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A. SCOPE AND APPLICABILITY OF THE RULE 3.

Enforcement of barangay amicable settlement or


arbitration reward involving money claim
Scope of Revised Rules Of Procedures for Small Claims Cases
- Actions before first level courts for payment of
money when the value does not exceed:
o 300,000 for MTCCs, MTCs, MCTCs
o 400,000 for METCs

Nature of cases under RRPSCC


- Actions purely civil in nature or solely for payment
or reimbursement of sum of money

Kinds of claims and demands under Small Claims Cases


1. Money owed under
a. Lease
b. Loan
c. Contract of services
d. Sale
e. Mortgage
2. Liquidated damages arising from contracts
B. COMMENCEMENT OF SMALL CLAIMS ACTIONS
RESPONSE

Commencement of small claims


- Filing with the court an accomplished and verified Effect if the case is not covered by RRPSCC but is still
Statement of Claim in duplicate with cognizable by first level courts
1. Certificate Against Forum Shopping, Splitting - Case shall not be dismissed but shall be redocketed
a Single Cause of Action and Multiplicity of under appropriate procedure and returned to the
Suits court where it was assigned, subject to the payment
2. 2 Duly Certified Photocopies of Actionable of appropriate filing fees.
Documents Subject of the Claim
3. Affidavits of Witnesses and other Evidence Additional requirement imposed upon the plaintiff if
to Support the Claim engaged in lending or banking business
- Plaintiff must state in the statement of claim the fact
Motu proprio dismissal of cases under RRPSCC of being engaged in the business of lending or
- Upon examination of allegations in the statement of banking and the number of small claims cases filed
claim and other evidence within the calendar year regardless of judicial
- Order of dismissal shall state if it is with or without station
prejudice. - If plaintiff misrepresents, the case shall be dismissed
with prejudice with additional sanctions
Rules on venue if plaintiff is engaged if plaintiff is engaged in - File the claim with a motion to sue as indigent which
the business of lending and banking shall be preferred to the executive judge for
- Where the branch is located immediate action

When may a party separate claims into one case? Effect if motion to sue as indigent is denied
- Provided that the total amount claimed does not - Plaintiff shall be given 5 days to pay the docket fees
exceed jurisdictional thresholds otherwise, claim shall be dismissed without
prejudice
May additional evidence be offered during the hearing.
- No. unless good cause is shown for admission of Effect if summons cannot be initially be served to the
additional evidence. defendant
- Court shall order plaintiff to cause service of
Rules with respect to the payment of filing fees summons and inform the court WON serve within
- Plaintiff shall payment docket and other legal fees 30 days from notice
unless allowed to litigate as an indigent - Statement of claim shall be dismissed without
- Even if party is indigent, he shall still pay 1,000 fee prejudice as to those with unserved summons
for service of summons and processes.
Response under RRPSCC
Filing of claims by indigent under RRPSCC - Defendant shall file and serve on the plaintiff a duly
accomplished and verified response within a non
extendable period of 10 days from receipt of
summons
- Response must be accompanied by certified
photocopies of documents as well as affidavits and
other evidence in support thereof
Filing of counterclaim in the response
1. If claim against the plaintiff is within the coverage of Dismissal of the claim on grounds not raised by the
this rule defendant
2. If it arise out of the same transaction or event that is - Court may dismiss by itself the case even if the
the subject matter of the plaintiff’s claim ground was not pleaded in the response if the
3. If it does not require joinder of third parties ground was ascertained during the hearing.
4. If it is not a subject matter of another pending action
Note: defendant may also file a counter claim that does not
arise out of the same transaction as long as it is within the
coverage of this rule

Effect if defendant fails to file response and fails to appear


on hearings
- Court shall render judgment on the same day based
on facts alleged in the statement of complaint.

Effect if defendant fails to file response but appears on the


hearing
- Court shall ascertain his or her defense and proceed
to hear or adjudicate the case on the same day as if
a response has been filed
C. PROHIBITED PLEADINGS AND MOTIONS

1. Motion to dismiss statement of claim


2. Motion for bill of particulars
3. MNT/MR/Motion for reopening of trial
4. Petition for relief from judgment
5. Motion for extension for time to file
6. Memoranda
7. Petition for CPM
8. Motion to declare defendant in default
9. Dilatory motions for postponement
10. Reply and rejoinder
11. Third party complaints
12. Interventions
Note: same for RRSP
D. APPEARANCES - If the court determines that party needs assistance,
the court may allow another individual who is not an
Appearance through representative attorney to assist the party upon the latter’s consent
- GR: Not allowed
- Party may not be represented by counsel but must
personally appear on the date of hearing Effect of non appearance of the plaintiff
- No attorney shall appear unless the attorney is the - Cause for dismissal without prejudice
party himself - Defendant who appears shall be entitled to
judgment on the permissive counterclaim
Requisites for party to appear through representative
1. Valid cause Effect if both parties fail to appear on hearing
2. Representative is not a lawyer - Dismissal with prejudice of the claim and
3. Representative is related or next of kin of the party counterclaim
4. SPA to enter into amicable settlement and to enter
stipulation of facts and documentary exhibits Effect of non appearance of defendant
Note: juridical entities may not be represented by a lawyer - Court shall render judgment on the same day based
in any capacity on facts on the statement of claim.

What may the court do if party to the hearing cannot


properly present his claim or defense
E. HEARING; DUTY OF THE JUDGE

As mediator
- At the hearing, judge shall first exert efforts to bring
parties to amicable settlement

Hearing proper
- If efforts at settlement fail, hearing shall
immediately proceed in informal and expeditious
manner and must not be terminated within the
same day.

Decision
- Within 24 hours from termination of hearing

Postponement of hearing
- Granted upon proof physical inability to appear
- Party may avail of one postponement
F. FINALITY OF JUDGMENT

Status of decisions rendered under RRPSCC


- Final executory and unappealable

MNT/MR/PFR
- Not allowed
- Prohibited motions/pleadings

Remedy of aggrieved party considering that the judgment is


unappealable
- Petition for review on certiorari under rule 65

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