Rules on Expedited Procedures in the

First Level Courts (a) For money owed under any of the
following:
Sec. 2. Objectives. — 1. Contract of Lease;
(a) To protect and advance the 2. Contract of Loan and other credit
constitutional right of persons to a accommodations;
speedy disposition of their cases; 3. Contract of Services; or
(b) To provide a simplified and 4. Contract of Sale of personal
inexpensive procedure for the property, excluding the recovery of
disposition of small claims cases; the personal property, UNLESS it is
and made the subject of a compromise
(c) To introduce innovations and agreement between the parties.
best practices for the benefit of the
underprivileged. (b) The enforcement
of barangay amicable settlement
SCOPE agreements and arbitration awards,
These rules, shall govern where the money claim does not
the expedited procedures in the: exceed One Million Pesos
1. Metropolitan Trial Courts; (P1,000,000.00), PROVIDED that no
2. Municipal Trial Courts in execution has been enforced by
Cities; the barangay within six (6) months
3. Municipal Trial Courts; and from the date of the settlement or
4. Municipal Circuit Trial Courts. date of receipt of the award or from
the date the obligation stipulated or
Small Claims adjudged in the arbitration award
becomes due and demandable,
*Does not exceed 1M pursuant to Section 417, Chapter VII
of Republic Act No. 7160, otherwise
1. Small Claims; definition known as The Local Government
Code of 1991.
An action that is purely civil in nature
where the claim or relief raised by 4. Can lawyers attend small
the plaintiff is solely for the payment claims proceedings? Exception?
or reimbursement of a sum of money.
It EXCLUDES seeking other claims Sec. 18. Appearance of Attorneys Not
or reliefs aside from payment or Allowed. — No attorney shall appear
reimbursement of sum of money and in behalf of or represent a party at
those coupled with provisional the hearing, unless the attorney is the
remedies. plaintiff or defendant.

2. Amount threshold If the court determines that a party

cannot properly present his/her/its
Claim does not exceed One Million claim or defense and needs
Persos (P1,000,000.00), exclusive of assistance, the court may, in its
interest and costs. discretion, allow another individual
who is not an attorney to assist that
3. What are covered by small party upon the latter's consent.
claims?
5. What should be attached to the
The claim or demand may be: verified statement of claims?
 7. Should the affidavits be based
Sec. 4. Commencement of Small on the direct personal knowledge of
Claims Action. — A small claims the affiant as in summer procedure?
action is commenced by filing with
the court an accomplished Statement YES
of Claim/s with Verification and
Certification Against Forum Sec. 7. Affidavits. — The affidavits
Shopping, Splitting a Single Cause of submitted under this Rule shall state
Action, and Multiplicity of only facts of direct personal
Suits (Form 1-SCC) and duly knowledge of the affiants or based on
certified photocopies of the actionable authentic records, which are
document/s subject of the claim, admissible in evidence.
affidavits of witnesses, and other
evidence to support the claim, with as A violation of this requirement shall
many copies thereof as there are subject the party, and the counsel
defendants. No evidence shall be who assisted the party in the
allowed during the hearing which was preparation of the affidavits, if any, to
not attached to or submitted together appropriate disciplinary action. The
with the Statement of Claim/s, unless inadmissible affidavit(s) or portion(s)
good cause is shown for the thereof shall be expunged from the
admission of additional evidence. record.

The plaintiff must state in the The non-submission of the required

Statement of Claim/s if he/she/it is affidavits will cause the immediate
engaged in the business of lending, dismissal of the claim or
banking and similar activities, and counterclaim.
the number of small claims cases filed
within the calendar year regardless 8. Instances when the small
of judicial station. claims court can dismiss the case?

For juridical entities a board (a) The court has no jurisdiction over
resolution or secretary's certificate the subject matter;
authorizing the person to file the (b) There is another action pending
claim must be attached to the between the same parties for the
Statement of Claim/s. same cause;
(c) The action is barred by prior
No formal pleading, other than the judgment;
Statement of Claim/s described in (d) The claim is barred by the statute
this Rule, is necessary to initiate a of limitations;
small claims action. (e) The court has no jurisdiction over
the person of the defendant;
6. Effect if you don’t attach all (f) Venue is improperly laid;
evidence, documents to the statement (g) Plaintiff has no legal capacity to
of claims? sue;
(h) The Statement of Claim/s states
Then, the same shall be allowed no cause of action;
during the hearing UNLESS good (i) That a condition precedent for
cause is shown for the admission of filing the claim has not been
additional evidence. complied with; and
(j) Plaintiff failed to submit the
required affidavits, as provided in However, if the plaintiff is engaged in
Section 7 of this Rule. the business of lending, banking and
similar activities, and has a branch
The order of dismissal shall state if it within the municipality or city where
is with or without prejudice. the defendant resides or is holding
business, the Statement of Claim/s
If, during the hearing, the court is shall be filed in the court of the city
able to determine that there exists a or municipality where the defendant
ground for dismissal of the resides or is holding business. If there
Statement of Claim/s, the court are two (2) or more defendants, it
may, on its own initiative, dismiss the shall be filed in the court of the city
case even if such ground is not or municipality where any of them
pleaded in the defendant's resides or is holding business, at the
Response (Form 3-SCC). option of the plaintiff.

If plaintiff misrepresents that he/she/it 11. Can there be a joinder of

is not engaged in the business of claims in a single statement of claims
lending, banking, or similar activities involving separate claims? Inclusive
when in fact he/she/it is so engaged, or exclusive of interest?
the Statement of Claim/s shall be
dismissed with prejudice and plaintiff YES. Sec. 6. Joinder of
shall be meted the appropriate Claims. — Plaintiff may join in a
sanctions, including citation for direct single statement of claim one or
contempt. more separate small claims against
a defendant provided that the total
However, if the case does not fall amount claimed, exclusive of interest
under this Rule, but falls under and costs, does not exceed One
summary or regular procedure, or if Million Pesos (P1,000,000.00).
the case is filed under summary or
regular procedure but falls under this 12. Rules on payment of filing fees.
Rule, the case shall not be Can you be grated exception from
dismissed. Instead, the case shall be filing fees as an indigent?
re-docketed under the appropriate
procedure, and returned to the court Sec. 8. Payment of Filing
where it was assigned, subject to Fees. — The plaintiff shall pay the
payment of any deficiency in the docket and other legal fees
applicable regular rate of filing fees. prescribed under Rule 141 of the
9, Can the defendant file a motion to Revised Rules of Court, unless
dismiss under small claims? allowed to litigate as an indigent.
Exemption from the payment of filing
No. Prohibited motion under the fees shall be granted only by the
rules on expedited procedures. Supreme Court.

10. Rules on venue in small However, if more than five (5) small
claims? claims are filed by one party within
the calendar year, regardless of the
Sec. 5. Venue for Small Claims judicial station, an additional filing
Cases. — The regular rules on venue fee of Five Hundred Pesos
shall apply. (P500.00) shall be paid for every
claim filed after the fifth (5th) claim, A. If more than 5 small claims
and an additional One Hundred filed within the calendar year
Pesos (P100.00) or a total of Six
Hundred Pesos (P600.00) for every - After the 5th claim: 500 pesos (every
claim filed after the tenth (10th) claim: 6th, 7th, 8th, 9th, and 10th claims)
claim, and another One Hundred
Pesos (P100.00) or a total of Seven - After the 10th claim: 600 pesos (11th,
Hundred Pesos (P700) for every 12th, 13th, 14th and 15th claim)
claim filed after the fifteenth (15th)
claim, progressively and - After the 15th claim: 700 pesos
cumulatively.
NOTE: Indigent is not exempt from
If a case is dismissed without payment of P1,000.00) fee for
prejudice under Sec. 12 (f) of this service of summons and processes.
Rule, and is re-filed within one (1)
year from notice of dismissal, the 13. Verified response how many
plaintiff shall pay a fixed amount of days?
Two Thousand Pesos (P2,000.00) as Sec. 13. Response. — The defendant
filing fee, inclusive of the One shall file with the court and serve on
Thousand Peso (P1,000.00) fee for the plaintiff a duly accomplished and
service of summons and processes. verified Response (Form 3-
SCC) within a non-extendible period
If the plaintiff is engaged in the of ten (10) calendar days from receipt
business of lending, banking, and of Summons. The Response shall be
similar activities, the amount of filing accompanied by certified
and other legal fees shall be the photocopies of documents, as well
same as those applicable to cases as affidavits of witnesses and other
filed under the regular rules of evidence in support thereof. No
procedure. evidence shall be allowed during the
hearing which was not attached to or
A claim filed with a motion to sue as submitted together with the
indigent (Form 6-SCC) shall be Response, unless good cause is
referred to the Executive Judge for shown for the admission of
immediate action in case of multi- additional evidence.
sala courts. If the motion is granted
by the Executive Judge, the case Sec. 14. Effect of Failure to File
shall be raffled off or assigned to the Response. — Should the defendant
court designated to hear fail to file his/her/its Response within
small claims cases. If the motion is the required period, and likewise fail
denied, the plaintiff shall be given to appear on the date set for
five (5) calendar days within which to hearing, the court shall render
pay the docket fees, otherwise, the judgment within twenty-four (24)
case shall be dismissed without hours from the termination of the
prejudice. In no case shall a party, hearing, as may \be warranted by
even if declared an indigent, be the facts alleged in the Statement of
exempt from the payment of the One Claim/s and its attachments.
Thousand Peso (P1,000.00) fee for
service of summons and processes. 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 documentary evidence to support his
ascertain what defense he/she/it has defense, the court shall order
to offer, which shall constitute him/her/it to submit original copies of
his/her/its Response, proceed to such documents within three (3)
hear the case on the same day as if calendar days from the termination
a Response has been filed and, of the hearing and, upon receipt
thereafter, render judgment within thereof or expiration of the period to
twenty-four (24) hours from the file the court shall render judgment
termination of the hearing. If the within twenty four (24) hours.
defendant relies on documentary
evidence to support his defense, the 16. Non-appearance of the parties
court shall order him/her/it to submit
original copies of such documents Sec. 19. Non-appearance of
within three (3) calendar days from parties. —
the termination of the hearing and,
upon receipt thereof or expiration of Plaintiff
the period to file the court shall Failure of the plaintiff to appear shall
render judgment within twenty four be cause for the dismissal of the
(24) hours. Statement of Claim/s without
prejudice. The defendant who
14. Can there be a permissive appears in the absence of the
counterclaim? plaintiff shall be entitled to judgment
on the counterclaim.
YES. Provided that the amount and
nature thereof are within the Defendant
coverage of this rule and the Failure of the defendant to appear
prescribed docket and the other shall have the same effect as failure
legal fees are paid. to file a Response under Section 14
of this Rule. This shall not apply
15. Effect of Failure to File Response. where one of two or more defendants
who are sued under a common
The court shall render cause of action and have pleaded a
judgment within twenty-four (24) common defense appears at the
hours from the termination of the hearing.
hearing, as may be warranted by the
facts alleged in the Statement of Both parties
Claim/s and its attachments. Failure of both parties to appear
shall cause the dismissal with
Failed to file response but appeared prejudice of both the Statement of
on the hearing day Claim/s and the counterclaim.

the court shall ascertain what 17. Nature of the

defense he/she/it has to offer, which judgment/decision in small claims
shall constitute his/her/its
Response, proceed to hear the case Sec. 24. Decision. — After the
on the same day as if a Response has hearing, the court shall render its
been filed and, thereafter, render decision based on the facts
judgment within twenty-four (24) established by the evidence, within
hours from the termination of the twenty-four (24) hours from
hearing. If the defendant relies on termination of the hearing (Form 11-
SCC). The refund of the remaining
balance from the Sheriff's Trust (h) Petition for certiorari, mandamus,
Fund (STF), subject to accounting or prohibition against any
and auditing procedures, shall be interlocutory order issued by the
included in the decision. court;

The decision shall immediately be (i) Motion to declare the defendant in

entered by the Clerk of Court in the default;
court docket for civil cases and a
copy thereof forthwith served on the (j) Dilatory motions for
parties. postponement. Any motion for
postponement shall be presumed
The decision shall be final, executory dilatory unless grounded on acts of
and unappealable. God, force majeure, or physical
inability of a counsel or witness to
17. Can we file an MR first? personally appear in court, as
supported by the requisite affidavit
No. It is a prohibited motion. and medical proof;

18. Prohibited motions and (k) Rejoinder;

pleadings
(a) In civil cases, a motion to (l) Third-party complaints;
dismiss the complaint or the
statement of claim, and in criminal (m) Motion for and Complaint in
cases, a motion to quash the Intervention;
complaint or information, except on
the ground of lack of jurisdiction over (n) Motion to admit late judicial
the subject matter or failure to affidavit/s, position papers, or other
comply with the requirement evidence, except on the ground
of barangay conciliation, pursuant to of force majeure or acts of God;
Chapter VII, Title I, Book III of
Republic Act No. 7160; (o) Motion for judicial determination
of probable cause in criminal cases.
(b) Motion to hear and/or resolve
affirmative defenses; 19. Remedy?

(c) Motion for a bill of particulars; Certiorari fpr as it is grave abuse of

discretion amounting to excess or
(d) Motion for new trial, or for lack of jurisdiction.
reconsideration of a judgment on the
merits, or for reopening of No more plain, speedy, and
proceedings; adequate remedy. File with the RTC.

(e) Petition for relief from judgment; Summary Procedure

(f) Motion for extension of time to file *Does not exceed 2M

pleadings, affidavits or any other
paper; (1) Summary Procedure Cases,
as follows:
(g) Memoranda;
(a) Forcible entry and unlawful of Batas Pambansa Blg. 22 (the
detainer cases, regardless of the Bouncing Checks Law), if no
amount of damages or unpaid criminal action has been instituted
rentals sought to be recovered. therefor. Should a criminal action be
Where attorney's fees are awarded, later instituted for the same violation,
the same shall not exceed One the civil aspect shall be consolidated
Hundred Thousand Pesos with the criminal action and shall be
(P100,000.00). tried and decided jointly under the
Rule on Summary Procedure.
(b) All civil actions, except probate
proceedings, admiralty and maritime All other cases not included herein
actions, and small claims cases shall be governed by the regular
falling under Rule IV hereof, where rules of procedure.
the total amount of the plaintiff's
claim does not exceed Two Million 2. Amount claim is 800k and it
Pesos (P2,000,000.00), exclusive of was mistakenly docketed under SP,
interest, damages of whatever kind, does that fall under Summary
attorney's fees, litigation expenses procedure?
and costs.
No. It will only be redocketed to fall
(c) Complaints for damages where under either small claims or ordinary
the claim does not exceed Two procedure as the case may be.
Million Pesos (P2,000,000.00),
exclusive of interest and costs. 3. All pleadings should be
verified.
(d) Cases for enforcement
of barangay amicable settlement Yes. Section 1. Pleadings and
agreements and arbitration awards Verification. — The only pleadings
where the money claim exceeds One allowed to be filed are the complaint,
Million Pesos (P1,000,000.00), compulsory counterclaim, cross-
provided that no execution has been claim pleaded in the answer, and
enforced by the barangay within six reply, as provided in Section 8 of this
(6) months from the date of the Rule.
settlement or date of receipt of the
award or from the date the obligation All pleadings shall be verified.
stipulated or adjudged in the
arbitration award becomes due and 4. Once complaint is filed,
demandable, pursuant to Section what is the obligation of the
417, Charter VII of Republic Act No. court? What should the court do?
7160, otherwise known as The Local
Government Code of 1991.

(e) Cases solely for the revival of

judgment of any Metropolitan Trial
Court, Municipal Trial Court in Cities,
Municipal Trial Court, and Municipal
Circuit Trial Court, pursuant to Rule
39, Section 6 of the Rules of Court.

(f) The civil aspect of a violation