SMALL CLAIMS
AM 08-8-7-SC
Rule IV
1. COMMENCEMENT
WHAT TO FILE [4]
- Statement of Claims, with Verification and Certification against
- Forum Shopping
- Splitting a Single COA
- Multiplicity of Suits
- Actionable Document
- Affidavits of Witnesses
Other evidence
For juridical entities: Board Reso/Sec Cert authorizing the person to file claim
If Pf engaged in lending, banking and similar activities, state in SOC:
- that
- number of small claims filed during calendar year
- consent to, and chosen mode of, and notice of e-filing, if applicable [11]
- Joinder of Claims [6] -- Pf may join several claims in 1 SOC, provided that total amount claimed does not exceed 1M
WHERE TO FILE [5]
- Regular rules on Venue [ROC Rule 4]
- If Pf lending etc and has a branch within city/mun where Df resides/holds business --> that city/mun
- if 2 or more Df --> city/mun of any Df, at option of Pf
Pay Filing Fees [8]
Court determines if case falls under Small Claims
NO
- under Summary or Regular Procedure
YES
RE-DOCKET
- Also applies if filed under Summary/Regular
Court determines if there are GROUNDS FOR OUTRIGHT DISMISSAL [9]
a. no jx over subj matter
b. litis pendentia
c. res judicata
d. prescription
e. no jx over person of Df
f. venue improperly laid
g. Pf no legal capacity to sue
h. SOC states no COA
i. a condition precedent for filing the claim has not been complied with
j. Pf failed to submit required affidavits, as prov in Sec 7
YES
DISMISS
NO
w/in 24hrs from receipt of SOC,
court issues SUMMONS and NOTICE OF HEARING [10]
SUMMONS
- directing Df to submit Verified Pleading
- with:
- SOc and docs submitted by Pf
- blank Response Form
- Notice of Hearing
NOTICE OF HEARING
- issued to both parties
- directing them to appear at hearing
- date of hearing
GR: not more than 30 c.days fr filing of SOC
XPN: if Df resides/holds bus outside judicial region, 60 c.days - express prohibition against filing of motion to dismiss or other prohibited motions under ROC Rule 2 Sec 2
within 10 days fr issuance
SERVICE OF SUMMONS [12]
who can serve:
- sheriff
- sheriff's deputy
- other proper court officer
- Pf*
within 5 days fr service, file with court
OFFICER'S RETURN
- with copy furnished to Pf
NOT SERVED
court orders Pf or rep to serve or cause service of summons
- if Pf juridical entity --> notify court name of authorized rep, attached w/ board reso/sec cert stating that rep is duly authorized to serve summons
if Df outside judicial region
within 30 days fr notice,
Pf informs court if Summons was served
NOT SERVED
DISMISSED WITHOUT PREJUDICE
as to those not served
- not a ground to archive case
- may be re-filed within 1 yr fr notice of dismissal
if Pf misrepresents that Df was served,
DISMISS WITH PREJUDICE
- nullify proceedings
- Pf indirect contempt + 5k fine
SERVED
10 days fr receipt of summons, non-extendible
Df's VERIFIED RESPONSE [13]
- filed with court and served on Pf
- with docs, affidavit of witness, other evid
- if not attached --> not allowed during hearing, unless with good cause
COUNTERCLAIM [15]
if at the time the action is commenced, Df possesses a claim against the plaintiff that:
a. is within the coverage of this Rule, exclusive of interests and costs
b. arises out of the same transaction or event that is the subject matter of the Pf's claim
c. does not require for its adjudication the joinder of 3rd parties, and
d. is not the subject of another pending action
if not filed as counterclaim in response, Df barred from suing on such counterclaim
Df may also file counterclaim against Pf that does not arise out of the same transaction or occurrence, prov amount and nature are within coverage of this Rule + docket/legal fees paid
amount pleaded in counterclaim in excess of 1M --> deemed waived
Df DID NOT FILE RESPONSE [14]
and did not appear at hearing
COURT RENDERS JUDGMENT
within 24hrs from termination of hearing
but appeared at hearing
- court ascertains what defense he has to offer, which shall constitute his Response
- court proceeds to hear case on same day
if Df relies on documentary evidence to support his defense
within 3 days from termination of hearing,
submit docs
COURT RENDERS JUDGMENT
within 24hrs from lapse of period to file
HEARING
Appearance [17]
- GR: parties shall appear personally
- XPN: through rep -- for valid cause, must not be a lawyer [18], authorized under SPA/board reso/sec cert to enter into amicable settlement and to enter into stipulations or admission sof facts and of documentary exhibits
Pf did not appear
DISMISSAL WITHOUT PREJUDICE [19]
Pf did not appear, Df appeared
Df entitled to JUDGMENT ON COUNTERCLAIM [19]
Df did not appear
same effect as failure to file response
- does not apply where 1 of multiple Dfs who are sued under a common COA and have pleaded a common defense appears at the hearing
both Pf and Df did not appear
DISMISSAL WITH PREJUDICE of SOC and counterclaim
Postponement of hearing [20]
- granted only upon proof of physical inability of party to appear
- party may avail of only 1 postponement
Amicable Settlement [22]
- at hearing, judge shall first exert efforts to bring parties to an amicable settlement of their disputes
- discussions conducted in strict confidentiality
settlement/resolution reduced in writing, signed by parties, immediately submitted to court for approval
within 24hrs,
COURT RENDERS JUDGMENT based on compromise agreement
- furnish copies to parties
if compromise agreement is submitted before or at hearing, signed by both parties but only 1 or neither appears to confirm it
court issues order directing non-appearing parties to confirm within 3 days fr notice. otw, deemed confirmed
if no settlement reached
court shall immediately proceed to hear the case and render JUDGMENT within 24hrs fr termination of hearing [22, 24]