Professional Documents
Culture Documents
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
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
MNT/MR/PFR
- Not allowed
- Prohibited motions/pleadings