RRT 2010 - Rule of Procedure for Small Claims Cases

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RRT 2010 - Rule of Procedure for Small Claims Cases

  1. 1. THE
RULE
OF
PROCEDURES
FOR 
 SMALL
CLAIMS
CASES
 
&
THE
ADMINISTRATIVE
GUIDELINES 
 (EN
BANC
RESO.
FEB.
16,
2010) 
 Hon.
Maria
Filomena
Singh 
 Judge,
Regional
Trail
Court
85 
 2010
RBAP‐MABS
Regional
Roundtable
Conference
 Pan
Pacific
Hotel,
Malate,
Manila
 November
23,
2010 

  2. 2. THE RULE IS MANDATORY:PARTIES HAVE NO DISCRETION.“SEC. 2. Scope. – This Rule shall governthe procedure in actions before theMetropolitan Trial Courts, Municipal TrialCourts in Cities, Municipal Trial Courts, andMunicipal Circuit Trial Courts for payment ofmoney where the value of the claim doesnot exceed One Hundred Thousand Pesos(P100,000.00) exclusive of interest andcosts.”
  3. 3. “SEC. 4. Applicability. – The Metropolitan TrialCourts, Municipal Trial Courts in Cities, MunicipalTrial Courts, and Municipal Circuit Trial Courtsshall apply this Rule in all actions which are:(a) purely civil in nature where the claim or reliefprayed for by the plaintiff is solely for payment orreimbursement of sum of money, and (b) thecivil aspect of criminal actions, either filedbefore the institution of the criminal action, orreserved upon the filing of the criminal action incourt, pursuant to Rule 111 of the Revised Rulesof Criminal Procedure. xxx”
  4. 4. STEP1: DETERMINE IF CASE IS A SMALL CLAIM1. Pure money claim.2. P100,000.00 maximum exclusive of interestand costs [interest, damages, attorneys fees,litigation expenses, and costs] (BP 129, Sections 19.8 and 33.1; RSP, Section1, a.2)3. Anything in excess of P100,000.00 must bewaived; otherwise, NOT covered. NOTE: joinderof claims vs. multiplicity of suits and splittingcauses of action (Rule 2, Sections 3 and 4)4. BP 22 Cases: ONLY IF no complaint filed yetbefore the OCP
  5. 5. IF NOT A SMALL CLAIMQ: DOES IS STILL FALL WITHIN FIRSTLEVEL COURT JURISDICTION?1. NO: dismiss outright for lack of jurisdiction 2. YES: determine if claim is covered by regular or summary procedure, and issue the necessary order for re-docketing as such, WITHOUT NEED OF RE-RAFFLE
  6. 6. STEP 2: DETERMINE IF DISMISSIBLE OUTRIGHTA. “Dismiss the case outright on any of the groundsapparent from the claim for the dismissal of acivil action.” (Section 9, Rule)*cf. Section 1, Rule 16, ROC and Sections 4 and 22 RSP**Barangay Certificate to File Action: mandatoryunder R.A. No. 7160 cf. Section 1 (j), Rule 16, asa condition precedent for filing of an action [Morata v. Go, 125 SCRA 444 (1983); Sps. Virgilio Santosv. Sps. Lumbao, GR 169129, March 28, 2007] versus Aquino v. Aure, 546 SCRA 71 (2008)
  7. 7. STEP 3: IF NOT DISMISSIBLE OUTRIGHTISSUE SUMMONS AND NOTICE OF HEARING1. “Same day of receipt of Statement of Claim” =within 24 hours from receipt.2. Set hearing within 30 days from receipt, 60 daysmaximum if defendant resides outside judicial region.3. Give personal notice to any present party.4. Approve Estimate of Expenses for service ofsummons within 24 hours from filing.5. Minimum of 1 hearing day a week and at least 5cases per hearing.6. Dismiss for failure to prosecute (non-service)*Section 10, Rule, cf. Section 3, Rule 17 ROC
  8. 8. IMPORTANT NOTES ON FORMS, PLEADINGS AND MOTIONSStatement of Claim (Form 1-SCC)- verified; in duplicate + 2 certified copies ofactionable documents, affidavits, other evidence +certification against forum shopping- affidavits: facts of direct personal knowledgeResponse (Form 3-SCC)- verified; serve and file; + certified copies ofdocuments, affidavits, other evidence- effect of failure to file a response
  9. 9. PROHIBITED PLEADINGS AND MOTIONS1. Motion to dismiss2. Motion for a bill of particulars3. Motion for new trial, or for reconsideration of a judgment, or for reopening of trial4. Petition for relief from judgment5. Motion for extension of time to file pleadings, affidavits, or any other paper6. Memoranda7. Petition for certiorari, mandamus, or prohibition against an interlocutory order8. Motion to declare defendant in default9. Dilatory motions for postponement10. Reply11. Third party complaint12. Intervention [*Section 14, Rule]
  10. 10. STEP 4: HEARINGPart I: Opening Statement: nature, purpose, and the Rule itself (Section 20, Rule; Form 6-A)Part II: Settlement: confidentiality; mutuallybeneficial (Section 21, Rule) -- compromise agreements: drafting, review ofterms, courts discretion, confirmation, approval -- appearance of non-answering defendant:ascertain defense and proceed to hear, mediateor adjudicate as if a response has been filed(Sections 11 and 12, Rule) viz recognizeappearance only if willing to discuss settlement;waiver of confidentiality
  11. 11. APPEARANCE AT HEARING1. lawyers not allowed except if plaintiff ordefendant (Sections 17 and 16, Rule)2. partys personal appearance required EXCEPTrepresentative allowed IF (a) absence with validcause; (b) SPA (Form 5); (c) relative or next-of-kin(Section 16, Rule)3. postponement allowed: (a) request; (b) proof ofphysical inability; (c) once only (Section 19, Rule)4. non-appearance: by plaintiff = dismissal withoutprejudice; by defendant = judgment plus dismissalof counterclaim; by both = dismissal with prejudice(Section 18, Rule)
  12. 12. HEARING PROPERPart III: Hearing Proper1. Written motion to transfer case (Section 22,Rule; Form 10)2. Resolution and referral by original judge withinsame day of motion; re-assignment to new judgewithin same day as referral; hearing and decisionby new judge within 5 days from receipt– problem of single sala stations3. Hearing proper AFTER settlement efforts fail:informal and expeditious; terminate within 1 day(Section 22, Rule)
  13. 13. STEP 5: DECISION AND EXECUTION1. Decision issued on same day as hearing = 24 hours (Form 13-SCC; Section 23, Rule).2. Serve on all parties present; registered mail to others.3. Decision is final, unappealable, and immediatelyexecutory upon motion (Sections 23 and 24, Rule;Form 9).4. Enter dispositive portion of decision in book ofjudgments on date of its rendition.

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