Rule of Procedure for Small Claims Cases
(A.M. NO. 08-8-7-SC)
Judge Monette Singh
Regional Trial Court Judge, Quezon City
Supreme Court Technical Working Group for
Small Claims Court
2009 RBAP-MABS National Round table Conference
May 12-13, 2009
Hyatt Hotel and Casino
Manila
THE OBJECTIVE OF THE RULE
1. SIMPLE
2. INEXPENSIVE
3. EXPEDITIOUS
THE SALIENT FEATURES OF THE
RULE
1. COVERAGE
Money claims = P100,000.00 and below
excluding interest, attorney's fees and costs
(Sections 2, 4, 6)
2. WHERE TO FILE
Pilot Courts = First Level Courts at place of
residence of plaintiff or defendant, at
plaintiff's option (Sections 4, 25 cf. ROC)
THE SALIENT FEATURES OF THE
RULE
3. NO LAWYERS
“No attorney shall appear in behalf of or
represent a party at the hearing, unless the
attorney is the plaintiff or defendant.”
(Sections 17, 16) – cannot sign the
pleadings/motions
Lawyers may still participate: (1) to give
legal advice; (2) to prepare pleadings,
motions, evidence, etc.; (3) to notarize;
THE SALIENT FEATURES OF THE
RULE
4. INFORMATION OFFICERS
Clerks of Courts have been designated as
“Information Officers” to provide assistance
to litigants about the Rule and available forms.
(Section 15)
THE SALIENT FEATURES OF THE
RULE
5. FORMS
All forms are ready-made and free at the OCC
(Section 15). The COC is also authorized to
notarize, as necessary, for free.
The forms may be used themselves or only as a
guide to prepare more detailed
pleadings/motions.
THE SALIENT FEATURES OF THE
RULE
6. ONE DAY HEARING AND JUDGMENT
On the day of hearing, the Small Claims
Court must render judgment, either on the
merits or based on the parties' agreement.
(Section 23)
THE SALIENT FEATURES OF THE
RULE
7. JUDICIAL DISPUTE RESOLUTION (JDR)
At the hearing, the court will first try to
mediate between the parties.
If judicial
mediation succeeds, a judgment based on the
parties' agreement will issue. If it fails, a
judgment on the merits must be rendered.
(Sections 21, 22, 23)
THE SALIENT FEATURES OF THE
RULE
8. JUDGMENT FINAL AND UNAPPEALABLE
The decision in Small Claims Cases is final and
not subject to appeal (Section 23).
It is
immediately executory upon motion (Section
24).
The remedy of the losing party is a petition for
certiorari for grave abuse of discretion (Rule 65,
ROC).
THE SALIENT FEATURES OF THE
RULE
9. NO POSTPONEMENT
General Rule: no postponement
Exception: physical inability (1) request for
postponement; (2) proof of physical
inability; (3) not later than date and time of
hearing; (4) only one postponement per
party (Section 19).
PRELIMINARY FEEDBACK
FROM OCT. 1, 2008 TO JANUARY 21, 2009 IN
22 PILOT COURTS
 CASES FILED: 1,750
 PLAINTIFFS: 28% INDIVIDUALS, 72%
JURIDICAL ENTITIES
 DISPOSAL RATE: 45% DISPOSED OF
WITHIN SAME PERIOD: 37% AMICABLY
SETTLED, 8% ON THE MERITS
 AVERAGE CASE LIFETIME:
1-3
MONTHS
THANK YOU