Pointers on Instituting Small Claims Cases

The Supreme Court has implemented a amended set of rules of procedure governing small claims cases.  Said amended rules applies only to the following all cases where the recoverable amount does not exceed Php100,000.00, which are:


 (a) purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect
of criminal actions, either filed before the institution of the criminal action, or reserved
upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules
Of Criminal Procedure.

These claims or demands may be:
(a) For money owed under any of the following:

1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;

(b) For damages arising from any of the following:

1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

(c) The enforcement of a barangay amicable settlement or an arbitration
award involving a money claim covered by this Rule pursuant to Sec. 417
1 SC En Banc Resolution dated October 27, 2009 in A.M. No. 08-8-7-SC
of Republic Act 7160, otherwise known as the Local Government Code of
1991.

A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim
(Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of
additional evidence.

No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.

Further, the 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 P100,000.00.


 Appearance of Parties

 The parties shall appear at the designated date of hearing personally.

Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer, and must be related to or next-of-kin of the individual-party. Juridical entities shall not be represented by a lawyer in any capacity. The representative must be authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.

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 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.





http://sc.judiciary.gov.ph/amended_small_claims.pdf