2016 Revised Rules of Procedure for Small Claims Cases 65

Republic of the
Philippines Supreme
Court Manila

A.M. No. 08-8-7-SC

THE 2016 REVISED RULES

OF PROCEDURE FOR
SMALL CLAIMS CASES
EFFECTIVE FEBRUARY 1, 2016

MANILA, PHILIPPINES
JANUARY 2016
896 PHILIPPINE REPORTS

Page
2016 Revised Rules of Procedure for Small Claims Cases 1

TABLE OF CONTENTS

Page

Resolution ......................................................................................... 3-6

The 2016 Revised Rules of Procedure
for Small Claims Cases ............................................................. 7-15
Form 1-SCC – Statement of Claim ............................................... 16-23
Form 1-A-SCC – Verification and Certification
Against Non-Forum Shopping, Splitting a
Single Cause of Action and Multiplicity of Suits .................... 24-25
Form 2-SCC – Summons ............................................................. 26-27
Form 3-SCC – Response ............................................................. 28-31
Form 4-SCC – Notice of Hearing ................................................ 32-33
Form 5-SCC – Plaintiff’s Return/Manifestation ............................... 34
Form 5-A-SCC – Plaintiff’s Return/Manifestation
(Substituted Service) ................................................................... 35
Form 6-SCC – Motion to Plead as Indigent ................................. 36-37
Form 7-SCC – Special Power of Attorney ....................................... 38
Form 8-SCC – Joint Motion (for Dismissal) ................................ 39-40
Form 9-SCC – Motion for Approval of
Compromise Agreement ............................................................. 41
Form 10-SCC – Decision
(Based on Compromise Agreement) ..................................... 42-43
Form 11-SCC – Decision ............................................................. 44-45
2 A.M. No. 08-8-7-SC

Page

Form 12-SCC – Motion for Execution ......................................... 46-47

Comparative Study Between the 2008 Rules and
the 2016 Revised Rules ........................................................... 48-64
2016 Revised Rules of Procedure for Small Claims Cases 3

Republic of the
Philippines Supreme
Court Manila

A.M. No. 08-8-7-SC

THE RULES OF
PROCEDURE FOR SMALL
CLAIMS CASES

RESOLUTION

WHEREAS, after a two-year pilot test, on March 18, 2010, the

Rules of Procedure for Small Claims Cases was promulgated and
made effective to all first level courts nationwide;
WHEREAS, from the time the Rules of Procedure for Small
Claims Cases was implemented, it has been found to be an effective
tool in providing a simplified and inexpensive recourse for litigants to
assert their claims;
WHEREAS, due to its success, there is a need to introduce
amendments to the existing Rules to be more effective in reducing the
dockets of the first level courts, a wider coverage, and better access to
the courts by the underprivileged, among others;
WHEREAS, on August 11, 2015, the Special Committee on
Small Claims Cases (Committee) was created under Memorandum
Order No. 32-2015 to “review the existing Rules of Procedure for
Small Claims Cases to fulfill the Judiciary’s objective of expediting
trial and resolving cases effectively and efficiently.”

3
4 A.M. No. 08-8-7-SC

WHEREAS, the Committee is composed of the following:

Chairperson: Hon. Diosdado M. Peralta
Associate Justice, Supreme Court
Vice-Chairperson: Hon. Lucas P. Bersamin
Associate Justice, Supreme Court
Members: Hon. Martin S. Villarama, Jr.
Associate Justice, Supreme Court
Hon. Jose C. Mendoza
Associate Justice, Supreme Court
Hon. Estela M. Perlas-Bernabe
Associate Justice, Supreme Court
Hon. Jose Midas P. Marquez
Court Administrator, Supreme Court
Hon. Fernanda Lampas Peralta
Associate Justice, Court of Appeals
Hon. Jackie B. Crisologo-Saguisag
Metropolitan Trial Court, Makati City, Branch
67
Atty. Ma. Lourdes E.B. Oliveros
Office of the Chief Justice
Secretary: Atty. Jason J. Zapanta
Office of Associate Justice Diosdado M. Peralta
Assistant Secretary: Atty. Jilliane Joyce R. De Dumo
Office of the Chief Justice
WHEREAS, to aid the Committee in reviewing pending issues
on the Rules of Procedure for Small Claims Cases, a Technical
Working Group (TWG) was created as follows:
Chairperson: Hon. Fernanda Lampas Peralta
Associate Justice, Court of Appeals
Members: Hon. Jackie B. Crisologo-Saguisag
Metropolitan Trial Court, Makati City, Branch
67
Hon. Juris D. Dilinila-Callanta
Metropolitan Trial Court, Quezon City, Branch
42
 2016 Revised Rules of Procedure for Small Claims Cases 5

Hon. Maria Zoraida S. Zabat-Tuazon

Metropolitan Trial Court, Manila City, Branch 23
Atty. Joachim Florencio Q. Corsiga
Office of the Court Administrator
WHEREAS, the Committee and the TWG conducted several
consultative meetings, tackling issues such as the threshold amount,
causes of action, and venue, among others;
WHEREAS, on November 10, 2015, the Committee and the
TWG submitted its proposed “The Revised Rules of Procedure for
Small Claims Cases,” to protect and advance the constitutional rights
of persons to a speedy disposition of their cases, provide a simplified
and inexpensive procedure for the disposition of small claims cases,
and, introduce innovations and best practices for the benefit of the
underprivileged;
WHEREAS, acting on the recommendation of the Chairperson,
the Committee, and the TWG, submitting for the consideration and
approval of the Court the proposed “The Revised Rules of
Procedure for Small Claims Cases,” the Court resolved to
APPROVE the same.
The Revised Rules shall take effect on February 1, 2016
following its publication in two (2) newspapers of general circulation.
December 8, 2015.

MARIA LOURDES P. A.
SERENO
Chief Justice

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.

Associate Justice Associate Justice

On official leave
TERESITA J. LEONARDO-DE CASTRO ARTURO D. BRION
Associate Justice Associate Justice
6 A.M. No. 08-8-7-SC

DIOSDADO M. PERALTA LUCAS P.

BERSAMIN
Associate Justice Associate Justice

MARIANO C. DEL CASTILLO MARTIN S. VILLARAMA,

Associate Justice JR. Associate Justice

JOSE PORTUGAL PEREZ JOSE CATRAL MENDOZA

Associate Justice Associate Justice

BIENVENIDO L. ESTELA M. PERLAS-BER NABE

REYES
Associate Justice Associate Justice

MARVIC M.V.F. LEONEN F

A RANCIS H. JARDELEZ
Associate Justice Associate Justice
2016 Revised Rules of Procedure for Small Claims Cases 7

THE 2016 REVISED RULES OF

PROCEDURE FOR SMALL CLAIMS CASES
SECTION 1. Title.– These Rules shall be known as “The Revised
Rules of Procedure for Small Claims Cases.”
SEC. 2. Scope.– These Rules shall govern the procedure in
actions before the Metropolitan Trial Courts (MeTCs), Municipal
Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and
Municipal Circuit Trial Courts (MCTCs) for payment of money where
the value of the claim does not exceed Two Hundred Thousand Pesos
(P200,000.00) exclusive of interest and costs.
SEC. 3. Objectives
(a) To protect and advance the constitutional right of persons
to a speedy disposition of their cases;
(b) To provide a simplified and inexpensive procedure for the
disposition of small claims cases; and,
(c) To introduce innovations and best practices for the benefit
of the underprivileged.
SEC. 4. Definition of Terms.– For purposes of this Rule:
(a) Plaintiff refers to the party who initiated a small claims
action. The term includes a defendant who has filed a
counterclaim against plaintiff;
(b) Defendant is the party against whom the plaintiff has filed
a small claims action. The term includes a plaintiff against
whom a defendant has filed a claim, or a person who
replies to the claim;
(c) Person is an individual, corporation, partnership, limited
liability partnership, association, or other juridical entity
endowed with personality by law;
(d) Individual is a natural person;

7
 (e) Motion means a party’s request, written or oral, to the court
for an order or other action. It shall include an informal
written request to the court, such as a letter;
(f) Good cause means circumstances sufficient to justify the
requested order or other action, as determined by the judge;
and,
(g) Affidavit means a written statement or declaration of facts
that are sworn to or affirmed to be true.
SEC. 5. Applicability.– The Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall apply this Rule in all actions that
are purely civil in nature where the claim or relief prayed for by the
plaintiff is solely for payment or reimbursement of sum of money.
The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For liquidated damages arising from contracts;
(c) The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this
Rule pursuant to Sec. 417 of Republic Act 7160, otherwise
known as The Local Government Code of 1991.
SEC. 6. Commencement of Small Claims Action.– A small
claims action is commenced by filing with the court an accomplished
and verified Statement of Claim (Form 1-SCC) in duplicate,
accompanied by a Certification Against Forum Shopping, Splitting a
Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC),
and two (2) duly certified photocopies of the actionable document/s
subject of the claim, as well as the affidavits of witnesses and other
evidence to support the claim. No evidence shall be allowed during
the hearing which was not attached to or submitted together with the
Statement of Claim, unless good cause is shown for the admission of
additional evidence.
 The plaintiff must state in the Statement of Claim if he/she/it is
engaged in the business of lending, banking and similar activities, and
the number of small claims cases filed within the calendar year
regardless of judicial station.
No formal pleading, other than the Statement of Claim/s
described in this Rule, is necessary to initiate a small claims action.
SEC. 7. Venue.– The regular rules on venue shall apply.
However, if the plaintiff is engaged in the business of lending,
banking and similar activities, and has a branch within the municipality
or city where the defendant resides, the Statement of Claim/s shall be
filed where that branch is located.
SEC. 8. Joinder of Claims.– Plaintiff may join in a single
statement of claim one or more separate small claims against a
defendant provided that the total amount claimed, exclusive of interest
and costs, does not exceed Two Hundred Thousand Pesos
(P200,000.00).
SEC. 9. Affidavits.– The affidavits submitted under this Rule
shall state only facts of direct personal knowledge of the affiants or
based on authentic records, which are admissible in evidence.
A violation of this requirement shall subject the party, and the
counsel who assisted the party in the preparation of the affidavits, if
any, to appropriate disciplinary action. The inadmissible affidavit(s)
or portion(s) thereof shall be expunged from the record.
The non-submission of the required affidavits will cause the
immediate dismissal of the claim or counterclaim.
SEC. 10. Payment of Filing Fees.– The plaintiff shall pay the
docket and other legal fees prescribed under Rule 141 of the Revised
Rules of Court, unless allowed to litigate as an indigent. Exemption
from the payment of filing fees shall be granted only by the Supreme
Court.
However, if more than five (5) small claims are filed by one
party within the calendar year, regardless of the judicial station, an
additional filing fee of 500.00 shall be paid for every claim filed after
the fifth (5th) claim, and an additional 100.00 or a total of 600.00 for
every claim filed after the tenth (10th) claim, and another 100.00 or a
total of 700 for every claim filed after the fifteenth (15th) claim,
progressively and cumulatively.
 If the plaintiff is engaged in the business of banking, lending and
similar activities, the amount of filing and other legal fees shall be the
same as those applicable to cases filed under the regular rules.
A claim filed with a motion to sue as indigent (Form 6-SCC)
shall be referred to the Executive Judge for immediate action in case of
multi- sala courts. If the motion is granted by the Executive Judge,
the case shall be raffled off or assigned to the court designated to hear
small claims cases. If the motion is denied, the plaintiff shall be given
five (5) days within which to pay the docket fees, otherwise, the case
shall be dismissed without prejudice. In no case shall a party, even if
declared an indigent, be exempt from the payment of the P1,000.00
fee for service of summons and processes.
SEC. 11. Dismissal of the Claim.– After the court determines
that the case falls under these Rules, it may, from an examination of
the allegations of the Statement of Claim/s and such evidence attached
thereto, by itself, dismiss the case outright on any of the grounds for
the dismissal of the case. The order of dismissal shall state if it is with
or without prejudice.
If, during the hearing, the court is able to determine that there
exists a ground for dismissal of the Statement of Claim/s, the court
may, by itself, dismiss the case even if such ground is not pleaded in
the defendant’s Response.
If plaintiff misrepresents that he/she/ it is not engaged in the
business of banking, lending or similar activities when in fact he/she/it
is so engaged, the Statement of Claim/s shall be dismissed with
prejudice and plaintiff shall be meted the appropriate sanctions, such as
direct contempt.
However, if the case does not fall under this Rule, but falls under
summary or regular procedure, the case shall not be dismissed.
Instead, the case shall be re-docketed under the appropriate procedure,
and returned to the court where it was assigned, subject to payment of
any deficiency in the applicable regular rate of filing fees. If a case is
filed under the regular or summary procedure, but actually falls under
this Rule, the case shall be referred to the Executive Judge for
appropriate assignment.
SEC. 12. Summons and Notice of Hearing.– If no ground for
dismissal is found, the court shall forthwith issue Summons (Form 2-
SCC) on the day of receipt of the Statement of Claim/s, directing the
defendant to submit a verified Response.
The court shall also issue a Notice of Hearing (Form 4-SCC) to
both parties, directing them to appear before it on a specific date and
time for hearing, with a warning that no unjustified postponement
shall be allowed, as provided in Section 21 of this Rule.
The Summons to be served on the defendant shall be
accompanied by a copy of the Statement of Claim/s and documents
submitted by plaintiff, and a blank Response Form (Form 3-SCC) to
be accomplished by the defendant.
A Notice of Hearing shall accompany the Summons and shall
contain: (a) the date of the hearing, which shall not be more than thirty
(30) days from the filing of the Statement of Claim/s; and (b) the
express prohibition against the filing of a motion to dismiss or any
other motion under Section 16 of this Rule.
If Summons is returned without being served on any or all of the
defendants, the court shall order the plaintiff to cause the service of
summons and shall inform the court within thirty (30) days from
notice if said summons was served or not; otherwise, the Statement of
Claim/ s shall be dismissed without prejudice as to those who were
not served with summons.
SEC. 13. Response.– The defendant shall file with the court and
serve on the plaintiff a duly accomplished and verified Response
within a non-extendible period of ten (10) days from receipt of
summons. The Response shall be accompanied by certified
photocopies of documents, as well as affidavits of witnesses and other
evidence in support thereof. No evidence shall be allowed during the
hearing which was not attached to or submitted together with the
Response, unless good cause is shown for the admission of additional
evidence.
SEC. 14. Effect of Failure to File Response.– Should the
defendant fail to file his/her/its Response within the required period,
and likewise fail to appear on the date set for hearing, the court shall
render judgment on the same day, as may be warranted by the facts
alleged in the Statement of Claim/s.
 Should the defendant fail to file his/her/its Response within the
required period but appears on the date set for hearing, the court shall
ascertain what defense he/she/it has to offer which shall constitute his/
her/its Response, and proceed to hear or adjudicate the case on the
same day as if a Response has been filed.
SEC. 15. Counterclaims Within the Coverage of this Rule.– If
at the time the action is commenced, the defendant possesses a claim
against the plaintiff that (a) is within the coverage of this Rule,
exclusive of interest and costs; (b) arises out of the same transaction or
event that is the subject matter of the plaintiff’s claim; (c) does not
require for its adjudication the joinder of third parties; and (d) is not
the subject of another pending action, the claim shall be filed as a
counterclaim in the Response; otherwise, the defendant shall be barred
from suing on the counterclaim.
The defendant may also elect to file a counterclaim against the
plaintiff that does not arise out of the same transaction or occurrence,
provided that the amount and nature thereof are within the coverage of
this Rule and the prescribed docket and other legal fees are paid.
SEC. 16. Prohibited Pleadings and Motions.– The following
pleadings, motions, or petitions shall not be allowed in the cases
covered by this Rule:
(a) Motion to dismiss the Statement of Claim/s;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment,
or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or
any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against
any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
 (j) Reply and rejoinder;
(k) Third-party complaints; and
(l) Interventions.
S EC . 17. Availability of Forms; Assistance by
Court Personnel.– The Clerk of Court or other court personnel shall
provide such assistance as may be requested by a plaintiff or a
defendant regarding the availability of forms and other information
about the coverage, requirements as well as procedure for small
claims cases.
SEC. 18. Appearance.– The parties shall personally appear on
the designated date of hearing.
Appearance through a representative must be for a valid cause.
The representative of an individual-party must not be a lawyer, and
must be related to or next-of-kin of the individual-party. Juridical
entities shall not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of
Attorney (Form 7-SCC) to enter into an amicable settlement of the
dispute and to enter into stipulations or admissions of facts and of
documentary exhibits.
SEC. 19. Appearance of Attorneys Not Allowed.– No attorney
shall appear in behalf of or represent a party at the hearing, unless the
attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present
his/her claim or defense and needs assistance, the court may, in its
discretion, allow another individual who is not an attorney to assist
that party upon the latter’s consent.
SEC. 20. Non-appearance of Parties.– Failure of the plaintiff to
appear shall be cause for the dismissal of the Statement of Claim/s
without prejudice. The defendant who appears in the absence of the
plaintiff shall be entitled to judgment on a permissive counterclaim.
Failure of the defendant to appear shall have the same effect as
failure to file a Response under Section 14 of this Rule. This shall not
apply where one of two or more defendants who are sued under a
common cause of action and have pleaded a common defense appears
at the hearing.
 Failure of both parties to appear shall cause the dismissal with
prejudice of both the Statement of Claim/s and the counterclaim.
S EC . 21. Postponement When Allowed .– A request
for postponement of a hearing may be granted only upon proof of the
physical inability of the party to appear before the court on the
scheduled date and time. A party may avail of only one (1)
postponement.
SEC. 22. Duty of the Court.– At the beginning of the court
session, the judge shall read aloud a short statement explaining the
nature, purpose and the rule of procedure of small claims cases.
SEC. 23. Hearing.– At the hearing, the judge shall first exert
efforts to bring the parties to an amicable settlement of their dispute.
If efforts at settlement fail, the hearing shall immediately proceed in
an informal and expeditious manner and be terminated within the same
day.
Any settlement (Form 8-SCC) or resolution of the dispute shall
be reduced into writing, signed by the parties and submitted to the
court for approval (Form 9-SCC and Form 10-SCC).
SEC. 24. Decision.– After the hearing, the court shall render its
decision based on the facts established by the evidence (Form 11-
SCC), within twenty-four (24) hours from termination of the hearing.
The decision shall immediately be entered by the Clerk of Court in the
court docket for civil cases and a copy thereof forthwith served on the
parties.
The decision shall be final, executory and unappealable.
SEC. 25. Execution.– When the decision is rendered, execution
shall issue upon motion (Form 12-SCC) of the winning party.
SEC. 26. Certification of documents.– All documents attached
to the Statement of Claim/s or Response that are required to be
certified, except public or official documents, shall be certified by the
signature of the plaintiff or defendant concerned.
SEC. 27. Applicability of the Rules of Civil Procedure.– The
Rules of Civil Procedure shall apply suppletorily insofar as they are
not inconsistent with this Rule.
SEC. 28. Non-applicability.– The rules on mediation/judicial
dispute resolution shall not apply, inasmuch as the parties may enter
into compromise at any stage of the proceedings.
 SEC. 29. Effectivity.– These Revised Rules shall take effect on
February 1, 2016 following their publication in two newspapers of
general circulation. They shall govern all cases filed after their
effectivity, and also all pending proceedings, except to the extent that
in the opinion of the court, their application would not be feasible or
would work injustice, in which case the procedure under which the
cases were filed shall govern.

SMALL CLAIMS STANDARD FORMS

The following forms shall be used. Substantial compliance

there- with shall be sufficient.

(See attached forms)

FORM 1-SCC

REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________

__________________________,
Plaintiff,
vs. Civil Case No.
For: _______________________

__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - x

STATEMENT
OFCLAIM
(HABLA NG PAGSINGIL)

1. The personal circumstances of the parties are as follows:

(Ang bawat panig ay ang mga sumusunod)

NAME OF PLAINTIFF/S SEX AGE CIVIL STATUS

(Pangalan ng Naghahabla) (Kasarian) (Edad) (Katayuang Sibil)
(Put a check on any of the following)
(Pumili sa mga sumusunod at lagyan ng tsek)

INDIVIDUAL CORPORATION PARTNERSHI

(Tao/Indibidwal) (Korporasyon) P (Bakasan)
COOPERATIVE SOLE PROPRIETORSHIP
(Kooperatiba) (Solong Pagmamay-ari)
NATURE OF
BUSINESS: (Uri ng
Negosyo)

BANKING LENDING
(Bangko) (Pagpapautang)
OTHERS/PLEASE INDICATE
(Iba pang uri ng negosyo)

PLAINTIFF’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Naghahabla)
(City)
(Lungsod) Zip Code
(Province, if applicable) ________
(Lalawigan, kung meron) Zip Code
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

NAME OF PLAINTIFF’S
REPRESENTATIVE:
____________________________
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
(kung meron) [dapat hindi abogado]

HOME ADDRESS: (City)

(Pahatirang Sulat sa Bahay) (Lungsod) Zip Code

(Province, if applicable)
(Lalawigan, kung meron) Zip Code
 Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

_______________________ ______ ______ _____________

NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)

INDIVIDUAL CORPORATION PARTN

(Tao/Indibidwal) (Korporasyon) P(Bakasa

COOPERATIVE SOLE PROPRIETORSHIP

(Kooperatiba) (Solong Pagmamay-ari)

DEFENDANT’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Hinahabla)

(City)
(Lungsod) Zip Code
(Province, if applicable) ________
(Lalawigan, kung meron) Zip Code
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)
NAME OF DEFENDANT’S REPRESENTATIVE:
________________________________
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
(kung meron) [dapat hindi abogado]

HOME ADDRESS: (City)

(Pahatirang Sulat sa Bahay) (Lungsod) Zip Code
(Province, if applicable) ________
(Lalawigan, kung meron) Zip Code
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

If more than one (1) defendant, list next defendant here:

(Kung higit sa isa (1) ang Hinahabla, ilagay ang susunod na hinahabla
rito:)
_______________________ ______ ______ _____________
NAME OF DEFENDANT/S SEX AGE CIVIL STATUS
(Pangalan ng Hinahabla) (Kasarian) (Edad) (Katayuang Sibil)

INDIVIDUAL CORPORATION PARTN

(Tao/Indibidwal) (Korporasyon) P(Bakasa

COOPERATIVE SOLE PROPRIETORSHIP

(Kooperatiba) (Solong Pagmamay-ari)

DEFENDANT’S HOME ADDRESS:

(Pahatirang Sulat sa Bahay ng Hinahabla)

(City)
(Lungsod) Zip Code
 (Province, if applicable) ________
(Lalawigan, kung meron) Zip Code
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

NAME OF DEFENDANT’S REPRESENTATIVE:

__________________________________
if applicable (must be a non-lawyer)
(Pangalan ng Kinatawan:)
(kung meron) [dapat hindi abogado]

HOME ADDRESS: (City)

(Pahatirang Sulat sa Bahay) (Lungsod) Zip Code
(Province, if applicable) ________
(Lalawigan, kung meron) Zip Code
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

PLACE OF WORK:
(Lugar ng Pinagtatrabahuan)
Telephone No. Cellphone No.
(Telepono Blg.) (Selpon Blg.)

*Note: If you need more space, you can write at the back of this Form.
(*Tala: Kung kailangan mo ng karagdagang patlang, maaari mong isulat
sa likod ng Form na ito.)
2. Plaintiff claims the defendant owes him/her/it
P________________________.
(Ang Hinahabla ay umutang sa Naghahabla ng halagang)

(a) Why does the defendant owe plaintiff money?

(Bakit ang Hinahabla ay nagkautang ng salapi sa Naghahabla?)
____________________________________________________
___________________________________________________.
(If you need more space, please use the back page). (Kung kailangan
mo ng karagdagang patlang, maaaring gamitin ang likod ng
pahinang ito.)

(b) When did this happen?

(Kailan ito nangyari?)
Date:
(Petsa)

If no specific date, give the time period:

(Kung walang tiyak na petsa, ibigay ang tantiyang panahon)
Date started: _______________________
(Petsa nagsimula)
Through: _______________________
(Hanggang)

(c) How did you compute the money owed to you? (Do not include
court costs or fees)
___________________________________________________.
(Paano mo kinuwenta ang salaping inutang sa iyo?) [Hindi kasama
ang bayad sa pagpapatala sa hukuman.]

3. (a) Did you ask the defendant to pay you before you filed this case?
(Siningil mo ba ang Hinahabla bago ka nagsampa ng kasong ito?)

Yes No
(Oo) (Hindi)

If no, explain:
________________________________________________
(Kung hindi, ipaliwanag)
 (b) How did you ask the defendant?
Paano mo siningil ang Hinahabla?)

In person By phone
(Sa kanya mismo) (Sa telepono)
In writing Others (please specify)
(Sa sulat) (Iba pa) [pakisulat kung paano]

(c) When did you do this?

_________________________________________
(Kailan mo ginawa ito?)

4. What is your proof that defendant owes you money?

________________________
(Ano ang iyong katibayan o pruweba na ang Hinahabla ay may utang na
salapi sa iyo?)

5. Did you attach your proof to this form?

(Iyo bang inilakip ang katibayan o pruweba sa Form na ito?)
Yes No
(Oo (Hindi)
6. Was this claim referred to the barangay?
(Dumaan ba sa barangay ang paniningil na ito?)
Yes No Not Covered
(Oo) (Hindi) (Hindi sakop)

State reason:
_________________________________________________
(Isulat ang dahilan)
If yes, do you have a Certificate to File Action or a Compromise
Agreement executed before the barangay?
(Kung oo, meron ka bang Patunay sa Pagsampa ng Kaso o Kasunduan
na isinagawa sa barangay?)

6-A. How many small claims cases have you filed within this
calendar year prior to this present case, in this court station and
in the entire country:
(Pang ilang kaso na itong isinampa mo sa loob ng kasalakuyang
taon sa korte na ito at sa buong bansa?)
7. By the filing of this action, plaintiff hereby waives any amount in excess
of P200,000.00, excluding interest and costs.
(Sa pagsampa ng kasong ito, ang Naghahabla ay isinusuko ang
anumang halaga na higit sa P200,000.00, hindi kasama ang tubo at
gastos sa pagsampa ng kasong ito.)

PRAYER
(PAGSAMO)

WHEREFORE, plaintiff respectfully prays for judgment ordering

defen- dant to pay the amount of P ____________, with interest at the
rate of
% per annum/per month from until fully paid.

(DAHIL DITO, ang Naghahabla ay magalang na sumasamo na igawad

ang kapasiyahang utusan ang Hinahabla na magbayad sa Naghahabla ng
halagang P_____________, pati ang tubo na ______% bawat taon/
buwan simula hanggang ganap o lubos na mabayaran
ito.) __________________________________, ____________, 20___.

______________________
FOR OFFICIAL USE ONLY PLAINTIFF
(Para sa Opisyal na gamit lamang)
- To be accomplished by the Branch Clerk of (Naghahabla)
Court-
(Sasagutan ng Kawani ng Hukuman)

1 . Cause of action
Check
Promissory Note
Contract
Oral Written
Barangay Agreement
Others (Please specify):
_________________________________ .

2 . _____ Barangay conciliation required.

If yes, _____ Certificate to File Action
_ _ _ _ _ Compromise
Agreement attached.
_____ Barangay conciliation not required.
Please state the reason):
________________________________________.
FORM 1-A-SCC

VERIFICATIONAND
CERTIFICATIONAGAINST NON-FORUM
SHOPPING, SPLITTINGASINGLE CAUSE
OFACTION AND MULTIPLICITY OF SUITS

I, ANGELICA P. BALINO-LIRAG, of legal age, Filipino,

married and with address at Unit 201 2/F LILI Building, No. 110 Malakas St.,
Brgy. Central, Diliman, Quezon City, metro Manila

on oath, state:

1. That I am the Managing Partner of the Plaintiff (BALINO-LIRAG &

SIMPLICIANO LAW OFFICES) in the above-entitled case and have
caused this STATEMENT OF CLAIM
to be prepared; that I read and understood its contents which are true
and correct of my own personal knowledge and/or based on true
records;

2. That I have not commenced any action or proceeding involving the same
issue or subject matter, and specifically the same check/s in the Supreme
Court, the Court of Appeals or any other tribunal or agency, particularly
before the Office of the City Prosecutor of Quezon City, Metro Manila;
that to the best of my knowledge, no such action or proceeding is
pending in the Supreme Court, the Court of Appeals or any other
tribunal or agency, and that, if I should learn thereafter that a similar
action or proceeding has been filed or is pending before these courts or
tribunal or agency, I undertake to report that fact to the Court within five
(5) days therefrom.

3. That the filing of this case is not in violation of the rule against splitting
a single cause of action or multiplicity of suits.

4. That I knowingly and voluntarily waive and forego the institution of any
criminal complaint for Violation of Batas Pambansa Blg. 22 against the
defendant herein based on the same check/s subject matter of this Small
Claims Complaint.
 IN WITNESS WHEREOF, I have hereunto set my hand this day of
25th 2022

ANGELICA P. BALINO-
LIRAG
Affiant

SUBSCRIBED AND SWORN to before me this day of

May 2022 in Quezon City, Metro Manila.

______________________
NOTARY PUBLIC

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2022.
2016
26 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
26

FORM 2-
SCC

REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________

_____________________________,
Plaintiff,
vs. Civil Case No.
For: _______________________

_____________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

SUMMONS
TO: _________________________
_____________________________
_____________________________

GREETINGS:

You are hereby required, within ten (10) days from receipt of this Sum-
mons, to file with this Court and serve on plaintiff, your verified Response to
the attached Statement of Claim. The form of the required Response is
attached hereto.
You are required to submit with your Response certified copies of
docu- ments as well as affidavits of any witness to stand as your evidence in
this case. You must present the original document/s on the day of hearing.
A motion to dismiss is prohibited and shall not be entertained. Any
ground for dismissal should be included in your Response. Likewise,
motions for bill of particulars and for extension to file pleadings, affidavits or
any other paper are prohibited.
Your failure to respond within the 10-day period AND TO APPEAR
AT THE HEARING OF THIS CASE will authorize the Court to render
judgment.
2016
27 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
27

FORM 2-
SCC
Witness my hand under the seal of this Court, this _______day of
, 20 , at , Philippines.

_________________________
BRANCH CLERK OF COURT

NOTE: FOR INQUIRIES, CALL TEL. #

2016
28 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
28

FORM 3-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________

_____________________________,
Plaintiff,
vs. Civil Case No.
For: _______________________

_____________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -
- -x

RESPONSE
(SAGOT)

Defendant/s state/s:

(Ang Hinahabla ay nagsasaad:)

1. Defendant denies the Statement of Claim for any of the following

reasons: (Put a check in any of the following)
(Tinatanggihan ng Hinahabla ang Habla ng Pagsingil sa alinmang
sumusunod na dahilan): [Pumili sa mga sumusunod at lagyan ng tsek]

(a) ____ Defendant does not owe plaintiff any money.

(Ang Hinahabla ay walang pagkakautang na salapi sa
Naghahabla.)
____ Defendant owes plaintiff only a portion of the amount
claimed. (Ang utang ng Hinahabla ay bahagi lamang ng
halagang sinisingil ng Naghahabla.)
2016
29 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
29

FORM 3-
SCC
____ It is the plaintiff who owes defendant money.
(Ang Naghahabla ang siyang may utang na salapi sa
Hinahabla.)
(b) If defendant owes plaintiff only a portion of the amount claimed,
how much is this?
(Kung ang utang ng Hinahabla ay bahagi lamang ng halagang
sinisingil ng Naghahabla, magkano ito?)
_________________________________________________.
_________________________________________________.

(c) If it is the plaintiff who owes defendant money, how much and
when did this happen?
(Kung ang Naghahabla ang siyang may utang na salapi sa
Hinahabla, magkano at kailan ito nangyari?)
_________________________________________________.
_________________________________________________.
If no specific date, estimate the time period:
(Kung walang tiyak na petsa, ibigay ang tantiyang panahon)
Date started _______________
(Petsa nagsimula)
Through__________________
(Hanggang)

(d) How did you compute the money owed you? (Do not include court
costs or fees for service.)
(Paano mo kinuwenta ang salaping pagkakautang sa iyo?) (Huwag
isama ang filing fees at bayad sa serbisyo.)
_________________________________________________.
_________________________________________________.

2. If plaintiff owes you money, did you ask plaintiff to pay you?
(Kung ang Naghahabla ay siyang may pagkakautang sa iyo, siningil mo
ba siya?)
Yes No
(Oo) (Hindi)

If yes, how?
(Kung oo, paano?)
2016
30 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
30

____ In person Others (specify)

(Sa kanya mismo) (Iba pa) [ano ito?]
____ In writing
(Sa sulat)
____ By phone
(Sa telepono)
3. Do you have any proof? Yes No
(Meron ka bang anumang katibayan?) (Oo) (Hindi)

What is this proof? _____ Receipt

(Anong katibayan ito?) Resibo)
_____ Other document
(Iba pang dokumento)
_____ Witness
(Saksi/testigo)

4. As the Statement of Claim is baseless, defendant is entitled to the

following counterclaims:
(Sa dahilang walang basehan ang Habla ng Pagsingil, ang Hinahabla
ay may karapatan sa mga ganting-habol na sumusunod)

____ Actual Damages for the value of the loss suffered by the filing of
the case P .
(Bayad para sa aktwal na pinsalang idinulot ng pagsampa ng
kaso)

____ Costs of suit for the money defendant spent in filing a

countercharge against plaintiff P .
(Kabayaran/Gastos sa kasong isinampa)

________________________
DEFENDANT (Hinahabla)
 VERIFICATION AND CERTIFICATION AGAINST NON-
FORUM SHOPPING, SPLITTING A SINGLE CAUSE OF
ACTION AND MULTIPLICITY OF SUITS
(if with permissive counterclaim)

(PAGPAPATOTOO O PAGPAPATUNAY NA WALANG IBANG

KASONG NAKASAMPA/NAKABINBIN SA IBANG
HUKUMAN) (kapag may ganting habol na pinahihintulutan)
2016
32 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
32

FORM 4-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,
vs. Civil Case No.
For:
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

NOTICE OF
HEARING
(ABISO NG PAGDINIG)

YOUR CASE IS SET for hearing before the Presiding Judge of this
Court on _______________________ at _______________.

(Ang inyong kaso ay diringgin ng Pinunong Hukom ng Hukumang ito

sa _______________________________, sa ganap na _________.)

YOU MUST ATTEND THE HEARING. IF YOU CANNOT

ATTEND BECAUSE IT IS PHYSICALLY IMPOSSIBLE FOR YOU TO DO
SO, YOU MAY AUTHORIZE A REPRESENTATIVE WHO IS NOT A
LAWYER TO APPEAR FOR YOU. FOR THIS PURPOSE YOU SHOULD
FILL UP FORM 5-SCC (SPECIAL POWER OF ATTORNEY).

(KINAKAILANGAN NINYONG DUMALO SA PAGDINIG. KUNG

HINDI KAYA NG KATAWAN NINYO ANG PAGDALO NANG PERSONAL SA
PAGDINIG NG IYONG KASO, MAAARI KANG MAGPADALA NG IYONG
KINATAWAN NA HINDI ABOGADO SA PAGDINIG. SA GANITONG
LAYUNIN, PUNUAN NINYO ANG FORM 5-SCC [NATATANGING GAWAD-
KAPANGYARIHAN - SPECIAL POWER OF ATTORNEY.])
2016
33 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
33

FORM 4-
SCC
WITNESS the HON.______________________________________,
REPUBLIC OF THE
Presiding Judge of this Court, this ____ day of ________________,
PHILIPPINES
20 , at _______________________________
_______________________________
__________________________, Philippines.
_______________________________
__________________________________,
(Saksi si Kgg. __________________________________________,
Plaintiff,
Pinunong Hukom ng Hukumang ito, ngayong ____________________,
20 dito sa , Pilipinas.)

Branch Clerk of Court

(Sangay na Kawani ng Hukuman)

NOTE: FOR INQUIRIES, CALL TEL. #

(Tala: Para sa katanungan, tumawag sa Korte sa Tel. Blg. )
2016
34 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
34

FORM 5-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,

vs. Civil Case No.

For:

__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PLAINTIFF’S RETURN/MANIFESTATION

This is to certify that on (date) and (date) ,

the undersigned tried to serve the Summons, Statement of Claim,
together with the Annexes and Notice of Hearing upon the
defendant/s name/s of defendant/s , but failed and unavailing on the
ground that the said defendant/s was/were not around during the time of
service.
However, on (date) , the Summons, Statement of Claims,
Annexes thereto and Notice of Hearing were served personally to
(name of defendant who received) , as shown by her/his signature
appearing at the lower portion of the summons.

WHEREFORE, the original copy of the Summons is respectfully

returned to the Honorable Court, DULY SERVED PERSONALLY.

, Philippines, (date).

_____________________
PLAINTIFF
2016
35 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
35

FORM 5-
SCC
FORM 5-A-SCC REPUBLIC OF THE
PHILIPPINES
REPUBLIC OF THE
_______________________________
PHILIPPINES
_______________________________
_______________________________
_______________________________
_______________________________
__________________________________,
_______________________________
Plaintiff,

__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

PLAINTIFF’S RETURN/MANIFESTATION

This is to certify that on (date) and (date) , the

undersigned tried to serve the Summons, Statement of Claim, together with
the Annexes and Notice of Hearing upon the defendant/s name/s of
defendant/s , but failed and unavailing on the ground that the said
defendant/s was/were not around during the time of service.
However, on (date) , the Summons, Statement of Claims,
Annexes thereto and Notice of Hearing were served through (name of
person who received) , who introduced himself/herself as a (relationship
of the person to the defendant/s), a person of suitable age and discretion,
residing therein, who signed at the lower portion of the summons.

Substituted service was made after the undersigned exerted earnest

efforts to serve the Summons, together with the Statement of Claim, Annexes
thereto and the Notice of Hearing personally upon the defendant, which
proved futile.

WHEREFORE, the original copy of the Summons is respectfully

returned to the Honorable Court, DULY SERVED.

, Philippines, (date).

_____________________
PLAINTIFF
2016
36 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
36

FORM 6-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION TO PLEAD AS INDIGENT

_____________________, unto this Honorable Court, respectfully

alleges that:

1. I am a resident of ;

2. My gross income and that of my immediate family does not

exceed __________________;

3. I do not own real property with an assessed value of more than

(amount as provided in the Revised Rules of Court, as amended) as shown by
the attached Certification issued by the Office of the City/Municipal
Assessor and the City/Municipal Treasurer’s Office;

4. Due to financial constraint, I cannot afford to pay for the expenses

of a court litigation as I do not have enough funds for food, shelter and other
basic necessities;

5. Should the court render judgment in my favor, the amount of the

docket and other legal fees which I was exempted from paying shall be a lien
on the judgment, unless the court orders otherwise.
2016
37 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
37

FORM 6-
SCC
WHEREFORE, premises considered,
REPUBLIC OF it is respectfully prayed that I be
THE
exempted from the payment PHILIPPINES
of docket and other legal fees as indigent
pursuant to Section 21, Rule 3, in relation to Section 18, Rule 141 of the
_______________________________
Revised Rules of Court.
_______________________________
Other reliefs just and equitable under the premises are likewise prayed
for. _______________________________
__________________________________,
Plaintiff,
______________________
PLAINTIFF
2016
38 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
38

FORM 8-
7-
SCC
SPECIAL POWEROF
REPUBLIC OFATTORNEY
THE
PHILIPPINES
KNOW ALL _______________________________
MEN BY THESE
PRESENTS: _______________________________
_______________________________
I, __________________________________, of legal age, single/
__________________________________,
married, with residence Plaintiff, at ______________________________
do hereby appoint, name and constitute __________________________,
likewise vs. of legal age, single/married, with
Civil Case No. residence
at For: _______________
__________________________________, , who is related to me and/or is my
next- of-kin, and is not a lawyer, as my true and legal representative to act for
Defendant.
and
x- - -in- -my
- - name
- - - - -and
- - -stead
- - - -and
- - -to- -represent
- - - - -x me during the hearing of Civil
Case No. , to enter into amicable settlement, to submit to
alternative modes of dispute resolution and to make admissions or
stipulations of facts and documents without further consultation from me.

I hereby grant my representative full power and authority to execute

and perform every act necessary to render effective the power to compromise
as though I myself have so performed it and hereby approving all that he may
do by virtue of these presents.

In witness whereof, I hereunto set my hand this day

of ______________, 20______, at ______________________________.

Principal

Agent

Witnesses: _________________ ________________________

(ACKNOWLEDGMENT)
2016
39 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
39

FORM 8-
7-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

JOINT MOTION
(FOR
DISMISSAL)
Plaintiff and defendant, unto this Honorable Court, respectfully allege
that:

1. Plaintiff and defendant have mutually and voluntarily settled their

claim and counterclaim to the entire satisfaction of each other; and

2. The parties no longer have a cause of action against each other.

WHEREFORE, premises considered, plaintiff and defendant

respectfully
pray that the plaintiff ’s statement of claim and defendant’s counterclaim
incorporated in his response be dismissed.
Other reliefs just and equitable under the premises are likewise prayed
for.
(place) , (date) .

Plaintiff Defendant
40 Revised Rules of Procedure for Small Claims
2016 A.M. No.
Cases
08-8-7-SC
40

FORM 9-
SCC
To the Branch Clerk of Court:
REPUBLIC OF THE
PHILIPPINES
Please submit the foregoing motion for the consideration of the Court
_______________________________
without hearing and further argument from the parties.
_______________________________
_______________________________
__________________________________,
Plaintiff Defendant
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
40 Revised Rules of Procedure for Small Claims
2016 A.M. No.
Cases
08-8-7-SC
41

FORM 9-
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FORAPPROVAL OF COMPROMISEAGREEMENT

The parties respectfully allege that:

1. Plaintiff filed this claim against defendant for:

collection of sum of money

liquidated damages
enforcement of barangay agreement

2. The parties have come to an amicable settlement and have executed

a compromise agreement with the following terms and conditions.

(copy terms and condition here)

3. The parties agree that the approval of this agreement by the Court
shall put an end to this litigation, except for purposes of execution in case of
default.

WHEREFORE, premises considered, the parties respectfully pray that

the court approve this agreement and render judgment on the basis thereof.

(place) , (date) .

Plaintiff Defendant
42 Revised Rules of Procedure for Small Claims
2016 A.M. No.
Cases
08-8-7-SC
42

FORM 10-SCC

REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

DECISION
(BASED ON
COMPROMISEAGREEMENT)

Plaintiff filed this case against defendant for

in the amount of .

Defendant denied plaintiff’s claim on the ground of

and set up a counterclaim for .

The parties, however, reached an amicable settlement and submitted to

the court a compromise agreement, the terms and conditions of which are as
follows:

(terms and condition here)

It appearing that the agreement is not contrary to law, morals, good

customs, public moral and public policy, and pursuant to Articles 2028 and
2037 of the Civil Code of the Philippines, the same is hereby APPROVED
and ADOPTED as the Decision of this court.

The parties are hereby ordered to faithfully comply with the terms and
conditions of the agreement.
42 Revised Rules of Procedure for Small Claims
2016 A.M. No.
Cases
08-8-7-SC
43

WHEREFORE, judgment is hereby rendered approving the

Compromise Agreement and the parties are ordered to comply with the terms
and conditions, as follows:

(The judge should define the rights and obligations

of the parties under the judgment approving the
Compromise Agreement to be enforced by a Writ of
Execution.)

SO ORDERED.

(place) , (date) .

Presiding Judge
2016
44 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
44

FORM 11–
SCC
REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________
(Title) (Case Number)

DECISION

This is a small claims action for (state which of the claims or demands
below is the subject of the action filed):
[For money owed under any of the following:
1. Contract of lease
2. Contract of loan
3. Contract of services
4. Contract of sale
5. Contract of mortgage; or
For liquidated damages arising from contracts;
The enforcement of a barangay amicable settlement or an arbitration
award involving a money claim covered by this Rule pursuant to
Section 417 of Republic Act 7160, otherwise known as The Local
Government Code of 1991.]
Plaintiff alleges that (state material allegations and prayer in the
Statement of Claim).
Defendant alleges that (state reasons for denial of the claim and other
material allegations in the Response including counterclaims, if any).
On (date), both parties appeared during the hearing conducted by (state
name of Judge who conducted the dispute resolution. State whether parties
appeared personally or through a specially authorized representative.)
Considering the failure of the parties to arrive at any settlement of the
dispute, this court proceeded with the hearing of the case which was
terminated on _________________.
2016
45 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
45

FORM 11–
SCC
The issue to be resolved by this court
REPUBLIC OFisTHE
whether .
PHILIPPINES
Plaintiff’s evidence consists of: (state documents of plaintiff, affidavits
submitted if any and statements made by plaintiff and witnesses under oath
_______________________________
during the hearing.)
_______________________________
Defendant’s_______________________________
evidence consists of: (state documents of defendant,
affidavits submitted if any and statements made by defendant and witnesses
under oath during the hearing.)
This court finds that the claim of plaintiff (or defendant in a
counterclaim) is (state whether meritorious or devoid of merit). Under
Article/Section (state the applicable provisions of law) or pursuant to
established jurisprudence (cite applicable jurisprudence). In this case, this
court found that (state first the factual findings established by the evidence
and then the legal conclusions).
Wherefore, the (claim/counterclaim) is (granted/denied). This court orders
to pay to the amount
of (state the monetary award or damages) with interest of (if applicable under
Civil Code and/or settled jurisprudence) until fully paid.
SO ORDERED.

(place) , (date) .

____________________
Presiding Judge
Copy furnished:
All parties
Office of the Clerk of Court of
2016
46 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
46

FORM 12-SCC

REPUBLIC OF THE
PHILIPPINES
_______________________________
_______________________________
_______________________________

__________________________________,
Plaintiff,

vs. Civil Case No.

For: _______________
__________________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

MOTION FOR
EXECUTION
Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
1. On , a judgment was rendered by the Court, the
dispositive portion of which reads:
2. The judgment is final, executory and unappealable.
3. The defendant has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a
writ
of execution be issued to implement the judgment of the Court dated
__________________.
______________________, __________________.

_______________________
Plaintiff/Defendant
2016
47 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
47

NOTICE OF
HEARING

NAME OF DEFENDANT (If filed by the

Plaintiff) NAME OF PLAINTIFF (If filed by the
Defendant)

NAME OF CLERK OF COURT

Please be notified that the undersigned will submit the foregoing

motion for the consideration and approval of the Court on
_________________ at ______________.

(place) , (date) .

_____________________
Plaintiff/Defendant
2016
48 Revised Rules of Procedure for Small Claims
A.M. No.
Cases
08-8-7-SC
48

COMPARATIVE STUDY BETWEEN

THE 2008 RULES AND
THE 2016 REVISED RULES OF PROCEDURE
FOR SMALL CLAIMS CASES

(Amendments in bold letters)

THE RULE OF THE REVISED RULES OF

PROCEDURE FOR SMALL PROCEDURE FOR SMALL
CLAIMS CASES CLAIMS CASES
S ECTION 1. Title.– This Rule SECTION 1. Title.– These Rules
shall be known as “The Rule of shall be known as “The Revised
Procedure for Small Claims Rules of Procedure for Small
Cases.” Claims Cases.”
SEC. 2. Scope.– This Rule shall SEC. 2. Scope.– These Rules shall
govern the procedure in actions govern the procedure in actions
before the Metropolitan Trial before the Metropolitan Trial
Courts, Municipal Trial Courts in Courts (MeTCs), Municipal Trial
Cities, Municipal Trial Courts and Courts in Cities (MTCCs) ,
Municipal Circuit Trial Courts for Municipal Trial Courts (MTCs)
payment of money where the and Municipal Circuit Trial
value of the claim does not Courts (MCTCs) for payment of
exceed One Hundred Thousand money where the value of the
Pesos (P100,000.00) exclusive of claim does not exceed Two
interest and costs. Hundred Thousand Pesos
(P200,000.00) exclusive of
interest and costs.
SEC. 3. Objectives
(a) To protect and advance
the constitutional right of
persons to a speedy disposition
of their cases;
(b) To provide a simplified
and inexpensive procedure for
the disposition of small claims
cases; and,
SEC. 3. Definition of Terms.– For (c) To introduce innovations
purposes of this Rule: and best practices for the
(a) Plaintiff refers to the party benefit of the underprivileged.
who initiated a small claims SEC. 4. Definition of Terms.– For
action. The term includes a purposes of this Rule:
defendant who has filed a
(a) Plaintiff refers to the party
counterclaim against plaintiff;
who initiated a small claims
(b) Defendant is the party action. The term includes a
against whom the plaintiff has defendant who has filed a
filed a small claims action. The counterclaim against plaintiff;
term includes a plaintiff against
(b) Defendant is the party
whom a defendant has filed a
against whom the plaintiff has
claim, or a person who replies to
filed a small claims action. The
the claim;
term includes a plaintiff against
(c) Person is an individual, whom a defendant has filed a
corporation, partnership, limited claim, or a person who replies to
liability partnership, association, the claim;
or other juridical entity endowed
(c) Person is an individual,
with personality by law;
corporation, partnership, limited
(d) Individual is a natural liability partnership, association,
person; or other juridical entity endowed
(e) Motion means a party’s with personality by law;
request, written or oral, to the (d) Individual is a natural
court for an order or other action. person;
It shall include an informal
(e) Motion means a party’s
written request to the court, such
request, written or oral, to the
as a letter;
court for an order or other action.
(f) Good cause means It shall include an informal
circumstances sufficient to justify written request to the court, such
the requested order or other as a letter;
action, as determined by the
judge; and (f) Good cause means
circumstances sufficient to justify
(g) Affidavit means a written the requested order or other
statement or declaration of facts action, as determined by the
that are sworn or affirmed to be judge; and,
true.
(g) Affidavit means a written
statement or declaration of facts
that are sworn to or affirmed to be
true.
S EC . 4. Applicability .– S EC . 5. Applicability .–
The Metropolitan Trial Courts, The Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts in Cities,
Municipal Trial Courts, and Municipal Trial Courts, and
Municipal Circuit Trial Courts Municipal Circuit Trial Courts
shall apply this Rule in all actions shall apply this Rule in all actions
which are: (a) purely civil in that are purely civil in nature
nature where the claim or relief where the claim or relief prayed
prayed for by the plaintiff is for by the plaintiff is solely for
solely for payment or payment or reimbursement of
reimbursement of sum of money, sum of money.
and (b) the civil aspect of
criminal actions, either filed
before the institution of the
criminal action, or reserved upon
the filing of the criminal action in
court, pursuant to Rule 111 of the
Revised Rules of Criminal
Procedure.
The claims or demands may be:
These claims or demands may be:
(a) For money owed under any
(a) For money owed under any of the following:
of the following:
1. Contract of Lease;
1. Contract of Lease; 2. Contract of Loan;
2. Contract of Loan; 3. Contract of Services;
3. Contract of Services; 4. Contract of Sale; or
4. Contract of Sale; or 5. Contract of Mortgage;
5. Contract of Mortgage;
(b) For liquidated damages
(b) For damages arising from arising from contracts;
any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a
(c) The enforcement of a barangay amicable settlement or
barangay amicable settlement or an arbitration award involving a
an arbitration award involving a money claim covered by this Rule
money claim covered by this Rule pursuant to Sec. 417 of Republic
pursuant to Sec. 417 of Republic Act 7160, otherwise known as the
Act 7160, otherwise known as the
Local Government Code of 1991. Local Government Code of 1991.
S EC . 5 . Commencement SEC. 6. Commencement of Small
of Small Claims Action.– A Claims Action.– A small claims
small claims action is action is commenced by filing
commenced by filing with the with the court an accomplished
court an accomplished and and verified Statement of Claim
verified Statement of Claim (Form
(Form 1-SCC) in duplicate, 1-SCC) in duplicate, accompanied
accompanied by a Certification by a Certification Against Forum
of Non-Forum Shopping (Form Shopping, Splitting a Single
1-A, SCC), and two (2) duly Cause of Action, and
certified photocopies of the Multiplicity of Suits (Form 1-A-
actionable document/s subject SCC), and two (2) duly certified
of the claim, as well as the photocopies of the actionable
affidavits of witnesses and other document/s subject of the claim,
evidence to support the claim. No as well as the affidavits of
evidence shall be allowed during witnesses and other evidence to
the hearing which was not support the claim. No evidence
attached to or submitted together shall be allowed during the
with the Claim, unless good cause hearing which was not attached
is shown for the admission of to or submitted together with
additional evidence. the Statement of Claim, unless
good cause is shown for the
admission of additional evidence.
The plaintiff must state in the
Statement of Claim if he/she/it
is engaged in the business of
lending, banking and similar
activities, and the number of
small claims cases filed within
the calendar year regardless of
judicial station.
No formal pleading, other than No formal pleading, other than
the Statement of Claim described the Statement of Claim/s
in this Rule, is necessary to described in this Rule, is
initiate a small claims action. necessary to initiate a small
claims action.
SEC . 7. Venue.– The regular
rules on venue shall apply.
 However, if the plaintiff is
engaged in the business of
lending, banking and similar
activities, and has a branch
within the municipality or city
where the defendant resides,
the Statement of Claim/s shall
be filed where that branch is
located.
S EC . 6 . Joinder of Claims S EC . 8 . Joinder of Claims
.– Plaintiff may join in a single .– Plaintiff may join in a single
statement of claim one or more statement of claim one or more
separate small claims against a separate small claims against a
defendant provided that the total defendant provided that the total
amount claimed, exclusive of amount claimed, exclusive of
interest and costs, does not interest and costs, does not
exceed P100,000.00. exceed Two Hundred Thousand
Pesos (P200,000.00).
SEC. 7. Affidavits.– The affidavits SEC. 9. Affidavits.– The affidavits
submitted under this Rule shall submitted under this Rule shall
state only facts of direct state only facts of direct
personal knowledge of the personal knowledge of the
affiants which are admissible in affiants or based on authentic
evidence. records, which are admissible in
evidence.
A violation of this requirement A violation of this requirement
shall subject the party, and the shall subject the party, and the
counsel who assisted the party in counsel who assisted the party in
the preparation of the affidavits, if the preparation of the affidavits, if
any, to appropriate disciplinary any, to appropriate disciplinary
action. The inadmissible action. The inadmissible
affidavit(s) or portion(s) thereof affidavit(s) or portion(s) thereof
shall be expunged from the shall be expunged from the
record. record.
The non-submission of the
required affidavits will cause
the immediate dismissal of
the claim or counterclaim.
SEC. 8. Payment of Filing Fees.– S EC . 10 . Payment of
The plaintiff shall pay the docket Filing Fees.– The plaintiff shall
and other legal fees prescribed pay the docket and other legal
under Rule 141 of the Revised fees prescribed under Rule 141 of
Rules of Court, unless allowed to the Revised Rules of Court,
litigate as an indigent. unless allowed to litigate as an
indigent. Exemption from the
payment of filing fees shall be
granted only by the
Supreme Court . However,
if more than five (5) small
claims are filed by one party
within the calendar year,
regardless of the judicial
station, an additional filing fee
of P 500.00 shall be paid for
every claim filed after the fifth
(5th) claim, and an additional
100 or a total of P600.00 for
every claim filed after the tenth
(10th) claim, and another
P100.00 or a total of P700 for
every claim filed after the
fifteenth (15 th) claim,
progressively and
cumulatively.
If the plaintiff is engaged in
the business of banking,
lending and similar activities,
the amount of filing and other
legal fees shall be the same as
A claim filed with a motion to those applicable to cases filed
sue as indigent (Form 6-SCC) under the regular rules.
shall be referred to the Executive A claim filed with a motion to
Judge for immediate action in sue as indigent (Form 6-SCC)
case of multi-sala courts, or to the shall be referred to the Executive
Presiding Judge of the court Judge for immediate action in
hearing the small claims case. case of multi-sala courts. If the
If the motion is motion is granted by the
Executive Judge, the case shall
be raffled off or
granted by the Executive Judge, assigned to the court designated
the case shall be raffled off or to hear small claims cases. If the
assigned to the court designated motion is denied, the plaintiff
to hear small claims cases. If the shall be given five (5) days within
motion is denied, the plaintiff which to pay the docket fees,
shall be given five (5) days within otherwise, the case shall be
which to pay the docket fees, dismissed without prejudice. In no
otherwise, the case shall be case shall a party, even if declared
dismissed without prejudice. In no an indigent, be exempt from the
case shall a party, even if declared payment of the P 1,000.00 fee
an indigent, be exempt from the for service of summons and
payment of the P 1,000.00 fee processes.
for service of summons and
processes in civil cases.
SEC. 9. Dismissal of the Claim.–
After the court determines that the SEC. 11. Dismissal of the Claim.–
case falls under this Rule, it may, After the court determines that the
from an examination of the case falls under this Rule, it may,
allegations of the Statement of from an examination of the
Claim and such evidence attached allegations of the Statement of
thereto, by itself, dismiss the case Claim/s and such evidence
outright on any of the grounds attached thereto, by itself, dismiss
apparent from the Claim for the the case outright on any of the
dismissal of a civil action. grounds for the dismissal of the
case. The order of dismissal
shall state if it is with or without
prejudice.
If, during the hearing, the
court is able to determine that
there exists a ground for
dismissal of the Statement of
Claim/s, the court may, by
itself, dismiss the case even if
such ground is not pleaded in
the defendant’s Response.
If plaintiff misrepresents that
he/she/ it is not engaged in the
business of banking, lending or
 similar activities when in fact
he/she/it is so engaged, the
Statement of Claim/s shall be
dismissed with prejudice and
plaintiff shall be meted the
appropriate sanctions, such as
direct contempt.
However, if the case does not
fall under this Rule, but falls
under summary or regular
procedure, the case shall not
be dismissed. Instead, the case
shall be re-docketed under the
appropriate procedure, and
returned to the court where it
was assigned, subject to
payment of any deficiency in
the applicable regular rate of
filing fees. If a case is filed
under the regular or summary
procedure, but actually falls
under this Rule, the case shall
be referred to the Executive
Judge for appropriate
assignment.
SEC. 10. Summons and Notice of
Hearing .– If no ground for SEC. 12. Summons and Notice of
dismissal is found, the court shall Hearing .– If no ground for
forthwith issue Summons (Form dismissal is found, the court shall
2- SCC) on the day of receipt of forthwith issue Summons (Form
the Statement of Claim, directing 2- SCC) on the day of receipt of
the defendant to submit a the Statement of Claim/s,
verified Response. directing the defendant to submit
a verified Response.
The court shall also issue a
Notice (Form 4-SCC) to both The court shall also issue a
parties, directing them to appear Notice of Hearing (Form 4-
before it on a specific date and SCC) to both parties, directing
time for hearing, with a warning them to appear before it on a
specific date and time for
hearing, with a
that no unjustified postponement warning that no unjustified
shall be allowed, as provided in postponement shall be allowed, as
Section 19 of this Rule. The provided in Section 21 of this
summons and notice to be served Rule.
on the defendant shall be
The Summons to be served
accompanied by a copy of the
on the defendant shall be
Statement of Claim and
accompanied by a copy of the
documents submitted by plaintiff,
Statement of Claim/s and
and a copy of the Response (Form
documents submitted by
3-SCC) to be accomplished by the
plaintiff, and a blank Response
defendant. The Notice shall
Form ( Form 3-SCC ) to
contain an express prohibition
be accomplished by the
against the filing of a motion to
defendant.A Notice of Hearing
dismiss or any other motion
shall accompany the Summons
under Section 14 of this Rule.
and shall contain: (a) the date
of the hearing, which shall not
be more than thirty (30) days
from the filing of the Statement
of Claim/s; and (b) the express
prohibition against the filing of
a motion to dismiss or any other
motion under Section 16 of this
Rule.
If Summons is returned
without being served on any or
all of the defendants, the court
shall order the plaintiff to cause
the service of summons and to
inform the court within thirty
(30) days from notice if said
summons was served or not;
otherwise, the Statement of
Claim/s shall be dismissed
without prejudice as to those
who were not served with
S EC . 11 . Response.– summons.
The defendant shall file with the S EC . 13 . Response .–
court The defendant shall file with the
court
and serve on the plaintiff a duly and serve on the plaintiff a duly
accomplished and verified accomplished and verified
Response within a non-extendible Response within a non-extendible
period of ten (10) days from period of ten (10) days from
receipt of summons. The receipt of summons. The
Response shall be accompanied Response shall be accompanied
by certified photocopies of by certified photocopies of
documents, as well as affidavits documents, as well as affidavits
of witnesses and other evidence in of witnesses and other evidence in
support thereof. No evidence support thereof. No evidence
shall be allowed during the shall be allowed during the
hearing which was not attached to hearing which was not attached to
or submitted together with the or submitted together with the
Response, unless good cause is Response, unless good cause is
shown for the admission of shown for the admission of
additional evidence. additional evidence.
The grounds for the dismissal
of the claim, under Rule 16 of the
Rules of Court, should be
pleaded.
SEC. 14. Effect of Failure to File
SEC. 12. Effect of Failure to File Response.– Should the defendant
Response.– Should the defendant fail to file his/her/its Response
fail to file his Response within the within the required period, and
required period, and likewise fail likewise fail to appear on the date
to appear at the date set for set for hearing, the court shall
hearing, the court shall render render judgment on the same day,
judgment on the same day, as as may be warranted by the facts
may be warranted by the facts. alleged in the Statement of
Claim/s.
Should the defendant fail to
Should the defendant fail to file his/her/its Response within
file his Response within the the required period but appears on
required period but appears at the the date set for hearing, the court
date set for hearing, the court shall shall ascertain what defense
ascertain what defense he has to he/she/it has to offer which
offer and proceed to hear, shall constitute his/her/its
mediate or adjudicate the case on Response, and proceed to hear
the same day as if a Response has or adjudicate the case on the same
been filed. day as if a Response has been
filed.
SEC. 13. Counterclaims Within SEC . 15. Counterclaims Within
the Coverage of this Rule.– If at the Coverage of this Rule.– If at
the time the action is commenced, the time the action is commenced,
the defendant possesses a claim the defendant possesses a claim
against the plaintiff that (a) is against the plaintiff that (a) is
within the coverage of this Rule, within the coverage of this Rule,
exclusive of interest and costs; (b) exclusive of interest and costs; (b)
arises out of the same transaction arises out of the same transaction
or event that is the subject matter or event that is the subject matter
of the plaintiff ’s claim; (c) of the plaintiff ’s claim; (c)
does not require for its does not require for its
adjudication the joinder of third adjudication the joinder of third
parties; and (d) is not the subject parties; and (d) is not the subject
of another pending action, the of another pending action, the
claim shall be filed as a claim shall be filed as a
counterclaim in the Response; counterclaim in the Response;
otherwise, the defendant shall be otherwise, the defendant shall be
barred from suit on the barred from suing on the
counterclaim. counterclaim.
The defendant may also elect The defendant may also elect
to file a counterclaim against the to file a counterclaim against the
plaintiff that does not arise out of plaintiff that does not arise out of
the same transaction or the same transaction or
occurrence, provided that the occurrence, provided that the
amount and nature thereof are amount and nature thereof are
within the coverage of this Rule within the coverage of this Rule
and the prescribed docket and and the prescribed docket and
other legal fees are paid. other legal fees are paid.
S EC. 14. Prohibited Pleadings SEC. 16. Prohibited Pleadings
and Motions.– The following and Motions.– The following
pleadings, motions, or petitions pleadings, motions, or petitions
shall not be allowed in the cases shall not be allowed in the cases
covered by this Rule: covered by this Rule:
(a) Motion to dismiss the (a) Motion to dismiss the
complaint; Statement of Claim/s;
(b) Motion for a bill of (b) Motion for a bill of
particulars; particulars;
(c) Motion for new trial, or for (c) Motion for new trial, or for
reconsideration of a judgment, or reconsideration of a judgment, or
for reopening of trial; for reopening of trial;
(d) Petition for relief from (d) Petition for relief from
judgment; judgment;
(e) Motion for extension of (e) Motion for extension of
time to file pleadings, affidavits, time to file pleadings, affidavits,
or any other paper; or any other paper;
(f) Memoranda; (f) Memoranda;
(g) Petition for certiorari, (g) Petition for certiorari,
mandamus, or prohibition against mandamus, or prohibition against
any interlocutory order issued by any interlocutory order issued by
the court; the court;
(h) Motion to declare the (h) Motion to declare the
defendant in default; defendant in default;
(i) Dilatory motions for (i) Dilatory motions for
postponement; postponement;
(j) Reply; (j) Reply and rejoinder;
(k) Third-party complaints; and (k) Third-party complaints; and
(l) Interventions. (l) Interventions.
SEC. 15. Availability of Forms; SEC. 17. Availability of Forms;
Assistance by Court Personnel.– Assistance by Court Personnel.–
The Clerk of Court or other court The Clerk of Court or other court
personnel shall provide such personnel shall provide such
assistance as may be requested by assistance as may be requested by
a plaintiff or a defendant a plaintiff or a defendant
regarding the availability of forms regarding the availability of forms
and other information about the and other information about the
coverage, requirements as well as coverage, requirements as well as
procedure for small claims cases. procedure for small claims cases.
SEC. 16. Appearance.– The parties S EC . 18 . Appearance .–
shall appear at the designated date The parties shall personally
of hearing personally. appear on the designated date of
Appearance through a hearing.
Appearance through a
representative must be for a valid representative must be for a valid
cause. The representative of an cause. The representative of an
individual-party must not be a individual-party must not be a
lawyer, and must be related to or lawyer, and must be related to or
next-of-kin of the individual- next-of-kin of the individual-
party. Juridical entities shall party. Juridical entities shall not
not be represented by a lawyer in be represented by a lawyer in any
any capacity. capacity.
The representative must be The representative must be
authorized under a Special Power authorized under a Special Power
of Attorney (Form 5-SCC) to of Attorney (Form 7-SCC) to
enter into an amicable settlement enter into an amicable settlement
of the dispute and to enter into of the dispute and to enter into
stipulations or admissions of stipulations or admissions of facts
facts and of documentary and of documentary exhibits.
exhibits.
S EC . 19 . Appearance
S EC . 17 . Appearance of Attorneys Not Allowed .–
of Attorneys Not Allowed .– No attorney shall appear in behalf
No attorney shall appear in behalf of or represent a party at the
of or represent a party at the hearing, unless the attorney is the
hearing, unless the attorney is the plaintiff or defendant.
plaintiff or defendant.
If the court determines that a
If the court determines that a party cannot properly present his/
party cannot properly present his/ her claim or defense and needs
her claim or defense and needs assistance, the court may, in its
assistance, the court may, in its discretion, allow another
discretion, allow another individual who is not an attorney
individual who is not an attorney to assist that party upon the
to assist that party upon the latter’s consent.
latter’s consent.
S EC . 20 . Non-appearance
S EC . 18 . Non-appearance of Parties.– Failure of the
of Parties.– Failure of the plaintiff to appear shall be cause
plaintiff to appear shall be cause for the dismissal of the claim
for the dismissal of the claim without prejudice. The
without prejudice. The defendant who appears in the
defendant who appears shall be absence of the plaintiff shall
entitled to judgment on a be entitled to judgment on a
permissive counterclaim. permissive counterclaim.
 Failure of the defendant to Failure of the defendant to
appear shall have the same effect appear shall have the same effect
as failure to file a Response under as failure to file a Response under
Section 12 of this Rule. This shall Section 14 of this Rule. This shall
not apply where one of two or not apply where one of two or
more defendants who are sued more defendants who are sued
under a common cause of action under a common cause of action
and have pleaded a common and have pleaded a common
defense appears at the hearing. defense appears at the hearing.
Failure of both parties to Failure of both parties to
appear shall cause the dismissal appear shall cause the dismissal
with prejudice of both the claim with prejudice of both the
and counterclaim. Statement of Claim/s and
S EC . 19. Postponement When counterclaim.
Allowed .– A request for S EC . 21 . Postponement When
postponement of a hearing may Allowed.– A request for
be granted only upon proof of the postponement of a hearing may
physical inability of the party to be granted only upon proof of the
appear before the court on the physical inability of the party to
scheduled date and time. A party appear before the court on the
may avail of only one (1) scheduled date and time. A party
postponement. may avail of only one (1)
SEC. 20. Duty of the Court.– At postponement.
the beginning of the court SEC. 22. Duty of the Court.– At
session, the judge shall read aloud the beginning of the court
a short statement explaining the session, the judge shall read
nature, purpose and the rule of aloud a short statement
procedure of small claims cases. explaining the nature, purpose
S EC . 21 . Hearing .– At and the rule of procedure of small
the hearing, the judge shall exert claims cases.
efforts to bring the parties to an S EC . 23 . Hearing .– At
amicable settlement of their the hearing, the judge shall first
dispute. Any settlement ( Form exert efforts to bring the parties to
7-SCC ) or resolution (Form 8- an amicable settlement of their
SCC) of the dispute shall be dispute. If efforts at settlement
reduced into writing, signed by fail, the hearing shall
the parties and immediately proceed in an
informal and expeditious
submitted to the court for manner and be terminated
approval within the same day.
(Form 12-SCC).
Any settlement (Form 8-SCC)
Settlement discussions shall be or resolution of the dispute shall
strictly confidential and any be reduced into writing, signed by
reference to any settlement made the parties and submitted to the
in the course of such discussions court for approval (Form 9-SCC
shall be punishable by contempt. and Form 10-SCC).
SEC. 22. Failure of Settlement.–
If efforts at settlement fail, the
hearing shall proceed in an
informal and expeditious manner
and be terminated within one (1)
day. Either party may move in
writing (Form 10-SCC) to have
another judge hear and decide the
case. The reassignment of the
case shall be done in
accordance with existing
issuances.
The referral by the original
judge to the Executive Judge shall
be made within the same day the
motion is filed and granted, and
by the Executive Judge to the
designated judge within the same
day of the referral. The new judge
shall hear and decide the case
within five (5) working days from
receipt of the order of
reassignment. S EC. 24. Decision.– After the
hearing, the court shall render its
S EC. 23. Decision.– After the decision based on the facts
hearing, the court shall render its established by the evidence
decision on the same day, based (Form 11-SCC), within twenty
on the facts established by the four (24) hours from
evidence (Form 13-SCC). The termination of the hearing. The
decision shall immediately be decision shall immediately be
entered by the Clerk of Court in
the court docket for civil cases
and
a copy thereof forthwith served entered by the Clerk of Court in
on the parties. the court docket for civil cases
and a copy thereof forthwith
served on the parties.
The decision shall be final and The decision shall be final,
unappealable. executory and unappealable.
S EC . 24 . Execution .– If SEC. 25. Execution.– When the
the decision is rendered in favor decision is rendered, execution
of the plaintiff, execution shall shall issue upon motion (Form
issue upon motion (Form 9-SCC). 12-SCC) of the winning party.
S EC . 26 . Certification
of documents. All
documents attached to the
Statement of Claim/s or
Response that are required to
be certified, except public or
official documents, shall
be certified by the
signature of the plaintiff or
defendant concerned.
S EC . 25. Applicability of the
Rules of Civil Procedure.– The S EC . 27. Applicability of the
Rules of Civil Procedure shall Rules of Civil Procedure.– The
apply suppletorily insofar as they Rules of Civil Procedure shall
are not inconsistent with this apply suppletorily insofar as they
Rule. are not inconsistent with this
Rule.
SEC. 28. Non-applicability. The
rules on mediation/judicial
dispute resolution shall not
apply, inasmuch as the parties
may enter into compromise at
any stage of the proceedings.
SEC. 26. Effectivity.– This Rule
shall take effect on October 01, S EC . 29 . Effectivity .–
2008 for the pilot courts These Revised Rules shall take
designated to apply the procedure effect on February 1, 2016
for small claims cases following their publication in two
following its publication in two newspapers of general
newspapers of circulation. They shall govern
all cases filed after their
general circulation. The effectivity, and also all pending
amendments to this Rule shall proceedings, except to the
take effect ninety (90) days extent that in the opinion of the
from publication in two (2) court, their application would
newspapers of general circulation. not be feasible or would work
injustice, in which case the
procedure under which the
cases were filed shall govern.
SMALL CLAIMS
STANDARD FORMS
The following forms shall be
used. Substantial compliance
therewith shall be sufficient.
(See attached forms)