The Supreme Court approved, through A.M. No.

08-8-7-SC dated 9 September 2008, the proposed The Rule

of Procedure for Small Claims Cases (see full text). Heres the basic primer or discussion on the new
procedure.
What is the scope and applicabilty of the Rule?
It covers cases at the MTC where the value of the claim does not exceed P100,000.00, exclusive of interest and
costs. It applies 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. These claims or demands may be:
1. For money owed under any of the following contracts: Lease, Loan, Services, Sale, or Mortgage.
2. For damages arising from: Fault or negligence, Quasi-contract, or Contract
3. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim
covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local
Government Code of 1991.
Am I required to pay filing fees?
Unless allowed to litigate as an indigent, you have to pay the regular filing fees. In any case, even when
declared an indigent, you MUST pay the P1,000.00 fee for service of summons and processes in civil cases.
How to I apply as an indigent litigant?
The proper motion must be filed (click here for the requirements). If the motion is denied, you have 5 days
within which to pay the docket fees, otherwise the case will be dismissed.
Are lawyers allowed to appear?
No attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or
defendant.
What is the general flow of the procedure?
1. Commencement. A small claims action is commenced by filing with the court an accomplished and verified
Statement of Claim in duplicate, accompanied by a Certification of Non-forum Shopping, and 2 duly certified
photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other
evidence to support the claim. When requested, the Clerk of Court or other court personnel shall provide
assistance regarding the availability of forms and other information about the coverage, requirements as well
as procedure for small claims cases.
2. Examination by the court. The court may, from an examination of the allegations of the Statement of Claim
and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the
Claim for the dismissal of a civil action. If no ground for dismissal is found, the court shall issue: (a) Summons
on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response; and (b)
Notice to both parties, directing them to appear before it on a specific date and time for hearing, with a
warning that no unjustified postponement shall be allowed.

3. Response. The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified
Response (affidavits of witnesses and other evidence in its support) within a non-extendible period of 10 days
from receipt of summons. In case of faulure to file a Response, the court by itself shall render judgment as may
be warranted by the facts alleged in the Statement of Claim limited to what is prayed for.
4. Hearing. The parties or their duly-appointed representatives shall appear at the designated date of hearing.
Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice and the award
of permissive counterclaims in favor of the defendant who is present. Failure of the defendant to appear has the
same effect as the failure to file a Response.
5. Judicial Dispute Resolution (JDR). At the hearing, the judge shall conduct JDR through mediation,
conciliation, early neutral evaluation, or any other mode of JDR. If JDR fails and the parties agree in writing
that the hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so
proceed in an informal and expeditious manner and terminated within 1 day. Absent such agreement, the case
shall, on the same day, be referred to the pairing judge for hearing and decision within 5 working days from
referral.
6. Decision. After the hearing, the court shall render its decision on the same day. The decision shall be final
and unappealable.
What is the date of effectivity of this Rule?
The Rule of Procedure for Small Claims Cases took effect on October 1, 2008 for the pilot courts designated to
apply the procedure for small claims cases following its publication in two newspapers of general circulation.
Related Posts:
1. Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC; full text)
2. Rule on the Writ of Amparo (A.M. No. 07-9-12-SC; full text)
3. Salient Points of the Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
4. A.M. No. 07-7-12-SC (full text): Amendments to Rules 41, 45, 58 and 65 of the Rules of Court
5. Steps and Procedure in Annulment and Declaration of Nullity of Marriage
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7 thoughts on Basic Q&A on the Rule of Procedure for Small Claims Cases
1.

chinoyAugust 19, 2009 at 2:24 am

Dear Atty. Fred,

On the applicability of Rule of Procedure for Small Claims, is it retroactive or prospective? Do

existing claims prior to October 2008 apply to the said procedure?, If not, what is the legal recourse
of a defendant being harassed by collecting agents?
Thanks and best regards.
Chinoy
Reply

safrabayNovember 5, 2010 at 3:50 am

2.

This site is very relevant to cooperatives like us. Now my question, Attorney: The CoC of MCTC in
Bayugan, Agusan del Sur is charging us additional P500.00 for each individual we submit for small
claims cases (aside from P1,000.00 fee for service of summons and processes in civil cases +
P200.00 they said for the servers expenses). P1,200.00 is ok with us, it doesnt matter. We have
already submitted 1 case and that was decided instantly, thanks to our efficient judge here (we paid
P1,200.00). But when we submit another 5 cases this early we were asked by the courts CoC that
we pay an additional P500.00 each for Mediation Fund? Is this new?
Thanks.
safrabay
Reply
3.

huertasromeoJanuary 25, 2011 at 8:23 am

Dear Atty. Fred,
My query is relative to Chinoys response/comment posted last Aug. 19th, 2009 at 2:24 a.m.. My
accoutn for collection as per RCBC, through the DOMINGO & MOLAER Law Offices is P106,645.26.
Which I believe already includes, the penalties, interests, other charges which would make my
account just hovering a little less of P20,000.00 considering that payment was stopped around late
nineties
or
early
2000.
Is my case considered as A Small Claim Case? And can my wife be a mandatory party-defendant in
the Sum of Money Case pursuant to Rule 3, Sec. 4 of the New Rules of Court as cited by the
collecting
agent?
Whew, I thought, this was solved already after I wrote a letter for compassion and understanding to
Amb. Alfredo Yuchengco of RCBC last 2004 or 2005. And after how many years, here comes
another collecting agent.

Reply

plaintifOctober 30, 2014 at 1:31 am

4.

How will the court decide on cases wherein the defendant chooses not to appear or respond to
summons? How will the plaintif get his claims then?
Reply

curiouscaseFebruary 10, 2015 at 8:18 am

5.
Hi Atty,

If there is already a scheduled court hearing, can the defendant still pay for the required
amount/money owed even prior to going to the hearing and request for the case to be dropped?
Please advise.
Thanks.
Reply

LenFebruary 13, 2015 at 1:31 pm

6.
Hi Atty.,

We
had
a
client
who
did
not
pay
his
balance.
He
signed
a
document
from
us
that
he
will
pay
for
it.
We were still able to reach him over the phone for a follow up, after he signed the document until one
day his number is no longer active.
We sent him several letters (SOA Statement of Account) and it was always delivered back to our
office.
We already visited his house to personally check on him and to collect the balance, but hes no
longer there and his neighbor said hes already overseas.
Hope to hear an advice from you, as we are planning to file a case against him.
More power and God bless!
Len

Reply
7.

PerlitaApril 30, 2015 at 6:15 pm

Ako po ay umattend ng hearing 30 minutes earliear, subalit hindi po lumalabas ang judge at ang mga
mga representative po ng aking pinagkakautangan ay nakikipagcompromise sa ibang may
pagkakautang, pinili ko pong mag antay na lumabas ang judge dahil gusto kong pakiusap dahil hindi
ko kaya ang gustong compromise ng akin pinagkakautangan, after 30 minutes po ako po ay lumabas
para bumuli ng tubig sa kadahilanang nagdidilim na ang aking paningin at hindi parin po lumalabas
ang judge na nakaassigned sa amin, subalit pagbalik ko at nagtanong kung hindi pa po ba lalabas
ang judge at sinabihan ako na tapos na at naisulat na sa minutes na hindi ako dumating,
ipinaliwanag ko na maaga akong dumating at nag aantay na lumabas ang judge at mag umpisa,
sinabihan po ako na dapat ay lumapit ako para pumirma na naroroon ako. nakiusap ako na pipirma
ako ngunit ang pinalagay ay oras kung saan tapos na ang hearing at sinabihan na kausapin ko
nalang ang aking pinagkakautangan, sinubukan kong makiusap sa pinagkakautangan ko subalit
sinabihan ako na aantayin nalang nila ang desisyon ng korte pabor sa kanila dahilan sa hindi ko
pagdating sa hearing. kinabukasan ako po ay tumawag at muling nakiusap sa korte at sinabihan ako
na gumawa ako ng liham para sa nangyari nung araw na yun. kasalukuyan ko pong inaantay ang
magiging resulta sa aking ginawang liham. Ano po ang dapat kong gawin? tuluyan po bang
maaaward sa pinagkakautangan ko ang kaso? tulungan nyo po sana ako. Maraming salamat po.