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SMALL CLAIMS AM 08-8-7-SC Rule IV - Coggle Diagram
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
RE-DOCKET
Also applies if filed under Summary/Regular
YES
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
1 more item...
if Df outside judicial region
1 more item...