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Salient Features of The Rules For Small Claims Cases
Salient Features of The Rules For Small Claims Cases
4. Grounds For dismissal of Small Claims Case are by the court motu proprio
are:
a. Non-Submission of the required affidavits
b. Non- payment of filing fees in case of denial of motion to sue as indigent
c. Any valid ground for dismissal of the case
d. Misinterpretation of plaintiff that he is not engaged in banking, lending
or similar business when in truth, he is so engaged
6. Within 10 days from receipt of summons, the defendant shall file with the
court and serve on plaintiff, a duly accomplished and verified Response,
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accompanied by certified photocopies of documents, affidavits of
defendant’s witnesses, and other supporting evidence.
Where defendant fails to file verified Response but appears on the day of
hearing, the court shall ascertain what defendant has to offer as defense and
proceed to hear and render judgment on the same day of hearing, as if
Response has been filed.
10. Personal appearances of plaintiff and defendant on the day of hearing are
required. Appearance of attorneys at the hearing is not allowed, unless the
attorney is either plaintiff or defendant
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11. Failure of plaintiff to appear on the day of hearing is a ground for dismissal
of Small Claims Case.
Presence of defendant, in the absence of plaintiff, is a ground for rendition
of judgment on permissive counterclaim.
12. After the hearing, the court shall render judgment based on the facts
proved by evidence within 24 hours from termination of hearing.
The judgment shall be immediately entered by the Clerk of Court in the court
docket for civil cases and copies thereof shall be sent to the parties.
13. The decision in Small Claims Case is final, executory and unappeable.
14. The Rules of Civil Procedure apply suppletorily insofar as they are not
inconsistent with the Rules of Procedure for Small Claims Cases.
The Judicial Affidavit Rule does not apply to Small Claims Cases.
15. Decision in Small Claims Case is reviewable by Petition for Certiorari under
Rule 65 with the Regional Trial Court.
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