Small Claims Courts in the Philippines

According to become able to former Court Administrator, now Supreme Court Associate Justice Jose
P. Perez, 70% involving cases before Metropolitan Trial Courts within Metro Manila tend to be little
claims(involving small amounts involving money) and several of the litigants in these cases are
generally poor. The Actual same task is true, if not more prevalent, within the provinces and also
rural places with the Philippines.
To effortlessly dispose of little claims, the Philippine Supreme Court promulgated the actual Rule
regarding Procedure for Tiny Claims Cases , which will govern the particular litigation involving
claims with regard to sums of income not exceeding 100,000 pesos (P100,000.00) and also
designated specific courts to end up being able to handle such cases.
Cases Covered through small Claims Courts
All claims pertaining to payments or even reimbursements for a sum of cash certainly not exceeding
P100,000.00 are actually considered tiny claims and, therefore, might simply be filed just before
small Claims Courts (SCCs). The Particular claim may arise from a assortment of sources: unpaid
loan, obtain price of your item or perhaps service, worth of your stolen or even damaged property,
amount claimed as damages, etc. the amount restrict doesn't contain interests and costs. Thus, an
indebtedness associated with P100,000.00 which earned an interest involving P1,000.00 when
because of and also incurred P200.00 as cost associated with collection - bringing a new total
involving P101,200.00 - will nevertheless be within your jurisdiction regarding SCCs.
The rule did not generate new courts but merely
designated Metropolitan Trial Courts, Municipal Trial
Courts throughout Cities, Municipal Trial Courts as well
as Municipal Circuit Trial Courts (known as first-level
courts since these people are in the initial and also
lowest level inside a hierarchy of courts with growing
jurisdiction as well as powers as well as inside the
appeals process). On the actual effectivity in the rule
upon October 1, 2008, simply 22 first-level courts had
been designated to act as SCCs throughout the particular country, but now all first-level courts work
as SCCs additionally with their normal powers.
Initiation associated with small Claims Cases
A small claims case can be initiated with the filing before the SCC of the statement associated with
claim, that is really a formal creating that sets forth your facts along with circumstances in the
claim. A New plaintiff (person suing) can simply secure a new ready-made statement associated with
claim form from the SCC and also could be guided by simply court personnel in preparing it.
Beneath the rule, a statement involving declare must be:
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Signed by the plaintiff or even his/her duly authorized representative;
Verified (plaintiff must attest to the truthfulness, and the or even your ex personal knowledge, with
the facts stated throughout an oath just before a notary public);
Be filed inside duplicate;
Accompanied by a certification regarding non-forum buying (plaintiff must certify below oath prior
to a notary public which he or even she's got not really filed the same claim prior to additional courts
or tribunals);
Accompanied through affidavits regarding witnesses;
Accompanied simply by certified replicates of just about any actionable document (i.e., contract or
perhaps promissory note) or photographs regarding the topic of the declare (i.e., photographs of
your stolen as well as damaged individual property); and
Accompanied through various other evidence for you to support the declare (i.e., the receipt).
Procedure right after Filing your Statement regarding Claim
After the statement associated with claim is actually filed the particular SCC will see whether it will
proceed with all the case or perhaps dismiss it outright. If, with regard to example, the particular
claim isn't purely for a sum of cash as well as involves cancelation of the contract, your SCC will
have to dismiss it.
If the actual SCC finds simply no ground for you to dismiss the claim it's likely to require the
defendant (person being sued) to resolve the actual statement regarding claim through filing a new
reaction within any non-extendible period associated with time of 10 days. the reaction should also
always be signed along with verified by the defendant, accompanied by simply certified copies of just
about any document/photographs relied upon pertaining to defense, and affidavits involving
witnesses as well as other evidence. Unlike in ordinary civil cases, your defendant just isn't allowed
to inquire for any dismissal in the declare - except when the SCC does not need jurisdiction to try
the particular case.
If zero reaction is filed, the actual SCC will render judgment based about the claim. Nevertheless if
your reaction is filed along together with a copy thereof is furnished for the plaintiff, the actual SCC
will demand the particular events in order to show up on any scheduled date regarding hearing.
Special Rule in Evidence
Except once and also pertaining to all trigger shown, evidence that's not really attached to either the
actual statement involving declare or even response can't be presented and admitted through the
hearing with the case. An instance of the great trigger is actually when in the period of filing your
statement regarding declare your evidence was not obtainable by means of zero fault of the plaintiff.
Counterclaims
Counterclaims are associated with 2 kinds: compulsory as well as permissive. a compulsory
counterclaim is but one in which arises out with the plaintiff's claim or possibly associated thereto,
whilst a permissive counterclaim is actually some other claim by simply defendant. (Example: a new
mechanic sues defendant for his service fees inside fixing the particular latter's car. Defendant rents
out the automobile along with earns earnings coming from it. In case your mechanic failed to correct
the car within the actual agreed time, thus depriving defendant of rental income for the delay,
defendant could file a claim with regard to unearned rental which usually will possibly be any
compulsory counterclaim).
A compulsory counterclaim should be included within the response or perhaps else it can easily will
absolutely no longer become claimed throughout an additional action, whilst any permissive
counterclaim do not really require to be included.
Rules throughout Case associated with Failure to Appear
If your plaintiff doesn't appear around the date set pertaining to hearing, your SCC will dismiss the
actual declare with out prejudice, this means it could be refiled again. In case the particular
defendant filed the permissive counterclaim inside his response, the actual SCC will render
judgment thereon.
If the lone defendant fails to seem the SCC will render judgment based around the claim. Failure of
each parties for you to seem will result in the dismissal of the claim along with counterclaim, if any,
with prejudice - meaning the situation can easily will no longer become filed again.
How Will the particular Court Listen To the particular Case?
The case will only always be heard along with decided in one day. Initially, the SCC will attempt to
persuade the events for you to amicably settle their own variations by resorting to numerous
alternative means of dispute resolution. When your SCC fails, it's likely to listen to the actual events
as well as call for these to existing their evidence, right after which usually a choice will most likely
be rendered. the decision of the SCC is not appealable.
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The strict rules associated with procedure in ordinary court proceedings, also because the rules
associated with evidence, are not observed; the SCC will carry on in the rather informal way. Also,
your events will have to represent by themselves as zero lawyers are allowed. Any lawyer are merely
able to seem in SCC when he's either the particular claimant as well as respondent himself. a party
may, however, end up being assisted during the hearing through somebody who is not just a lawyer
if they cannot existing the woman's declare or defense.
Also, a party could always be represented through another, provided that the representative will be
not just a lawyer and it is given a particular power of attorney which in turn authorizes him or
perhaps the woman's in order to settle the situation amicably, take component in virtually any
alternative dispute resolution and create admissions involving facts and documents.
Observance associated with Pre-condition pertaining to Filing of Suits
The provisions in the Katarungang Pambarangay law set forth within the Neighborhood Government
Code even now apply inside little claims cases. Throughout cases covered by this law, such as when
the parties are residents of the identical town or municipality, there offers for you to be proof in
which a new conciliation proceeding has been conducted at the barangay (small village) degree for
your purpose associated with amicably settling your dispute between the parties, along with that will
conciliation efforts failed, before a new case may be filed inside court, normally the situation can be
dismissible pertaining to prematurity.
References:
Rule involving Procedure in Tiny Claims Cases (A.M. No. 08-8-7-SC);
Rules regarding Civil Procedure (Rules associated with Court);
Local Government Code of 1991 (Republic Act No. 7160).