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  • 2020-21 Bar Exams - Day 2 Notes - Part 1

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    Gemma F. Tiama
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    This document outlines the procedures for small claims cases in first level courts. Key points include: - Claims cannot exceed P400,000 for MeTCs or P300,000 for MTCCs exclusive of interest and costs. Relief is solely for monetary payment or reimbursement. - Parties must appear personally without legal representation unless the attorney is the plaintiff or defendant. Failure of the plaintiff or defendant to appear can result in dismissal or default judgment. - Decisions must be rendered within 24 hours of the hearing conclusion.

    Original Description:

    Notes on Small Claims based on the condensed syllabi for the 2020-21 Bar Exams.

    Original Title

    2020-21 Bar Exams - Day 2 Notes_Part 1

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    This document outlines the procedures for small claims cases in first level courts. Key points include: - Claims cannot exceed P400,000 for MeTCs or P300,000 for MTCCs exclusive of interest and costs. Relief is solely for monetary payment or reimbursement. - Parties must appear personally without legal representation unless the attorney is the plaintiff or defendant. Failure of the plaintiff or defendant to appear can result in dismissal or default judgment. - Decisions must be rendered within 24 hours of the hearing conclusion.

    Copyright:

    © All Rights Reserved
    Flag for inappropriate content
    25 views2 pages

    2020-21 Bar Exams - Day 2 Notes - Part 1

    Uploaded by

    Gemma F. Tiama
    This document outlines the procedures for small claims cases in first level courts. Key points include: - Claims cannot exceed P400,000 for MeTCs or P300,000 for MTCCs exclusive of interest and costs. Relief is solely for monetary payment or reimbursement. - Parties must appear personally without legal representation unless the attorney is the plaintiff or defendant. Failure of the plaintiff or defendant to appear can result in dismissal or default judgment. - Decisions must be rendered within 24 hours of the hearing conclusion.

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    © All Rights Reserved
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    of 2

    SMALL CLAIMS (i) A party may not be represented by a

    counsel and shall appear personally in


    (a) Procedure of actions before the first the hearing. No attorney shall appear in
    level courts for payment of money where behalf of any party in the hearing unless
    the value of claim does not exceed the attorney himself is the plaintiff or
    P400,000.00 for the MeTCs and defendant.
    P300,000.00 for the MTCCs exclusive of
    interests and costs. (j) Non-appearance of parties in the
    hearing
    (b) Relief prayed for is solely for payment or Non-appearance of the PLAINTIFF
    reimbursement of sum of money. Dismissal without Defendant
    prejudice entitled to
    (c) Case not covered by Small Claims but judgment on
    still cognizable by first level courts shall permissive
    not be dismissed but only redocketed counterclaim
    under appropriate procedure. Non-appearance of DEFENDANT
    Render judgment Shall not apply to
    (d) The plaintiff engaged in banking or on the same day other Defendants
    lending business shall state in his Small as may be who are sued in
    Claims such status and the number of warranted by the the same claim
    claims filed within the year. facts alleged in
    the Statement of
    (e) A party may join separate claims against Claims
    one defendant provided the total amount Non-appearance of BOTH
    claim does not exceed the P300,000.00 Dismissal with prejudice of both
    and P400,000.00. Statement of Claim and Counterclaim

    (f) In no case shall a party in a case of


    Small Claims be exempt from the (k) Decision shall be rendered within 24
    payment of P1,000.00 docket fee even if hours from termination of the hearing.
    declared indigent.

    (g) The failure of the defendant to file his


    counterclaim shall allow the court to
    render judgment as may be warranted
    by the facts of alleged in the Statement
    of Claims.

    (h) Prohibited pleadings in Small Claims:


    MTD
    BP
    MNT, MR, Reopening
    Petition for Relief from Judgment
    Extension
    Memoranda
    Certiorari, Mandamus, Prohibition
    Declare Defendant in Default
    Dilatory Motions
    Postponement (xpn: physical inability
    but only 1 postponement allowed)
    Reply, Rejoinder
    3rd Party Complains
    Interventions

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