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. THE RULE IS MANDATORY:
PARTIES HAVE NO DISCRETION.
“SEC. 2. Scope. – This Rule shall govern
the procedure in actions before the
Metropolitan Trial Courts, Municipal Trial
Courts in Cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts for payment of
money where the value of the claim does
not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and
costs.”

3. “SEC. 4. Applicability. – The Metropolitan Trial
Courts, Municipal Trial Courts in Cities, Municipal
Trial Courts, and Municipal Circuit Trial Courts
shall apply this Rule in all actions which are:
(a) purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or
reimbursement of sum of money, and (b) the
civil aspect of criminal actions, either filed
before the institution of the criminal action, or
reserved upon the filing of the criminal action in
court, pursuant to Rule 111 of the Revised Rules
of Criminal Procedure. xxx”

4. STEP1: DETERMINE IF CASE IS A
SMALL CLAIM
1. Pure money claim.
2. P100,000.00 maximum exclusive of interest
and costs [interest, damages, attorney's 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 be
waived; otherwise, NOT covered. NOTE: joinder
of claims vs. multiplicity of suits and splitting
causes of action (Rule 2, Sections 3 and 4)
4. BP 22 Cases: ONLY IF no complaint filed yet
before the OCP

5. IF NOT A SMALL CLAIM
Q: DOES IS STILL FALL WITHIN FIRST
LEVEL 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. STEP 2: DETERMINE IF
DISMISSIBLE OUTRIGHT
A. “Dismiss the case outright on any of the grounds
apparent from the claim for the dismissal of a
civil action.” (Section 9, Rule)
*cf. Section 1, Rule 16, ROC and Sections 4 and 22
RSP
**Barangay Certificate to File Action: mandatory
under R.A. No. 7160 cf. Section 1 (j), Rule 16, as
a condition precedent for filing of an action [Morata
v. Go, 125 SCRA 444 (1983); Sps. Virgilio Santos
v. Sps. Lumbao, GR 169129, March 28, 2007]
versus Aquino v. Aure, 546 SCRA 71 (2008)

7. STEP 3: IF NOT DISMISSIBLE
OUTRIGHT
ISSUE SUMMONS AND NOTICE OF HEARING
1. “Same day of receipt of Statement of Claim” =
within 24 hours from receipt.
2. Set hearing within 30 days from receipt, 60 days
maximum if defendant resides outside judicial region.
3. Give personal notice to any present party.
4. Approve Estimate of Expenses for service of
summons within 24 hours from filing.
5. Minimum of 1 hearing day a week and at least 5
cases per hearing.
6. Dismiss for failure to prosecute (non-service)
*Section 10, Rule, cf. Section 3, Rule 17 ROC

8. IMPORTANT NOTES ON FORMS,
PLEADINGS AND MOTIONS
Statement of Claim (Form 1-SCC)
- verified; in duplicate + 2 certified copies of
actionable documents, affidavits, other evidence +
certification against forum shopping
- affidavits: facts of direct personal knowledge
Response (Form 3-SCC)
- verified; serve and file; + certified copies of
documents, affidavits, other evidence
- effect of failure to file a response

9. PROHIBITED
PLEADINGS AND MOTIONS
1. Motion to dismiss
2. Motion for a bill of particulars
3. Motion for new trial, or for reconsideration of a judgment, or
for reopening of trial
4. Petition for relief from judgment
5. Motion for extension of time to file pleadings, affidavits, or
any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition against an
interlocutory order
8. Motion to declare defendant in default
9. Dilatory motions for postponement
10. Reply
11. Third party complaint
12. Intervention [*Section 14, Rule]

10. STEP 4: HEARING
Part I: Opening Statement: nature, purpose, and
the Rule itself (Section 20, Rule; Form 6-A)
Part II: Settlement: confidentiality; mutually
beneficial (Section 21, Rule)
-- compromise agreements: drafting, review of
terms, court's discretion, confirmation, approval
-- appearance of non-answering defendant:
ascertain defense and proceed to hear, mediate
or adjudicate as if a response has been filed
(Sections 11 and 12, Rule) viz recognize
appearance only if willing to discuss settlement;
waiver of confidentiality

11. APPEARANCE AT HEARING
1. lawyers not allowed except if plaintiff or
defendant (Sections 17 and 16, Rule)
2. party's personal appearance required EXCEPT
representative allowed IF (a) absence with valid
cause; (b) SPA (Form 5); (c) relative or next-of-kin
(Section 16, Rule)
3. postponement allowed: (a) request; (b) proof of
physical inability; (c) once only (Section 19, Rule)
4. non-appearance: by plaintiff = dismissal without
prejudice; by defendant = judgment plus dismissal
of counterclaim; by both = dismissal with prejudice
(Section 18, Rule)

12. HEARING PROPER
Part III: Hearing Proper
1. Written motion to transfer case (Section 22,
Rule; Form 10)
2. Resolution and referral by original judge within
same day of motion; re-assignment to new judge
within same day as referral; hearing and decision
by new judge within 5 days from receipt
– problem of single sala stations
3. Hearing proper AFTER settlement efforts fail:
informal and expeditious; terminate within 1 day
(Section 22, Rule)

13. STEP 5: DECISION AND
EXECUTION
1. 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 immediately
executory upon motion (Sections 23 and 24, Rule;
Form 9).
4. Enter dispositive portion of decision in book of
judgments on date of its rendition.