Rules on Expedited Procedures in the First Level Courts
(Excerpted – Small Claims Cases)
RULE I
Applicability
SECTION 1. Coverage. — These rules shall govern the expedited procedures in the Metropolitan
Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal
Circuit Trial Courts, for the following cases falling within their jurisdiction:
A. CIVIL CASES
(1) Summary Procedure Cases, as follows: x x x
(2) Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos
(P1,000,000.00), exclusive of interest and costs.
A "small claim" is an action that is purely civil in nature where the claim or relief raised by the
plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking
other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled
with provisional remedies.
The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan and other credit accommodations;
3. Contract of Services; or
4. Contract of Sale of personal property, excluding the recovery of the personal property,
unless it is made the subject of a compromise agreement between the parties.
(b) The enforcement of barangay amicable settlement agreements and arbitration awards, where
the money claim does not exceed One Million Pesos (P1,000,000.00), provided that no execution
has been enforced by the barangay within six (6) months from the date of the settlement or date of
receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award
becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160,
otherwise known as The Local Government Code of 1991.
xxxxxx
RULE II
General Common Provisions
SECTION 1. Applicability of the Regular Rules. — The regular procedure prescribed in the Rules
of Court shall apply to the cases covered by these Rules where no specific provision is found
herein. It shall also apply in a suppletory manner even if there is a specific provision found in these
Rules, but only in so far as not inconsistent. In case of inconsistency, these Rules shall prevail.
SECTION 2. Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions
shall not be allowed in cases governed by these Rules:
(a) In civil cases, a motion to dismiss the complaint or the statement of claim, and in
criminal cases, a motion to quash the complaint or information, except on the ground of lack of
jurisdiction over the subject matter or failure to comply with the requirement of barangay
conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act No. 7160;
(b) Motion to hear and/or resolve affirmative defenses;
(c) Motion for a bill of particulars;
(d) Motion for new trial, or for reconsideration of a judgment on the merits, or for reopening
of proceedings;
(e) Petition for relief from judgment;
(f) Motion for extension of time to file pleadings, affidavits or any other paper;
(g) Memoranda;
(h) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court;
(i) Motion to declare the defendant in default;
(j) Dilatory motions for postponement. Any motion for postponement shall be presumed
dilatory unless grounded on acts of God, force majeure, or physical inability of a counsel or witness
to personally appear in court, as supported by the requisite affidavit and medical proof;
(k) Rejoinder;
(l) Third-party complaints;
(m) Motion for and Complaint in Intervention;
(n) Motion to admit late judicial affidavit/s, position papers, or other evidence, except on
the ground of force majeure or acts of God;
(o) Motion for judicial determination of probable cause in criminal cases.
SECTION 3. Videoconference. — As far as practicable, and if the court finds that the conduct of
a videoconference hearing will be beneficial to the fair, speedy and efficient administration of
justice, the court, on its own initiative or upon motion, may set the case for a videoconference
hearing at any stage of the proceedings.
SECTION 4. Service Pursuant to International Convention. — Service made pursuant to the Hague
Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial
Matters shall be valid, and the period to answer shall commence from receipt of the document
served.
RULE III
The Rule on Summary Procedure
xxxxxx
RULE IV
The Rule on Small Claims
SECTION 1. Scope. — This Rule 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 or reimbursement of a sum of money
where the value of the claim does not exceed One Million Pesos (P1,000,000.00).
SECTION 2. 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.
SECTION 3. 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 a 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; TCAScE
(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;
(g) Affidavit means a written statement or declaration of facts that are sworn to or affirmed
to be true;
(h) Business of Lending refers to any lending activity pursued with regularity;
Page 2 of 7
(i) Business of Banking refers to the business of lending funds obtained in the form of
deposits.
SECTION 4. Commencement of Small Claims Action. — A small claims action is commenced
by filing with the court an accomplished Statement of Claim/s with Verification and Certification
Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-
SCC) and duly certified photocopies of the actionable document/s subject of the claim, affidavits
of witnesses, and other evidence to support the claim, with as many copies thereof as there are
defendants. No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Statement of Claim/s, unless good cause is shown for the admission
of additional evidence.
The plaintiff must state in the Statement of Claim/s 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. For juridical entities, a board resolution or secretary's
certificate authorizing the person to file the claim must be attached to the Statement of Claim/s. 1
No formal pleading, other than the Statement of Claim/s described in this Rule, is necessary
to initiate a small claims action.
SECTION 5. Venue for Small Claims Cases. — 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 or is holding business, the Statement
of Claim/s shall be filed in the court of the city or municipality where the defendant resides or is
holding business. If there are two (2) or more defendants, it shall be filed in the court of the city
or municipality where any of them resides or is holding business, at the option of the plaintiff.
SECTION 6. 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 One Million Pesos (P1,000,000.00).
SECTION 7. 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.
SECTION 8. 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 Five Hundred Pesos
(P500.00) shall be paid for every claim filed after the fifth (5th) claim, and an additional One
Hundred Pesos (P100.00) or a total of Six Hundred Pesos (P600.00) for every claim filed after the
tenth (10th) claim, and another One Hundred Pesos (P100.00) or a total of Seven Hundred Pesos
(P700) for every claim filed after the fifteenth (15th) claim, progressively and cumulatively. If a
case is dismissed without prejudice under Sec. 12 (f) of this Rule, and is re-filed within one (1)
year from notice of dismissal, the plaintiff shall pay a fixed amount of Two Thousand Pesos
(P2,000.00) as filing fee, inclusive of the One Thousand Pesos (P1,000.00) fee for service of
summons and processes.
If the plaintiff is engaged in the business of lending, banking, 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 of procedure.
Page 3 of 7
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) calendar 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 One Thousand Pesos (P1,000.00) fee
for service of summons and processes.
SECTION 9. Dismissal of the Claim. — After the court determines that the case falls under this
Rule, it may, from an examination of the allegations of the Statement of Claim/s and such evidence
attached thereto, on its own initiative, dismiss the case outright on any of the following grounds:
(a) The court has no jurisdiction over the subject matter;
(b) There is another action pending between the same parties for the same cause;
(c) The action is barred by prior judgment;
(d) The claim is barred by the statute of limitations;
(e) The court has no jurisdiction over the person of the defendant;
(f) Venue is improperly laid;
(g) Plaintiff has no legal capacity to sue;
(h) The Statement of Claim/s states no cause of action;
(i) That a condition precedent for filing the claim has not been complied with; and
(j) Plaintiff failed to submit the required affidavits, as provided in Section 7 of this Rule.
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, on its own initiative, dismiss the case even if such ground is not pleaded in the defendant's
Response (Form 3-SCC).
If plaintiff misrepresents that he/she/it is not engaged in the business of lending, banking, 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, including citation for direct
contempt. However, if the case does not fall under this Rule, but falls under summary or regular
procedure, or if the case is filed under summary or regular procedure but falls under this Rule, 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.
SECTION 10. Summons and Notice of Hearing. — If no ground for dismissal is found, the court
shall forthwith issue Summons (Form 2-SCC) within twenty-four (24) hours from receipt of the
Statement of Claim/s, directing the defendant to submit a verified Response.
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.
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 20 of this Rule. A blank Special Power of
Attorney (Form 7-SCC) shall be attached to the Notice of Hearing.
The Notice of Hearing shall accompany the Summons and shall contain: (a) the date of the hearing,
which shall not be more than thirty (30) calendar days from the filing of the Statement of Claim/s,
or not more than sixty (60) calendar days if one of the defendants resides or holds business outside
the judicial region; and (b) the express prohibition against the filing of a motion to dismiss or other
prohibited motions under Section 2, Rule II.
SECTION 11. Electronic Filing and Service. — The service of court issuances and filings by the
plaintiff/s and defendant/s may be made through email, facsimile, and other electronic means.
Notices may also be served through mobile phone calls, short messaging service (SMS), or instant
Page 4 of 7
messaging (IM) software applications. The consent to, and chosen mode of, electronic service and
notice shall be indicated in the Statement of Claim/s or Response, as the case may be.
SECTION 12. Service of Summons. —
(a) The Summons and Notice of Hearing must be issued within twenty-four (24) hours
from receipt of the Statement of Claim/s. The Summons, together with the Notice of Hearing, shall
be served by the sheriff, his or her deputy, or other proper court officer within ten (10) calendar
days from issuance. Within five calendar (5) days from such service, the Officer's Return shall be
filed with the court with a copy furnished to the plaintiff at the given address/es of record.
(b) If Summons is returned without being served on any or all of the defendants, the court
shall order the plaintiff or his or her representative to serve or cause the service of Summons.
(c) In cases where Summons is to be served outside the judicial region of the court where
the case is pending, the court may order the plaintiff or his or her representative to serve or cause
the service of Summons.
(d) If the plaintiff is a juridical entity, it shall notify the court, in writing, and name its
authorized representative therein, attaching a board resolution or secretary's certificate thereto, as
the case may be, stating that such representative is duly authorized to serve the Summons on behalf
of the plaintiff.
(e) If the plaintiff misrepresents that the defendant was served with Summons, and it is
later proved that no Summons was served, the case shall be dismissed with prejudice, the
proceedings shall be nullified, and the plaintiff shall be declared in indirect contempt under Rule
71 of the Rules of Court, and/or be meted a fine in the amount of 5,000.00.
(f) In both instances under paragraphs (b) and (c), the plaintiff shall inform the court within
thirty (30) calendar days from notice if said Summons was served; otherwise, the Statement of
Claim/s shall be dismissed without prejudice as to those who were not served with Summons. This
is not a ground to archive the case. The case, however, may be re-filed within one year from notice
of dismissal, subject to payment of reduced filing fees under Section 8 hereof.
SECTION 13. Response. — The defendant shall file with the court and serve on the plaintiff a
duly accomplished and verified Response (Form 3-SCC) within a non-extendible period of ten
(10) calendar 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.
SECTION 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 within twenty-four (24) hours from the termination of the hearing, as
may be warranted by the facts alleged in the Statement of Claim/s and its attachments.
Should the defendant fail to file his/her/its Response within the required period but appear 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, proceed to hear the case on the same day as if a Response has been
filed and, thereafter, render judgment within twenty-four (24) hours from the termination of the
hearing. If the defendant relies on documentary evidence to support his defense, the court shall
order him/her/it to submit original copies of such documents within three (3) calendar days from
the termination of the hearing and, upon receipt thereof or expiration of the period to file, the court
shall render judgment within twenty-four (24) hours.
SECTION 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 such
counterclaim.
Page 5 of 7
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.
Any amount pleaded in a counterclaim in excess of One Million Pesos (P1,000,000.00), excluding
interest and costs, shall be deemed waived.
SECTION 16. 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.
Plaintiff shall be given copies of Forms 1-SCC (Statement of Claim/s), 1-A-SCC (Other Plaintiffs
or Defendants) for additional plaintiffs or defendants, if any, and 1-B-SCC (Plaintiff's Information
Sheet).
The Branch Clerk of Court must ensure that there should be, at least, one (1) hearing day every
week devoted to Small Claims, with a minimum of five (5) cases scheduled per hearing day. Cases
with the same party-plaintiff may all be set on the same date for facility in the preparation of
notices and judgments. The Court should post a notice of its Small Claims hearing day
conspicuously at the Branch and at the Office of the Clerk of Court.
SECTION 17. 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. 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),
board resolution or secretary's certificate, as the
case may be, to enter into an amicable settlement of the dispute and to enter into stipulations or
admissions of facts and of documentary exhibits.
SECTION 18. 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/its 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.
SECTION 19. 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 the 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.
SECTION 20. 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.
SECTION 21. 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.
SECTION 22. Hearing. — At the hearing, the judge shall first exert efforts to bring the parties to
an amicable settlement of their dispute. Settlement discussions must be conducted in strict
confidentiality. Any settlement or resolution of the dispute shall be reduced into writing, signed
by the parties, and immediately submitted to the court for approval at the hearing (Form 9-SCC).
The court shall render judgment based on the compromise agreement within twenty-four (24)
hours, and furnish copies thereof to the parties (Form 10-SCC).
Page 6 of 7
If at any time before or at the hearing, a compromise agreement is submitted, signed by both
parties, but only one (1) or neither party appears to confirm it, the court shall issue an order
directing the non-appearing party/ies to confirm the compromise agreement within three (3)
calendar days from notice thereof; otherwise, it shall be deemed confirmed.
If efforts at settlement fail, the court shall immediately proceed to hear the case in an informal and
expeditious manner and, thereafter, render judgment within twenty-four (24) hours from
termination of the hearing.
SECTION 23. Resort to Alternative Videoconferencing Platform. —
Should the hearing be done through videoconferencing, the court shall require the parties to
participate through the use of the Court-prescribed videoconferencing platform. However, if any
of the participants communicates his or her difficulty in accessing or using the said
videoconferencing platform, the court may allow the use of alternative videoconferencing
platforms or instant messaging (IM) applications with video call features, provided that the
following conditions are met:
(a) The court shall use either its official e-mail address or cell phone number to access the
alternative videoconferencing platform or instant messaging (IM) application;
(b) The parties shall use the e-mail address or cell phone number they indicated in their
Statement of Claim/s or Response, as the case may be, to access the alternative videoconferencing
platform or instant messaging (IM) application; and (c) The court shall maintain a record and
transcription of the proceedings.
SECTION 24. Decision. — After the hearing, the court shall render its decision based on the facts
established by the evidence, within twenty-four (24) hours from termination of the hearing (Form
11-SCC). The refund of the remaining balance from the Sheriff's Trust Fund (STF), subject to
accounting and auditing procedures, shall be included in the decision.
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.
SECTION 25. Execution. — When the decision is rendered and proof of receipt thereof is on
record, execution shall issue (Forms 13-SCC, 13-ASCC, or 13-B-SCC) upon ex-parte motion of
the winning party (Form 12-SCC). However, a decision based on compromise shall not be covered
by the requirement of proof of receipt.
SECTION 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.
SECTION 27. Non-applicability. — The rules on mediation and judicial dispute resolution shall
not apply, as the parties may enter into compromise at any stage of the proceedings.
RULE V
Effectivity
The Rules on Expedited Procedures in the First Level Courts shall take effect on 11 April 2022
and shall prospectively apply only to cases filed from the said date of effectivity. Those pending
cases covered by these Rules, which are currently before the second and first level courts, shall
remain with and be decided by those same courts based on the rules applicable at the time those
cases were filed.
Footnotes
1. Per Resolution dated March 15, 2022, A.M. No. 08-8-7-SC.
Published in the Manila Bulletin on March 26, 2022.
Page 7 of 7
