohibited pleadings

(a) Motion to dismiss the complaint or to quash the complaint or

information except on the ground of lack of jurisdiction over the subject
matter, or failure to comply with the preceding section;

(b) Motion for a bill of particulars;

(c) Motion for new trial, or for reconsideration of a judgment, or for

opening of trial;

(d) Petition for relief from judgment;

(e) Motion for extension of time to file pleadings, affidavits or any other
paper;

(f) Memoranda;
 (g) Petition for certiorari, mandamus, or prohibition against any
interlocutory order issued by the court;

(h) Motion to declare the defendant in default;

(i) Dilatory motions for postponement;

(j) Reply;

(k) Third party complaints;

(l) Interventions

 Affidavits shall contain only direct personal knowledge otherwise inadmissible

plus disciplinary action
 Judgment appealable to RTC and the decision of the RTC shall be immediately
executory without prejudice to further appeal
 Effective on November 15, 1991