A.M. No. 08-8-7-SC - RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL COURTS
RULES ON EXPEDITED PROCEDURES IN THE FIRST LEVEL
COURTS
RULE 1
APPLICABILITY
Section
1. Coverage. — These rules shall govern the
expedited procedures in the Metropolitan
Trial Courts, the Municipal Trial Courts in Cities, the 
Municipal Trial Courts, and the
Municipal Circuit Trial Courts, for the following cases falling within their
jurisdiction:
A. CIVIL CASES
(I) Summary Procedure Cases,
as follows:
(a) Forcible entry and unlawful detainer cases,
regardless of the amount of damages or unpaid rentals sought to be recovered.
Where attorney's fees are awarded, the same shall not exceed One Hundred Thousand Pesos (PI 00.000.00).
(b) All civil actionsz except probate proceedings, admiralty and maritime actions and small claims cases falling under Rule IV
hereof where the total amount of the plaintiff's claim does not exceed Two Million Pesos (P2,000,000.00) exclusive of interest, damages of whatever
kind, attorney's fees, litigation expenses and costs.
(c) Complaints for damages where the claim does not exceed Two Million Pesos (P2,000,000.00) exclusive of interest and costs.
(d)Cases for enforcement of barangau amicable settlement agreements and arbitration awards where the money claim exceeds One Million Pesos provided that no execution has been enforced by the barangav within six (6) months from the date of the 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 VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991.
(e)Cases
solely for the revival of judgment of any Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, and Municipal Circuit Trial
Court, pursuant to Rule 39, Section 6 of the Rules of Court.
(f) The civil aspect
of a violation of Batas Pambansa Blg. 22 (the Bouncing Checks Law), 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.
All other cases not included
herein shall be governed by the regular rules of procedure.
(2) Small Claims
Cases, as defined hereunder, where the claim does not exceed One Million Pesos
(P1,000,000.00) exclusive of interest and costs.
A
"small claim" is an action that is purely civil in nature where the
claim or relief raised by the plaintiff is solely for the payment or
reimbursement of a sum of money. It excludes actions seeking other claims or
reliefs aside from payment or reimbursement of a sum of money and those coupled
with provisional remedies.
The claim or demand may be:
(a) For money owed under any of the following:
I. Contract of Lease;
2. Contract of
Loan and other credit accommodations•
3. Contract of
Services; or
4. Contract of
Sale of personal property, excluding the
recovery of 
the
personal property, unless it is made the subject of a compromise agreement
between the parties.
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(b) The enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangal/ within six (6) months from the date of the 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 Republic Act No. 7160, otherwise known as The Local Government Code of 1991.
B. CRIMINAL CASES
The following criminal cases shall be governed by the
Rule on Summary Procedure:
(1) Violations
Of traffic laws, rules and regulations;
(2) Violations
of the rental law;
(3) Violations
of municipal or city ordinances;
(4) Violations of Batas Parnbnnsn Blg. 22 (the Bouncing
Checks Law); and
(5) All other
criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding one (1) year, or a
fine not exceeding Fifty Thousand Pesos (P50,000.00) or both, regardless
of other imposable penalties, accessory or otherwise, or of the civil liability
arising therefrom. In offenses involving damage to property through criminal
negligence under Article 365 of the Revised Penal Code, this Rule shall govern
where the imposable fine does not exceed One
Hundred Fifty Thousand Pesos (P150,OOO.OO).
If the prescribed penalty
consists of imprisonment and/or a fine, the prescribed imprisonment shall be
the basis for determining the applicable procedure.
All other cases not included
herein shall be governed by the regular rules of procedure.
Sec.
2. Non-applicability. — These Rules shall not apply to civil cases where the plaintiff's cause of action is pleaded in the
same complaint with another cause of action subject to the regular procedure; nor to criminal
cases where the offense charged is necessarily related to another criminal
case subject to the regular procedure.
RULE 11
GENERAL COMMON PROVISIONS
Section
1. Applicability of the regular rules. - The regular procedure prescribed in
the Rules of Court shall apply to the cases
covered by these Rules where no specific
provision is found herein. It shall also apply in a suppletory manner even if
there is a specific provision found in these Rules, but only in so far as not
inconsistent. In case of inconsistency, these Rules shall prevail.
Sec.
2. Prohibited pleadings and motions. - The following pleadings, motions, or
petitions shall not be allowed in cases governed by these Rules:
(a) In civil cases a motion to dismiss the complaint or the statement of claim, and in criminal cases,
a motion to quash the complaint or information, except on the ground of lack of
jurisdiction over the subject matter or failure to comply with the requirement of barangtl!/ conciliation,
pursuant to Chapter Vllt Title 1, Book 111 of Republic Act No. 7160;
(b) Motion to hear and/or resolve affirmative defenses•
(c) Motion for
a bill of particulars;
(d) Motion for
new trial, or for reconsideration of a judgment on the merits, or for reopening
of proceedings;
(e) Petition
for relief from judgment;
(f) Motion for
extension of time to file pleadings, affidavits or any other paper; (g)
Memoranda;
(h) Petition
for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court;
(i) Motion to
declare the defendant in default;
(j) Dilatory
motions for postponement. Any motion for
postponement shall be presumed dilatory unless grounded on acts of God, force
majeure, or physical inability of a counsel or witness to personally appear in
court, as supported by the requisite affidavit and medical proof;
(k) Rejoinder;
(l) Third-party
complaints;
(m) Motion for and Complaint in Intervention;
(n) Motion to admit late judicial affidavit/ s, position
papers, or other evidence, except on the ground of force majeure or acts of
God;
(o) Motion for judicial determination of probable cause in
criminal cases.
Sec. 3.
Videoconference. — As far as practicable, and if the court finds that the
conduct of a videoconference hearing will be beneficial to the fair, speedy and
efficient administration of justice, the court, on its own initiative or upon
motion, may set the case for a videoconference hearing at any stage of the
proceedings.
Sec. 4.
Service pursuant to international convention. - Service made pursuant to the
Hague Convention on the Service Abroad of ludicial and Extrajudicial Documents
in Civil or Commercial Matters shall be valid, and the period to answer shall
commence from receipt of the document served.
RULE 111
THE RULE ON SUMMARY PROCEDURE
A. CIVIL CASES
Section 1. Pleadings and Verification.-
The only pleadings allowed to be filed are the complaint, compulsory
counterclaim, cross-claim pleaded in the answer, and
reply, as provided in Section 8 of this Rule.
All
pleadings shall be verified.
Sec. 2. Form and
contents of.pleadings. - All pleadings submitted under this Rule shall corn
I with Rule 7 of the 2019 Amendments to the 1997 Rules o Civil Procedure.
All cases
requiring prior referral to barangal/ conciliation must contain a statement of
compliance, pursuant to Chapter VIl, Title I, Book Ill of Republic Act No.
7160. Where there is no showing of compliance with such requirement, the
complaint shall be dismissed without prejudice, on the court's own initiative
or upon motion by the defendant, and may be re-filed only after the requirement
has been complied with.
Sec. 3. Complaint. - The complaint shall state the
following:
(a) The names of the affiants whose judicial affidavits
will be presented to prove the plaintiff's claim. The judicial affidavits shall
be attached to the complaint and form an integral part thereof. Judicial
affidavits not attached to the complaint shall not be considered;
(b) The summary of the statements in the judicial
affidavits;
(c) The documentary and other object evidence in support
of the allegations in the complaint; and
(d) Whether the plaintiff consents to service by
electronic means or facsimile and, if so, the plaintiff's e-mail addresses or
facsimile numbers for such purpose.
Sec.
4. Summons. — Within five (5) calendar days
from receipt of a new civil case, if the court determines that the case falls
under this Rule, the court shall direct the Branch Clerk to issue summons to
the defendant, stating clearly that the case shall be governed by the Rule on
Summary Procedure.
However, if from an
examination of the allegations in the initiatory pleading and such evidence as
may be attached thereto, a ground for the outright dismissal of the case is
apparent, the court may dismiss the case on its own initiative. These grounds
include lack of subject matter jurisdiction, improper venue, lack of legal
capacity to sue, litis pendentia, res judicata, prescription, failure to state
a cause of action, non-submission of a certification against forum shopping,
and lack of compliance with a condition precedent such as absence of barangay
conciliation, among others.
A patently erroneous
determination to avoid the application of the Rule on Summary Procedure is a
ground for disciplinary action.
Sec. 5.
Filing and Service. — The rules on filing and service of pleadings under Rule
13 and service of summons under Rule 14 of the 2019 Amendments to the 1997
Rules of Civil Procedure shall be applicable to cases under this Rule unless
inconsistent.
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Sec. 6. Answer. Within thirty (30) calendar days from service of summons, the defendant shall file an answer to the complaint and serve a copy thereof on the plaintiff.
The answer shall state the following:
The names of the affiants whose judicial
affidavits will be presented to prove the defendant's allegations. The judicial
affidavits shall be attached to the answer and form an integral part thereof.
Judicial affidavits not attached to the answer shall not be considered •
(h)
The summary of the statements in the judicial
affidavits;
The documentary and other object evidence in
support of the allegations in the answer; and
(d) Whether the defendant
consents to service by electronic means or facsimile and if so the defendant's
e-mail addresses or facsimile numbers for such purpose.
Affirmative defenses not pleaded in the ansvver shall be
deemed waived, except for lack of jurisdiction over the subject matter, litis pendentia, res judicata, and prescription.
Cross-claims and compulsory counterclaims not asserted in the
answer shall be considered barred.
Sec. 7.
Counterclaims Within the Coverage of this Rule. — If at the time the action is
commenced, the defendant possesses a claim against the plaintiff that (a) is
within the coverage of this Rule, 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; and (d) is not the subject of another pending action, the claim
shall be filed as a counterclaim in the answer; otherwise, the defendant shall
be barred from suing on such counterclaim.
The
defendant may also elect to file a counterclaim against the plaintiff that does
not arise out of the same transaction or occurrence, provided that the amount
and nature thereof are within the coverage of this Rule and the prescribed
docket and other legal fees are paid.
Any amount
pleaded in a counterclaim in excess of Two Million Pesos (P2,000,000.00) excluding interests and costs, shall be deemed
waived.
Sec. 8. Repll/.
- All new matters alleged in the answer shall be deemed controverted.
The
plaintiff may file a reply to a counterclaim only when an actionable
document is attached to the answer. The reply shall be filed within ten (10)
calendar days from receipt of the answer.
Sec. 9. Effect offailure to answer. — Should the defendant
fail to answer the complaint within the period provided, the court, on its own initiative, or upon manifestation by
the plaintiff that the period for filing an answer has already lapsed shall render judgment as may be warranted by
the facts alleged in the complaint and its
attachments limited to what is prayed for therein.
The court may reduce the amount of damages and attorney's
fees claimed for being excessive or otherwise unconscionable.
Sec. 10. Preliminary Conference; notice. — Within five (5) calendar days after the last
responsive pleading is filed, the Branch Clerk of Court shall issue a Notice of
Preliminary Conference, which shall be held within thirty (30) calendar days
from the date of filing of such last responsive pleading. The rules on
pre-trial under Rule 18 of the 2019 Amendments to the 1997 Rules o Civil Procedure shall be applicable to the
Preliminary Conference, unless inconsistent.
The Notice
of Preliminary Conference shall include the dates respectively set for:
(a) Preliminary Conference (within 30 calendar days from
the filing of the last responsive pleading);
(b) Court-Annexed Mediation (within an inextendible period
of 30 calendar days from date of referral for mediation); and
(c) Judicial Dispute Resolution, in the court's discretion
(within an inextendible period of 15 calendar days from notice of failure of
the Court-Annexed Mediation).
Non-appearance at any of the
foregoing settings shall be deemed as non-appearance at the Preliminary
Conference and shall merit the same sanctions under Section 12 of this Rule.
Sec. 11. Preliminary
Conference Brief. — The parties shall file with the court and serve on the
adverse party in such a way as to ensure receipt, at least three (3) calendar
days before the scheduled Preliminary Conference, their respective Preliminary
Conference Briefs, which shall contain, among others:
(a) A summary of admitted facts;
(b) A summary of disputed facts and proposals for
stipulations on the same;
(c) A statement of factual and legal issues; and
(d) A list of testimonial, object. and other documentary
evidence offered in support of the party's claims or defenses, and their
markings, if any.
Failure to submit a
Preliminary Conference Brief within the period given shall merit the same
sanction as non-appearance at the Preliminary Conference.
Sec. 12. Appearance at Preliminary Conference. It shall be
the duty of the parties and their counsel to appear at the Preliminary
Conference, CourtAnnexed Mediation, and Judicial Dispute Resolution, if the
latter is ordered by the court. The non-appearance of a party and/or counsel
may be excused only for acts of God, force majeure, or duly substantiated
physical inability.
A representative may appear on behalf of a party, but
must be fully authorized through a Special Power of Attorney or a board
resolution, as the case may be, to: (1) enter into an amicable settlement, (2)
to submit to alternative modes of dispute resolution, and (3) to enter into
stipulations or admissions of facts and documents. An authority which fails to
include all these acts shall be ineffective and the party represented shall be
deemed absent.
The failure despite notice of the plaintiff and/or his or her counsel to appear at the Preliminary Conference
shall be a cause for the dismissal of the complaint. The defendant who appears
in the absence of the plaintiff shall be entitled to judgment on the
counterclaim, in accordance with Section 9 of
this Rule. All cross-claims shall be dismissed.
If a sole defendant and/or
his or her counsel fail to appear at the Preliminary
Conference, the plaintiff shall be entitled to judgment in accordance with
Section 9 of this Rule. This Rule shall not
apply, however, where one of two or more
defendants sued under a common cause of action and
who had pleaded a common defense, shall appear at the Preliminary Conference.
Sec. 13. Preliminary Conference Order. - Immediately after the preliminary conference and
the issues having been joined, the court shall issue a Preliminary Conference
Order referring the parties to the mandatory Court-Annexed Mediation, and
Judicial Dispute Resolution, which shall be conducted in accordance with the
provisions of A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of
the Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) in
Civil Cases.
The court
may, in the same Preliminary Conference Order, declare 
the case
submitted for judgment if, on the basis of the pleadings and their attachments,
as well as the stipulations and admissions made by the parties, judgment may be
rendered without the need of submission of position papers. In this event, the
court shall render judgment within thirty (30) calendar days from issuance of
the order. The court's order shall not be the subject of a motion for
reconsideration or a petition for certiorari, prohibition, or mandamus, but may
be among the matters raised on appeal after a judgment on the merits.
If the
court, however, deems the submission of position papers still necessary, it
shall require the parties, in the Preliminary Conference Order, to submit their
respective position papers within ten (10) calendar days from receipt of such
order. No other judicial affidavits or evidence will be admitted even if filed
with the position papers.
Sec. 14. Rendition of judgment. - Within thirty (30) calendar days from
receipt by the court of the Mediator's Report or the JDR Report on the parties'
failure to reach an amicable settlement, the court shall render judgment.
However, should the court find it necessary to clarify
certain material facts, it may, during the said period, issue an order
specifying the matters to be clarified, and require the parties to submit additional judicial affidavits or other
evidence on the said matters, within ten (10) calendar
days from receipt of said order. Judgment shall be rendered within fifteen
(15) calendar days after the receipt of the
last clarificatory judicial affidavits, or
the expiration of the period for filmg the same.
The court shall not resort to the clarificatory procedure to
gain time for the rendition of the judgment.
B. CRIMINAL CASES
Section
1. How commenced; filing and service. — The filing of criminal cases governed by the Rule on Summary Procedure
shall either be by complaint or by information.
The complaint or information shall be accompanied by the
judicial affidavits of the complainant and of his or her witnesses, in such
number of copies as there are accused, plus one
(I) copy for the court.
The complaint or information
and other submissions of the parties may be filed with the court and served on
the adverse party lies, and judgments, resolutions, orders, and other court
processes may be served to the parties, electronically with their consent, in
accordance with the prevailing Rules and other Court issuances.
Sec. 2. Duty of court; ludicial Affidavits. 
(a) If
commenced by complaint. — On the basis of the complaint and the judicial affidavits and other evidence
accompanying the same, the court may 
dismiss the case outright for lack of probable cause and order the release of the accused if in
custody.
(b) 
If
commenced by information. — When the case is commenced by information, or is
not dismissed pursuant to paragv.aph (a),
the court shall issue an order which, together
with copies of the resolution of the investigating officer and the judicial
affidavits and other evidence submitted by the prosecution, shall require
the accused to submit a judicial
counter-affidavit and the judicial affidavits of his or her witnesses as
well as any other evidence in his or her behalf, within
fifteen (15) calendar days from receipt of the order. The accused shall serve
copies thereof on the private complainant and the public prosecutor within the
same period.
Except on rebuttal, no
witness shall be allowed to testify unless his or her judicial affidavit was
submitted in accordance with this provision. 'The judicial affidavit shall take
the place of the direct testimony of a witness.
However, instead of judicial
affidavits, the prosecution may submit the written sworn statements of the
complainant and/or the witnesses prepared by the law enforcement agents
assigned to the case, or the 
affidavits
submitted to the public prosecutor during preliminary investigation. If the
prosecution chooses this option, the prosecutor shall not be allowed to ask
additional direct examination questions of the complainant and/or the
wiffiesses, except for meritorious reasons. The sworn
statements and affidavits shall stand as the direct testimony of the affiants,
supplemented by additional direct examination if allowed by the court.
Sec 3. Determinahon of probable cause. — Upon receipt of the accused's judicial counter-affidavit and/or the judicial affidavits of his or her witnesses, or the lapse of the period given for the submission thereof, the court shall determine if probable cause exists to hold the accused for trial.
If the
court finds that no probable cause exists, it shall order the dismissal of the case and the immediate release of
the accused, if in custody.
If the court finds that
probable cause exists, the court shall set
the case for arraignment and pre-trial.
For
detained accused, if the period for submission of judicial affidavits and other
evidence by the accused has not yet lapsed and no submission has been made on
the date set for the arraignment and pre-trial, the court may proceed with the
arraignment if the accused waives the court's consideration of his or her
judicial counter-affidavit and/or the judicial affidavits of his or her
witnesses in the determination of probable cause, without waiver of the
admission of such judicial counter-affidavit and/or the judicial affidavits of
his or her witnesses within a fresh period of ten (10) calendar days from the
date of the arraignment and the pre-trial.
Sec. 4. Arrest. — The court
shall not issue a warrant for the arrest of
the accused in criminal cases governed by the
Rule on Summary Procedure, except for failure to appear despite notice, whenever required by the
court. Release of the person arrested shall either be on bail, or on his or her own recognizance, or that of a
responsible citizen acceptable to the court.
If the
warrant of arrest could not be served on the accused because he or she could
not be located, the court shall issue an order archiving the case once the law
enforcement agency entrusted with the service of the warrant of arrest files a
return to that effect, or after six (6) months from the issuance of the warrant
of arrest, there being no return filed by the law enforcement agency.
Sec. 5.
Arraignment and pre-trial. —
(a) Upon
receipt of the case, the court shall set the arraignment and pretrial within
ten (10) calendar days for detained accused and thirty (30) calendar days for
non-detained accused.
The notice
of arraignment and pre-trial shall require the attendance of the accused and
his or her counsel and all defense witnesses, the private complainant and his
or her witnesses, the public prosecutor and private prosecutor, where allowed, as
well as the law enforcement agents assigned to the case.
Before
arraigning the accused, the court shall inquire into the possibility of a plea
bargain between the parties. If there is no plea bargain, the court shall
arraign the accused on the original charge and enter his or her plea in the
record.
If the accused pleads guilty
to the original charge, the court shall forthwith sentence him or her.
If the accused offers to
plead guilty to a lesser offense, the consent of the public prosecutor and the
private complainant, or the law enforcement agent assigned to the case in
victimless crimes, shall be secured, unless the latter are absent despite
notice, in which case the consent of the public prosecutor shall suffice.
(b) After arraignment, the court shall conduct the Pre-Trial Conference in accordance with the Revised Guidelines for Continuous Trial o Criminal Cases.
No admission by the accused
shall be used against him or her unless reduced into writing and signed by the
accused and the defense counsel. The signatures of the accused and the defense
counsel either on the PreTrial Order or the Minutes of the Pre-Trial Conference
which embodies such admissions shall suffice.
Sec. 6.
Trial and Offer. —At the trial, the testimonies of witnesses shall consist of the
duly subscribed written statements given to law enforcement agents, or the
affidavits or counter-affidavits submitted before the investigating officer, or
their judicial affidavits, subject to cross, re-direct! and re-cross
examination questions.
Should any affiant fail to
testify, his or her affidavit shall not be considered as competent evidence for
the party presenting the affidavit, but the adverse party may utilize the same
for any admissible purpose.
Except on rebuttal, no
witness shall be allowed to testify unless his or her affidavit was previously
submitted to the court in accordance with Section 2 hereof.
The prosecution shall have
sixty (60) calendar days to complete its evidence presentation. On the last day
of its presentation of evidence, the public prosecutor shall orally offer the
prosecution evidence. The defense counsel shall then make his or her oral
comments on the offer, and thereafter, the court shall orally resolve the offer
of evidence of the prosecution.
The ruling shall be embodied in the written order the court will issue
thereafter.
The defense shall also have
sixty (60) calendar days to complete its evidence presentation. On the last day
of its presentation of evidence, the defense counsel shall orally offer the
defense evidence. The public prosecutor shall then make his or her oral
comments on the offer, and thereafter, the court shall orally resolve the offer
of evidence of the defense. The ruling shall be embodied in the written order
the court will issue thereafter.
If the
prosecution decides to present rebuttal evidence, it shall have fifteen (15)
calendar days from the court action on the offer of defense evidence to
complete the same.
A motion for
postponement of any trial date shall be presumed dilatory and denied outright,
unless grounded on acts of God, force majeure, or duly substantiated physical
inability of the counsel or witness. Any postponement granted by the court for
the authorized causes shall not extend the
period for presentation of a party's evidence. The party who sought the
postponement shall only have the remaining trial dates assigned to him or her
to complete his or her evidence presentation.
Sec. 7. Judgment. - The court shall
render and promulgate the judgment not later than thirty (30) calendar days from
the court's action on the last presenting party's offer of evidence.
C. APPEALS IN SUMMARY PROCEDURE
Section 1. Ordinary appeal. — Any judgment, final order, or final resolution in a Summary
Procedure case may be appealed to the appropriate Regional Trial Court
exercising jurisdiction over the territory under Rule 40 for civil
cases and Rules 122 for criminal cases, of the Rules of Court. The appeal shall
be taken by filing a notice of appeal, together with proof of payment of the
appeal fees, with the court that rendered the judgment, order or resolution
appealed from, within fifteen (15) calendar days from receipt of the same.
Sec. 2. Remedy from judgment on appeal. — The judgment of the Regional Trial Court on the
appeal shall be final, executory, and unappealable.
RULE IV
THE RULE ON SMALL CLAIMS
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Sec. 2. Objectives. —
(a) To protect
and advance the constitutional right of persons to a speedy disposition of
their cases;
(b) To provide a simplified and inexpensive procedure for the disposition of small claims cases; and
(c) To
introduce innovations and best practices for the benefit of the
underprivileged.
Sec. 3. Definition of Terms. — For purposes of this
Rule:
(a)Plaintiff refers to the party who
initiated a small claims action. The term includes a defendant who has filed a
counterclaim against a plaintiff;
(b)
Defendant is the party against whom the plaintiff has
filed a small claims action. The term includes a plaintiff against whom a
defendant has filed a claim, or a person who replies to the claim;
(c)
Person is an individual, corporation, partnership,
limited liability partnership, association, or other juridical entity endowed
with personality by law;
(d)
Individual is a natural person;
(e)
Motion means a party's request, written or oral, to
the court for an
order or
other action. It shall include an informal written request to the court, such
as a letter;
(f)
Good cause means circumstances sufficient to justify
the requested order or other action, as determined by the judge;
(g)
Affidavit means a written statement or declaration of
facts that are sworn to or affirmed to be true;
(h)
Business of
Lending refers to any lending activity pursued with regularity;
(i)
Business of
Banking refers to the business of lending funds obtained in the form of
deposits.
Sec.
4. Commencement of Small Claims Action. — A small claims action is commenced by
filing with the court an accomplished Statement
of Claim/ s with Verification and Certification Against Forum Shopping,
Splitting a Single Cause of Action, and Multiplicity of Suits (Form I-SCC)
and duly certified photocopies of the actionable document/ s subject of the
claim, affidavits of witnesses, and other evidence to support the claim, with as many copies thereof as there are
defendants. No evidence shall be allowed during the hearing which was not
attached to or submitted together with the Statement of Claim/ s, unless good
cause is shown for the admission of additional evidence.
The plaintiff must state in the Statement of Claim/ s 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.
For
juridical entities, a board resolution or secretary's certificate authorizing
the person to file the claim must be attached to the Statement of Claim/ s. 1
No formal pleading, other than the Statement of Claim/ s
described in this Rule, is necessary to initiate a small claims action.
Sec. 5. Venue for Small Claims
Cases. - The regular rules on venue shall apply.
However, if the plaintiff is engaged in the business of
lending, banking and similar activities, and has a branch within the
municipality or city where the defendant resides or
is holding business, the Statement of Claim/ s shall be filed in the court of the city or municipality where the
defendant resides or is holding business. If there are two (2) or more
defendants, it shall be filed in the court of the city or municipality where
any of them resides or is holding business, at the option of the plaintiff.
Sec. 6.
Joinder of Claims. — Plaintiff may join in a single statement of claim one or
more separate small claims against a defendant provided that the total amount
claimed, exclusive of interest and costs, does not exceed One Million Pesos (P1, 000,000.00
Sec. 7. Affidavits. — The affidavits submitted under this
Rule shall state only facts of direct personal knowledge of the affiants or
based on authentic records, which are admissible in evidence.
A violation of this requirement shall subject the
party, and the counsel who assisted the party in the preparation of the
affidavits, if any, to appropriate disciplinary action. The inadmissible
affidavit(s) or portion(s) thereof shall be expunged from the record.
The non-submission of the required affidavits will
cause the immediate dismissal of the claim or counterclaim.
Sec. Payment of Filing Fees. — The plaintiff shall pay the
docket and other legal fees prescribed under Rule 141 of the Revised Rules of
Court, unless allowed to litigate as an indigent. Exemption from the payment of
filing fees shall be granted only by the Supreme Court.
However, if more than five (5) small claims are filed
by one party within the calendar year, regardless of the judicial station, an
additional filing fee of Five Hundred Pesos (P500.00)
shall be paid for every claim filed after the fifth (5th) claim, and an
additional One Hundred Pesos
Per Resolution dated March 15, 2022, A.M. No.
08-8-7-SC.
- 20 -
1,
(12100.00)
or a total of Six Hundred Pesos Œ600.OO)
for every claim filed after the tenth (10th) claim, and another One Hundred Pesos (P100.00) or a total of Seven
Hundred Pesos (P700) for every claim filed after the fifteenth (15th)
claim, progressively and cumulatively.
If a case is dismissed
without prejudice under Sec. 12 (f) of this Rule, and is re-filed within one
(I) year from notice of dismissal, the plaintiff shall pav a fixed amount of
Two Thousand Pesos (P2,OOO.00) as filing fee, inclusive of the One Thousand
Peso (P1 ,000.00) fee for service of summons and processes.
If the plaintiff is engaged in the business of lending,
banking, and similar activities, the amount of filing and other legal fees
shall be the same as those applicable to cases filed under the regular rules of
procedure.
A claim
filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the
Executive Judge for immediate action in case of multi-sala courts. If the
motion is granted by the Executive Judge, the case shall be raffled off or
assigned to the court designated to hear small claims cases. If the motion is
denied, the plaintiff shall be given five (5) calendar days within which to pay
the docket fees, otherwise, the case shall be dismissed 
without prejudice. In no case shall
a party, even if declared an indigent, be exempt from the payment of the One Thousand Peso (P1,OOO.OO) fee for service
of summons and processes.
Sec.
9. Dismissal of the Claim. — After the court determines that the case falls under this Rule it may, from an examination of the allegations of the
Statement of Claim/ s and such evidence attached thereto, on its own
initiative, dismiss the case outright on any of
the following grounds:
(a) The court has no jurisdiction over the subject
matter;
(b) There is another action pending between the
same parties for the same cause•
(c) The action is barred by prior judgment;
(d) The claim is barred by the statute of
limitations;
(e) The court has no jurisdiction over the person
of the defendant;
(f) Venue is improperly laid;
(g) Plaintiff has no legal
capacity to sue;
(h) The Statement of Claim/
s states no cause of action;
(i) That a condition precedent for filing the
claim has not been complied with• and
(j) Plaintiff failed
to submit the required affidavits, as provided in Section 7 of this Rule.
The
order of dismissal shall state if it is with or without prejudice.
If, during the hearing, the court is able to determine that
there exists a ground for dismissal of the Statement of Claim/ s, the court may on its own initiative dismiss the case even if
such ground is not pleaded in the defendant's Response (Form 3-SCC).
If plaintiff misrepresents that he/she/ it is not
engaged in the business of lending, banking, or similar activities when in fact
he/ she/ it is so engaged, the Statement of Claim/ s shall be dismissed with
prejudice and plaintiff shall be meted the appropriate sanctions, including citation for direct contempt.
However, if the case does not fall under this Rule,
but falls under summary or regular procedure, or
if the case is filed under summary or regular procedure but falls under this
Rule, 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,
Sec. 10. Summons and Notice of Hearing. — If no ground for
dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) within twenty-four (24) hours from receipt of
the Statement of Claim/ s, directing the defendant to submit a verified
Response.
The Summons
to be served on the defendant shall be accompanied by a copy of
the Statement of Claim/ s and documents submitted by plaintiff, and a blank
Response Form (Form 3-SCC) to be accomplished by the defendant.
The court
shall also issue a Notice of Hearing (Form 4-SCC) to both parties, directing
them to appear before it on a specific date and time for hearing, with a
warning that no unjustified postponement shall be allowed, as
provided in Section 20 of this Rule. A blank Special Power of Attorney (Form
7-SCC) shall be attached to the Notice of Hearing.
The Notice of
Hearing shall accompany the Summons and shall contain: (a) the date of the
hearing, which shall not be more than thirty (30) calendar days from the filing
of the Statement of Claim/ s, or not more than
sixty (60) calendar days if one of the defendants resides or holds business
outside the judicial region; and (b) the express prohibition against the
filing of a motion to dismiss or other prohibited motions under Section 2 
Rule 11.
Sec. 11.
Electronic Filing and Service. - The service of court issuances and filings by
the plaintiff/ s and defendant/ s may be made through email, facsimile,
and other electronic means. Notices may also be served through mobile phone
callsz short messaging service (SMS), or instant messaging (1M) software
applications. The consent to, and chosen mode of, electronic service and notice
shall be indicated in the Statement of Claim/ s or Response, as the case may
be.
Sec, 12. Service of Summons.
-
(a) The Summons and Notice of Hearing must be issued
within twenty-four (24) hours from receipt of the Statement of Claim/ s.
The
Summons, together with the Notice of Hearing, shall be served by the 
sheriff,
his or her deputy, or other proper court officer within ten (10) calendar days
from issuance. Within five calendar (5) days from such service, the Officer's
Return shall be filed with the court with a copy furnished to the plaintiff at
the given address/ es of record.
(b) If Summons is returned without being served on any or
all of the defendants, the court shall order the plaintiff or his or her
representative to serve or cause the service of Summons.
(c) In cases where Summons is to be served outside the
judicial region of the court where the case is pending, the court may order the
plaintiff or his or her representative
to serve or cause the service of Summons.
(d) If the plaintiff is a juridical entity, it shall
notify the court, in writing, and name its authorized representative therein,
attaching a board resolution or secretary's certificate thereto, as the case
may be, stating that such representative is duly authorized to serve the
Summons on behalf of the plaintiff.
(e) If the plaintiff misrepresents that the defendant was
served with Summons, and it is later proved that no Summons was served, the
case shall be dismissed with prejudice, the proceedings shall be nullified, and
the plaintiff shall be declared in indirect contempt under Rule 71 of the Rules
of Court, and/ or be meted a fine in the amount of P5,000.00
(f) In both instances under paragraphs (b) and (c), the
plaintiff shall inform the court within thirty (30) calendar days from notice
if said Summons was served; otherwise, the Statement of Claim/ s shall be
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
one year from notice of dismissal, subject to payment of reduced filing fees
under Section 8 hereof.
Sec.
13. Response. — The defendant shall file with the court and serve on the
plaintiff a duly accomplished and verified Response (Form 3-SCC) within a non-extendible period of ten (10) calendar days from receipt of Summons. The
Response shall be accompanied by certified photocopies of documents, as well as affidavits of
witnesses and other evidence in support thereof. No evidence shall be allowed
during the hearing which was not attached to or submitted together with the
Response, unless good cause is shown for the admission of additional evidence.
Sec.
14. Effect of Failure to File Response. — Should the defendant fail to file
his/her/ its 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 Statement
of Claim/ s and its attachments.
Should the defendant fail to file his/her/ its Response
within the required period but appear on the date set for hearing, the court
shall ascertain what defense he/ she/ it has to offer, which shall constitute
his/her/ its Response, proceed to hear the case
on the same day as if a Response has been filed and( thereafter, render
judgment within twentyfour (24) hours from the termination of the hearing. If
the defendant relies on documentary evidence to support his defense, the court
shall order him/her/ it to submit original copies of such documents within
three (3) calendar days from the termination of the hearing and, upon receipt
thereof or expiration of the period to file, the court shall render judgment
within twenty four (24) hours.
Sec. 15.
Counterclaims Within the Coverage of this Rule. — If at the time the action is
commenced, the defendant possesses a claim against the plaintiff that (a) is
within the coverage of this Rule, 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; and (d) is not the subject of another pending action, the claim
shall be filed as a counterclaim in the Response; otherwise, the defendant
shall be barred from suing on such counterclaim.
The defendant may also elect to file a counterclaim
against the plaintiff that does not arise out of the same transaction or
occurrence, provided that the amount and nature thereof are within the coverage
of this Rule and the prescribed docket and other legal fees are paid.
Any amount
pleaded in a counterclaim in excess of One Million Pesos (PI .000,000.00),
excluding interests and costs, shall be deemed waived.
Sec. 16. Availability of Forms; Assistance by Court
Personnel. — The Clerk of Court or other court personnel
shall provide such assistance as may be requested by a plaintiff or a defendant
regarding the availability of forms and other information about the coverage,
requirements, as well as procedure, for small claims cases.
Plaintiff
shall be given copies of Forms I-SCC (Statement of Claim/ s), I-A-SCC (Other
Plaintiffs or Defendants) for additional plaintiffs or defendants, if any, and
I-B-SCC (Plaintiff's Information Sheet).
The Branch
Clerk of Court must ensure that there should be, at least, one (1) hearing day
every week devoted to Small Claims, with a minimum of five (5) cases scheduled
per hearing day. Cases with the same party-
plaintiff may all be set on
the same date for facility in the preparation of notices and judgments. The
Court should post a notice of its Small Claims hearing day conspicuously at the
Branch and at the Office of the Clerk of Court.
Sec.
17. Appearance. — The parties shall personally appear on the designated date of
hearing.
Appearance through a representative must be for a valid
cause. The representative of an individual-party must
not be a lawyer. Juridical entities shall not be represented by a lawyer in
any capacity.
The representative must be authorized under a Special Power
of Attorney (Form 7-SCC), board resolution or secretary's certificate, as the
case may be, to enter into an amicable settlement of the dispute and to enter
into stipulations or admissions of facts and of documentary exhibits.
Sec.
18. Appearance of Attorneys Not Allowed. — No attorney shall appear in behalf
of or represent a party at the hearing, unless the attorney is the plaintiff or
defendant.
If the court determines that a party cannot properly present
his/her/ its claim or defense and needs assistance, the court may, in its
discretion, allow another individual who is not an attorney to assist that
party upon the latter's consent.
Sec.
19. Non-appearance of parties. — Failure of the plaintiff to appear shall be
cause for the dismissal of the Statement of Claim/ s without prejudice. The
defendant who appears in the absence of the plaintiff shall be entitled to
judgment on the counterclaim.
Failure of the defendant to appear shall have the same effect
as failure to file a Response under Section 14 of this Rule. This shall not
apply where one of two or more defendants who are sued under a common cause of
action and have pleaded a common defense appears at the hearing.
Failure of both parties to appear shall cause the dismissal
with prejudice of both the Statement of Claim/ s and the counterclaim.
Sec.
20. Postponement When Allowed. — A request for postponement of a hearing may be
granted only upon proof of the physical inability of the party to appear before
the court on the scheduled date and time. A party may avail of only one (I)
postponement.
Sec.
21. Duty of the Court. — At the beginning of the court session, the judge shall
read aloud a short statement explaining the nature, purpose and the rule of
procedure of small claims cases.
Sec. 22. Hearing. - At the hearing, the judge shall first
exert efforts to bring the parties to an amicable settlement of their dispute. Settlement discussions
must be conducted in strict confidentiality.
Any
settlement or resolution of the dispute shall be reduced into writing, signed
by the parties, and immediately submitted to the court for approval at the
hearing (Form 9-SCC). The court shall render
judgment based on the compromise agreement within twenty-four (24) hours, and
furnish copies thereof to the parties (Form 10-SCC).
If at any
time before or at the hearing, a compromise agreement is submitted, signed by
both parties, but only one (1) or neither party appears to confirm it, the
court shall issue an order directing the nonappearing
party / ies to confirm the compromise agreement within three (3) calendar days
from notice thereof; otherwise, it shall be 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 Court-prescribed 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
(1M) applications with video call features, provided that the following
conditions are met:
The court shall use either its
official e-mail address or cell phone number to access the alternative
videoconferencing platform or instant messaging (1M) application;
Cþ) 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 bet to
access the alternative videoconferencing platform or instant messaging (1M)
application; and
The court shall maintain a record and
transcription of the proceedings.
Sec. 24. Decision. - After the hearing, the court shall
render its decision based on the facts established by the evidence, within
twenty-four (24) hours from termination of the hearing (Form Il-SCC). The refund of the
remaining balance from the Sheriff's Trust Fund (STF), subject to accounting
and auditing procedures, shall be included in the decision.
The decision shall immediately be entered by the Clerk of
Court in the court docket for civil cases and a copy thereof forthwith served
on the parties.
The
decision shall be final, executory and unappealable.
Sec. 25. Execution. — When the decision is rendered and proof of receipt thereof is on record execution
shall issue (Forms 13-SCC, 13-A-SCC, or
13B-SCC) upon ex parte motion of the
winning party (Form 12-SCC). However, a decision based on compromise shall not
be covered by the requirement of proof of receipt.
Sec.
26. Certification of documents. - All documents attached to the Statement of
Claim/ s or Response that are required to be certified, except public or official documents, shall
be certified by the signature of the plaintiff or defendant concerned.
Sec.
27. Non-applicability. - The rules on mediation and
judicial dispute resolution shall not apply, as the parties may enter into
compromise at any stage of the proceedings.
RULE V
EFFECTIVITY
The Rules on
Expedited Procedures in the First Level Courts shall take effect on Il April
2022 and shall prospectively apply only to cases filed from the said date of
effectivity. Those pending cases covered by these Rules, which are currently
before the second and first level courts, 
shall remain
with and be decided by those same courts based on the rules applicable
at the time those cases were filed. "
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