FLOWCHART FOR SMALL CLAIMS BASED ON A.M. NO.

08-8-7-SC: THE 2016 REVISED RULES OF PROCEDURE FOR SMALL CLAIMS CASES

Filing an accomplished Payment of filing fees Court determines if the If no ground for dismissal is Returned without being
and verified statement under Rule 141 of the case falls under the found then the court shall served to the defendant,
of claim (Form 1-SCC) Rules of Court 2016 Revised Rules of issue Summons (Form 2-SCC) the court shall order the
Procedure for Small on the day of day of receipt of plaintiff to cause service of
Claims Cases the Claim, directing the summons and shall inform
defendant to submit a verified the court within 30 days
response from notice if said
summons was served or
Outright dismissal not
Defendant can file a If the case does not fall
counterclaim within under this Rule, but falls
the coverage of this under summary or
rule regular procedure, the Defendant has non extendible 10 Failure to
case shall not be days from receipt of summons to file a
dismissed. Instead, the file with the court and serve to Response
case shall be re-docketed plaintiff a duly accomplished and within the
under the appropriate verified Response. required
procedure, and returned period and
to the court where it was does not
assigned appear, the
Court shall
render
Parties shall appear at The court shall also issue Failure to file a judgement
the designated date a notice to both parties, Response within the on the
Judge shall exert all efforts to bring of hearing personally directing them to appear required period but same day,
parties to an amicable settlement. or through a before it on a specific appears in court, the as may be
representative date and time for court shall ascertain warranted
authorized under a hearing, with a warning their defense and use by the facts
SPA, a lawyer that no unjustified it as their Response, alleged in
CANNOT appear to postponement shall be court shall hear or the
represent the party allowed. adjudicate the case statement
on the same day. of claims
 NO SETTLMENT Court shall render Decision should
Judge shall exert all efforts to bring REACHED its decision within immediately be entered
parties to an amicable settlement. Hearing shall proceed in 24 HOURS FROM by the Clerk of Court in
an informal, expeditious TERMINATION of the court docket and a
manner and terminated the hearing, copy served to the
within the same day parties

SETTLED CASE
Judgement should be
reduced to writing,
signed by the parties Small claims case
and submitted to the decisions CANNOT be
court for approval appealed
 Failure of the plaintiff to appear shall
be cause for the dismissal of the
Statement of Claim/s without
prejudice.

Failure of both parties to appear

shall cause the dismissal with
Non Defendant who appears in the
prejudice of both the Statement of appearance absence of the plaintiff shall be
entitled to judgment on a permissive
Claim/s and the counterclaim. of parties counterclaim.

Failure of the defendant to appear shall

have the same effect as failure to file a
Response under Section 14 of this Rule.

EFFECT OF NON-APPEARANCE OF PARTIES IN SMALL CLAIMS CASES