Republic of the Philippines
SUPREME COURT
Manila
A.M. No. 08-8-7-SC
THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES
R E S O L U T I O N
Pursuant to the action of the Court en banc in its session held on October 27, 2009, Sections 11, 12, 14, 16, 21, and 22 of the Rule of Procedure for Small Claims Cases, including the attached Forms, are AMENDED to read as follows:
Section 11. 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.
THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 16 OF THE RULES OF COURT, SHOULD BE PLEADED.
Section 12. Effect of Failure to File Response. - Should the defendant fail to file his Response within the required period, AND LIKEWISE FAIL TO APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL RENDER JUDGMENT ON THE SAME DAY, AS MAY BE WARRANTED BY THE FACTS.
SHOULD THE DEFENDANT FAIL TO FILE RESPONSE WITHIN THE REQUIRED PERIOD BUT APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN WHAT DEFENSE HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR ADJUDICATE THE CASE ON THE SAME DAY AS IF A RESPONSE HAS BEEN FILED.
Section 14. 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 COMPLAINT;
(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;
(k) Third-party complaints; and
(l) Interventions.
Section 16. Appearance .- The parties shall appear at thedesignated date of hearing personally.
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-SKIN 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 5-SCC ) to enter into an amicable SETTLEMENT OF THE DISPUTE and to enter into stipulations or admissions of facts and of documentary exhibits.
Section 21. HEARING. - At the hearing, the judge shall EXERT EFFORTS TO BRING THE PARTIES TO AN AMICABLE SETTLEMENT OF THEIR DISPUTE. Any settlement ( Form 7-SCC ) or resolution ( Form 8-SCC ) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval ( Form 12-SCC ).
SETTLEMENT DISCUSSIONS SHALL BE STRICTLY CONFIDENTIAL AND ANY REFERENCE TO ANY SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL BE PUNISHABLE BY CONTEMPT.
Section 22. Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearing shall proceed in an informal and expenditious 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 WITH EXISTING ISSUANCES.
THE REFERRAL BY THE ORIGINAL JUDGE TO THE EXECUTIVE JUGDE SHALL BE MADE WITHIN THE SAME DAY THE MOTION IS FILED AND GRANTED, AND BY THE EXECUTIVE JUDGE TO THE DESIGNATED JUDGE WITHIN THA 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 REASIGNMENT.
The amendments of the Rule shall take effect on November 3, 2009 following its publication in two (2) newspapers of general circulation.
October 27, 2009
Signed REYNATO S. PUNO
Chief Justice
Signed LEONARDO A. QUISUMBING
Associate Justice |
Signed ANTONIO T. CARPIO
Associate Justice |
(on leave)
RENATO C. CORONA
Associate Justice |
(on leave)
CONCHITA CARPIO MORALES
Associate Justice |
Signed MINITA V. CHICO-NAZARIO
Associate Justice |
(on leave)
PRESBITERO J. VELASCO, JR.
Associate Justice |
(on leave)
ANTONIO EDUARDO B. NACHURA
Associate Justice |
(on leave)
TERESITA J. LEONARDO-DE CASTRO
Associate Justice |
Signed ARTURO D. BRION
Associate Justice |
Signed DIOSDADO M. PERALTA
Associate Justice |
LUCAS P. BERSAMIN
Associate Justice |
(on leave)
MARIANO C. DEL CASTILLO
Associate Justice |
Signed ROBERTO A. ABAD
Associate Justice
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