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JURISDICTION OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL

TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, AND MUNICIPAL


TRIAL COURTS IN CITIES

Actually, when you know the jurisdiction of the RTC, automatically you know
the jurisdiction of the MTC. In criminal cases for example, RTC has jurisdiction
when the penalty imposable is imprisonment of more than 6 years until death
penalty. So, necessarily, if it is 6 years or below, the MTC has jurisdiction. Same
with civil cases.

Summary of jurisdiction of MTC:


A.) As to original jurisdiction Section 33
B.) As to delegated jurisdiction Section 34
C.) As to special jurisdiction Section 35

Sec. 33. Jurisdiction of Metropolitan Trial Courts,


Municipal Trial Courts and Municipal Circuit Trial Courts
in civil cases. - Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts shall
exercise:

1) Exclusive original jurisdiction over civil


actions and probate proceedings, testate and
intestate, including the grant of provisional
remedies in proper cases, where the value of the
personal property, estate, or amount of the demand
does not exceed One hundred thousand pesos
(P100,000.00) or, in Metro Manila where such personal
property, estate, or amount of the demand does not
exceed two hundred thousand pesos (P200,000.00),
exclusive of interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs, the
amount of which must be specifically alleged:
Provided, That interest, damages of whatever kind,
attorney's fees, litigation expenses, and costs shall
be included in the determination of the filing fees:
Provided further, That where there are several claims
or causes of actions between the same or different
parties, embodied in the same complaint, the amount
of the demand shall be the totality of the claims in
all the causes of action, irrespective of whether the
causes of action arose out of the same or different
transactions.

RA 7691, Sec. 5. After five (5) years from the effectivity


of this Act, the jurisdictional amounts mentioned in Sec.
19(3), (4), and (8); and Sec. 33(1) of Batas Pambansa Blg. 129
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as amended by this Act, shall be adjusted to Two hundred
thousand pesos (P200,000.00). Five (5) years thereafter, such
jurisdictional amounts shall be adjusted further to Three
hundred thousand pesos (P300,000.00): Provided, however, That
in the case of Metro Manila, the abovementioned jurisdictional
amounts shall be adjusted after five (5) years from the
effectivity of this Act to Four hundred thousand pesos
(P400,000,00).

RA 7691 (An Act Expanding the Jurisdiction of the


Metropolitan Courts, Municipal Trial Courts in Cities,
Municipal Circuit Trial Courts and Municipal Trial Courts,
Amending for the Purpose BP 129, Otherwise Known as the
Judiciary Reorganization Act of 1980) which took effect on
April 15, 1994 expanded the jurisdiction of the first level
courts by increasing the jurisdictional amounts or assessed
values as determinants of jurisdiction.

a. Original Jurisdiction
1. Civil Actions
1.1. Exclusive

1.1.1. Actions involving personal property valued at not more than P300,000.00 or in
Metro Manila P400,000.00;

1.1.2. Actions demanding sums of money not exceeding P300,000.00 or in Metro


Manila P400,000.00; in both cases, exclusive of:
a. interest,
b. damages,
c. attorneys fees,
d. litigation expenses and
e. costs, the amount of which must be specifically alleged, but the filing fees thereon
shall be paid. These include admiralty and maritime cases;

1.1.3. Actions involving title or possession of real property where the assessed value
does not exceed P20,000.00 or in Metro Manila P50,000.00;

1.1.4. Provisional remedies in principal actions within their jurisdiction, and in


proper cases, such as preliminary attachment, preliminary injunction, appointment
of receiver and delivery of personal property; (Rule 57, 58, 59, and 60)

1.1.5. Forcible entry and unlawful detainer, with jurisdiction to resolve issue of
ownership to determine issue of possession;
1.1.6. Probate proceedings, testate or intestate, where gross value of estate does not
exceed P300,000.00 or in Metro Manila P400,000.00 (Batas Pambansa Blg. 129, Sec.
33, as amended by Rep. Act No. 7691); and

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1.1.7. Inclusion and exclusion of voters. (Sec. 38, Batas Pambansa Blg. 881, Omnibus
Election Code of the Philippines [1985]).

1.2. Delegated Cadastral and land registration cases assigned by the Supreme
Court where there is no controversy or opposition and in contested lots valued at
more than P100,000.00 (Batas Pambansa Blg. 129, Sec. 34, as amended by Rep. Act
No. 7691).

1.3. Special Petition for habeas corpus in the absence of all Regional Trial Court
judges (Batas Pambansa Blg. 129, Sec. 35).

a. For cases capable of pecuniary estimation-

Well if you know the jurisdiction of the RTC on money claims automatically you
will also know that of the MTC.

Under the law, it is only the principal claim or the main claim which is
computed. Interest, damages of whatever kind, attorneys fees, litigation expenses
and cost are not included in determining the jurisdiction when they are merely
incidental to or a consequence of the main cause of action. However, in cases where
the claim for damages is the main cause of action, or one of the causes of action, the
amount of such claim shall be considered in determining the jurisdiction of the
court.

What is interest?

In a case, Y borrowed money (P40,000.00) from X in 1998 expressly agreeing to


pay the principal amount of the loan, plus 15% interest. When Y failed to pay, X
sued him for sum of money in the RTC. While the principal amount was only
P40,000.00 the amount of the demand per allegation in the complaint was
P238,000.00 which included interest since 1998 up to the filing of the complaint.
When the complaint was filed, the jurisdictional amount of the RTC was still in
excess of P200,000.00 as it was only in 2004 when the maximum amount of
P300,000.00 was applied to the MTC outside of Metro Manila.

The issue was whether the interest should be included in determining the
jurisdictional amount.

The Supreme Court ruled:

Since the interest on the loan is a primary and inseparable component of the
cause of action, not merely incidental thereto, and already determinable at the time
of the filing of the Complaint, it must be included in the determination of which
court has jurisdiction over petiti0ners case. Using as basis the P238,000.00 amount
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being claimed by petitioner from respondent for payment of the principal loan and
interest, this Court finds that it is well within the jurisdictional amount fixed by law
for RTCs(Gomez v. Montalban, 548 SCRA 693).

The TOTALITY RULE

Now, continuing with Section 33 of BP 129,as amended, it says there in


paragraph [1]:

Provided further, That where there are several


claims or causes of actions between the same or
different parties, embodied in the same complaint,
the amount of the demand shall be the totality of the
claims in all the causes of action, irrespective of
whether the causes of action arose out of the same or
different transactions.

Under This rule, where there are several claims or causes of actions between the
same or different parties, embodied in the same complaint, the amount of the
demand shall be the totality of the claims in all the causes of action, irrespective of
whether the causes of action arose out of the same or different transactions (Sec. 33
as amended by RA No. 7691; PANTRANCO North Express Inc. vs. Standard
Insurance Company Inc., 453 SCRA 482).

ILLUSTRATION of joinder of causes of action:

The defendant secured from me two loans covered by 2 promissory notes and
all of them are due and he has not paid me any. Let's say each note covers a
principal amount of P175,000.00.

I decided to file one complaint embodying 2 causes of action against him


although I have the option also to file 2 separate complaints. If you will look at the
value of each claim which is P175,000 that is triable by the MTC but if you will add
the claims that will be P350,000.00.
Q: Which court will have jurisdiction?

A: The RTC because the jurisdictional amount is the total amount.


Never mind that there are 2 separate loans because the law says irrespective of
whether the cause of action arose out of the same or different transactions.

In the example, there are two causes of action arising from two separate
transactions. Illustrate a joinder of causes of action arising from only one
transaction.

Suppose the loan is payable in installments on separate dates. Each failure is a


cause of action.
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Now in the examples, there is only one plaintiff and one defendant.

What about when there are several plaintiffs or defendants?

EXAMPLE: There are four (4) passengers riding on a public vehicle. They were
all injured when the bus met an accident and all of them were hospitalized. So after
they were discharged, the four of them wanted to sue the bus company for damages
arising from contract of carriage or culpa contractual. They decided to file only one
complaint and, in effect, joined the 4 causes of action.
Q: What will be now the basis of jurisdiction the claim of each plaintiff or the
totality of the claims of the 4 plaintiffs?
A: The totality of the claims. You apply the totality rule because the law says
where there are several claims or cause of action between the same or different
parties.

So whether the parties are the same or the parties are different embodied in the
same complaint the amount of the demand shall be the totality of the claims the
totality rule applies in both situations.

Totality Rule subject to rule on joinder of parties

Where two or more plaintiffs, having separate causes of action, sue one
defendant or a plaintiff sues one or more defendants in a single complaint, based on
several causes of action for or against each other, respectively, the totality rule
applies only where there is a common question of fact and law among them as
provided in Section 6 of Rule 3.

When there are several parties-plaintiffs or defendants and there are several
causes of action, as in the last example given, when you join the causes of action
there will necessarily be a joinder of parties. In such a case there can only be a
proper joinder of causes of action when there is a proper joinder of parties and the
totality rule applies only when the joinder is proper.

When is a joinder of parties proper?

It is proper when there is a common question of fact and law. Note also that
joinder of parties is permissive (Sec. 6, R3)

b. Actions involving personal property-

It is the value of the personal property which determines jurisdiction and the
threshold value is not exceeding P300,000.00 outside of Metro Manila and
P400,000.00 in Metro Manila.

c. In probate proceedings-
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It is the gross value of the estate that determines and the threshold is not
exceeding P300,000.00 outside Metro Manila and P400,000.00 in Metro Manila.

d. Jurisdiction of the MTC in Forcible Entry and Unlawful Detainer

Sec. 33[2] Exclusive original jurisdiction over


cases of forcible entry and unlawful detainer:
Provided, That when, in such cases, the defendant
raises the question of ownership in his pleadings and
the question of possession cannot be resolved without
deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the
issue of possession. x x x x

These are called accion interdictal and the only issue is physical possession of the
property. The two cases should not be confused with accion publiciana which is
also the recovery of possession.
In unlawful detainer, the plaintiff prays not only to eject the defendant but also
to claim for back rentals or the reasonable amount of the use and occupation of the
property in case of forcible entry.

Q: Suppose the unpaid rentals already amount to almost half a million pesos,
where should the case be filed?
A: The case should still be filed with the MTC. What determines jurisdiction is
the nature of the action, and not the amount of recoverable rentals.

Q: In an action for forcible entry or unlawful detainer, can the party present
evidence of ownership?
A: The general rule is NO because the MTC cannot adjudicate ownership. That
has to be threshed out in the proper civil action in the RTC. But if evidence of
ownership is presented in the forcible entry or unlawful detainer case, it is only
incidental and it is only resolved to determine the issue of possession. Such
declaration of ownership is not final. The question of ownership must be litigated in
a separate action in the RTC.

Let us now proceed to the third paragraph of Section 33 as amended by R.A.


7691:

e. Jurisdiction over Real Actions other then Forcible Entry and Unlawful
Detainer-

[3] Exclusive original jurisdiction in all civil


actions which involve title to, or possession of,
real property or any interest therein where the
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assessed value of the property or interest therein
does not exceed Twenty thousand pesos (P20,000.00)
or, in civil actions in Metro Manila, where such
assessed value does not exceed Fifty thousand pesos
(P50,000.00) exclusive of interest, damages of
whatever kind, attorney's fees, litigation expenses
and costs: Provided, That in cases of land not
declared for tax purposes, the value of such property
shall be determined by the assessed value of the
adjacent lots. (As amended by RA 7691)

Title v. Certificate of title-

Title is the claim, right or interest in real property while certificate of title is
the document of ownership issued under the Torrens system of registration issued
by the government thru the Register of Deeds and therefore is the evidence of such
claim, right or interest.

Aside from forcible entry and unlawful detainer, MTCs now have jurisdiction
over other real actions or actions involving title to or possession, or any interest
therein, like accion publiciana and accion reinvidicatoria cases where the assessed
value of the land should not exceed P20,000. In Metro Manila, it is not exceeding
P50,000 In cases of land not declared for taxation purposes, the value of such
property shall be determined by the assessed value of the adjacent lots.. That is the
amendment brought about by RA 7691, which expanded the jurisdiction of the
MTC.

An action involving title to real property means that the plaintiffs cause of
action is based on a claim that he owns such property or that he has legal rights to
have exclusive control, possession, enjoyment or disposition of the same. Title is the
legal link between 1) a person who owns the property, and 2) the property itself
(Heirs of Sebe v. Heirs of Sevilla, 603 SCRA 395, 404; Padlan v. Dinglasan, 694 SCRA
91, 100)

An accion reivindicatoria is a suit which has for its object the recovery of
possession over the real property as owner. It involves recovery of ownership and
possession based on said ownership.
An accion publiciana is one for the recovery of possession or the right to possess.
It is also referred to as an ejectment suit after the expiration of one year after the
occurrence of the cause of action or from the unlawful withholding of possession of
the realty. It is considered a plenary action to recover the right of possession when
dispossession is effected by means other than unlawful detainer or forcible entry.

What is the Assessed value?

The assessed value of real property can have reference only to the tax rolls in the
municipality where the property is located, and is contained in the tax declaration.
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It is elementary that the tax declaration indicating the assessed value of the property
enjoys the presumption of regularity as it has been issued by the proper
government agency (Hilario vs. Salvador, 457 SCRA 815).

In Vda. De Barrera vs. Heirs of Legaspi, GR No. 174346, Sept. 12, 2008, the facts
point to a complaint for reconveyance of possession of real property with
preliminary injunction and damages filed in the RTC of Tangub City. One of the
defenses raised by the defendants was the courts lack of jurisdiction over the
complaint, the assessed value of the subject property as reflected in the
uncontroverted tax declaration is only P11,160.00. The trial court, in its decision,
rejected the contention of the defendant holding that since the complaint alleged the
estimated value of the land as P50,000.00, such allegation must prevail over the
assessed value of P11,160.00 relied upon by the defense. What determines the
nature of the action and the jurisdiction over the complaint, said the trial court, are
the facts alleged in the complaint and not those alleged in the answer of the
defendants. The CA affirmed.
On appeal by certiorari the SC held:

The subject land has an assessed value of P11,160.00 as reflected in the Tax
Declaration No. 7565, a common exhibit of the parties. The bare claim of
respondents that it has a value of P50,000.00 thus fails. The case, therefore, falls
within the exclusive original jurisdiction of the municipal trial court.
It was error then for the RTC to take cognizance of the complaint based on the
allegation that the present estimated value of the land is P50,000.00The
estimated value, commonly referred to as the fair market value of the property.

Read: Heirs of Sebe v. Heirs of Sevilla, 603 SCRA 395, 402-403

In Barangay Piapi v. Talip, 469 SCRA 409, 413, the Court said that where the
ultimate objective of the plaintiffs is to obtain title to real property, it should be filed
in the proper court having jurisdiction over the assessed value of the property
subject of the property thereof.

Such rule applies also when based on the allegations in the complaint and the
relief prayed for the ultimate objective is to obtain title to property in an action for
reconveyance of title to real property, cancellation of title to real property or
quieting of title to real property.

Read:
Ruby Shelter Builders and Realty Development Corporation v. Formaran III, 578
SCRA 283, 300-301);
Maslog v. Monzan, GR No. 174908, June 17, 2013; and
Heirs of Valeriano Concha, Sr. v. Sps. Lumocso, 540 SCRA 1.

JBD 48
f. Delegated jurisdiction-

Sec. 34. Delegated Jurisdiction in Cadastral and


Land Registration Cases. - MetTCs, MTCs and MCTCs may
be assigned by the Supreme Court to hear and
determine cadastral or land registration cases
covering lots where there is no controversy or
opposition, or contested lots where the value of
which does not exceed One hundred thousand pesos
(P100,000.00), such value to be ascertained by the
affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or
from the corresponding tax declarations of the real
property. Their decisions in these cases shall be
appealable in the same manner as decisions of the
RTCs. (As amended by RA 7691)

As a rule cadastral and land registration cases


fall under the jurisdiction of the RTC.

What is the difference between a land registration proceeding and a cadastral


proceeding?

Cadastral is compulsory registration.

This is related to your study of Land, Titles and Deeds (The Property Registration
Decree). When you file a petition for land registration, the object is to have your
property registered and fall under the Torrens System of the Land Registration.

Q: Now, what is this delegated jurisdiction all about?


A: It refers only to cadastral and land registration cases, which involve the titling
of property under the Torrens system or cadastral land registration.

Under the Property Registration Decree, only the RTC has authority to entertain
land registration and cadastral cases. But now, Section 34 gives the Supreme Court
the authority to DELEGATE to MTCs to hear and decide land registration and
cadastral cases under the following conditions:
1.) when there is no controversy or nobody is contesting your petition; or
2.) even if the petition is contested where the value of the land to be titled does
not exceed P100,000.

In which case, these MTCs can decide and their decisions are appealable directly
to the CA because in exercise of delegated jurisdiction it is acting as an RTC.

JBD 49
The value of the lot shall be ascertained by the affidavit of the claimant or by
agreement of the respective claimants if there are more than one, or from the
corresponding tax declaration of the real property.

Now do not confuse this P100,000 (Section 34) with the P20,000 under Section 33.
Section 34 deals with cadastral and land registration cases. Section 33 involves civil
cases (accion publiciana, etc.)

Presently, jurisdiction over an application for land registration remains with the
RTC where the land is situated, except when such jurisdiction is delegated by the
Supreme Court to the Metropolitan Trial Court, Municipal Trial Courts, and
Municipal Circuit Trial Courts under certain circumstances (City of Dumaguete v.
PPA, GR No. 168973, Aug. 24, 2011)

g. Special jurisdiction-

Sec. 35. Special jurisdiction in certain cases.


- In the absence of all the Regional Trial Judges in
a province or city, any Metropolitan Trial Judge,
Municipal Trial Judge, Municipal Circuit Trial Judge
may hear and decide petitions for a writ of habeas
corpus or applications for bail in criminal cases in
the province or city where the absent Regional Trial
Judges sit.

This is what we call special jurisdiction. It only applies to two (2) types of cases:
(1) Habeas corpus and (2) hearing of petitions for bail.

Remember that habeas corpus is not within the jurisdiction of the MTC. It is with
the RTC. In an application for bail the RTC also has jurisdiction because the offense
may be a heinous one, but under the law on criminal procedure you can file a
petition for bail to have your temporary freedom while the case is going on. Thats
supposed to be in the RTC.

But suppose there is no available RTC judge, all of them are sick or all of them
are attending a convention (this actually happened in Davao in 1990) Section 35
provides that the MTC, in the absence of RTC judges, can hear and decide on
habeas corpus case petitions and applications or petitions for bail in criminal cases.

That is allowed because of the urgency of the situation. There is no need for a SC
authorization. However, this is only allowed in the absence of the RTC judges. But
if the RTC judge comes back, he has to take over the petition.

Jurisdiction over small claims; cases covered by the rules on Summary


Procedure and Barangay Conciliation
Small Claims Cases (A.M. No. 08-8-7-SC, effective October 1, 2008)
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All actions which are: (a) purely civil in nature where the claim of relief prayed for by the
plaintiff is solely for payment or reimbursement or sum of money, and (b) the civil aspect 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, where the value of the claim does not
exceed One Hundred Thousand Pesos (P100,000.00), exclusive of interest and costs.

Rule on Summary Procedure


A. Civil Cases
1. All cases of forcible entry and unlawful detainer, irrespective of the amount of damages or
unpaid rentals sought to be recovered. Where attorney's fees are awarded, the same shall not
exceed twenty thousand pesos (P20,000.00).
2. All other cases, except probate proceedings, where the total amount of the plaintiff's claim
does not exceed one hundred thousand pesos (P100,000.00) or, two hundred thousand pesos
(P200,000.00) in Metropolitan Manila, exclusive of interest and costs." (A.M. No. 02-11-09-
SC, which took effect on November 25, 2002)

Barangay Conciliation
All disputes are subject to Barangay conciliation pursuant to the Revised Katarungang
Pambarangay Law [formerly P. D. 1508, repealed and now replaced by Secs. 399-422,
Chapter VII, Title I, Book III, and Sec. 515, Title I, Book IV, R.A. 7160, otherwise known as
the Local Government Code of 1991], and prior recourse thereto is a pre-condition before
filing a complaint in court or any government offices, except in the following disputes:
[1] Where one party is the government, or any subdivision or instrumentality thereof;
[2] Where one party is a public officer or employee and the dispute relates to the
performance of his official functions;
[3] Where the dispute involves real properties located in different cities and
municipalities, unless the parties thereto agree to submit their difference to
amicable settlement by an appropriate Lupon;
[4] Any complaint by or against corporations, partnerships or juridical entities,
since only individuals shall be parties to Barangay conciliation proceedings either as
complainants or respondents [Sec. 1, Rule VI, Katarungang Pambarangay Rules];
[5] Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties thereto
agree to submit their differences to amicable settlement by an appropriate Lupon;
[6] Offenses for which the law prescribes a maximum penalty of imprisonment exceeding
one [1] year or a fine of over five thousand pesos (P5,000.00);
[7] Offenses where there is no private offended party;
[8] Disputes where urgent legal action is necessary to prevent injustice from being
committed or further continued, specifically the following:
[a] Criminal cases where accused is under police custody or detention [See Sec. 412 (b) (1),
Revised Katarungang Pambarangay Law];
[b] Petitions for habeas corpus by a person illegally deprived of his rightful custody over
another or a person illegally deprived of or on acting in his behalf;
[c] Actions coupled with provisional remedies such as preliminary injunction, attachment,
delivery of personal property and support during the pendency of the action; and
[d] Actions which may be barred by the Statute of Limitations.
[9] Any class of disputes which the President may determine in the interest of justice or upon
the recommendation of the Secretary of Justice;

JBD 51
[10] Where the dispute arises from the Comprehensive Agrarian Reform Law (CARL) [Secs.
46 & 47, R. A. 6657];
[11] Labor disputes or controversies arising from employer-employee relations [Montoya vs.
Escayo, et al., 171 SCRA 442; Art. 226, Labor Code, as amended, which grants original and
exclusive jurisdiction over conciliation and mediation of disputes, grievances or problems to
certain offices of the Department of Labor and Employment];
[12] Actions to annul judgment upon a compromise which may be filed directly in court [See
Sanchez vs. Tupaz, 158 SCRA 459].

Rule on SUMMARY PROCEDURES

By: Alfredo F. Tadiar

I. CONCEPT OF SUMMARY PROCEDURES


In essence, all rules on summary procedures provide for abbreviated
periods within which to do certain acts, such as:

1) filing of required pleadings/papers, and


2) rendition of judgment.

The reason for such shortened periods is that the issue or issues to be
resolved summarily are simple and not complex. Thus, in seeking to enforce
an arbitration agreement in a contract, the only issue is whether the parties
had entered into that agreement knowingly, intelligently and voluntarily.

II. NATURE AND PURPOSE


Summary procedure is in accord with the Constitutional mandate for
the Supreme Court to promulgate rules that will provide a simplified and
inexpensive procedures for the speedy disposition of cases.

The original Rule on Summary Procedures for Summary Procedures


in Special Cases was promulgated on August 1, 1983. This was pursuant to
BP. 129, otherwise known as the Judiciary Reorganization Act of 1980. Said
statutory provision authorizes the promulgation of special rules to achieve an
expeditious and inexpensive determination (of cases) without regard to
technical rules.6

After more than seven years in operation, on November 15, 1991,7 the
Revised Rule on Summary Procedures promulgated by the Supreme Court
became effective. On October 1, 2008, the Rule of Procedure for Small Claims
Cases was promulgated also with the same objective of expediting the resolution of
disputes in the shortest time possible.

III. THE REVISED RULE ON SUMMARY PROCEDURES

A. Features

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1. To Accomplish its Laudable Objective, the Rule Prohibits the Filing of Certain
Motions and Pleadings8 The plain purpose of this prohibition is for the court
not to get entangled in procedural matters that will prevent it from going into
the merits of the controversy itself. Such wastage of judicial time delays
resolution of the dispute and makes it more expensive for the parties, contrary to the
constitutional mandate of rules that provide a simplified, inexpensive, and speedy
determination of every action.9

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 or to quash the complaint or information except
on the ground of lack of jurisdiction over the subject matter or failure to comply with
the preceding section (failure to undergo conciliation under the KB Law);
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment or for re-opening 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;
(l) Interventions.

2. The Judge is Empowered to Dismiss the Case Outright on Any of the


Grounds Apparent therefrom for the Dismissal of a Civil Action10
This is intended to make the judges in summary proceedings more active than
passive as they usually are in normal judicial proceedings.

In a case handled by the author as defense counsel, he filed a Motion to Assist the
Court Perform its Duty to Determine that the Case should be Dismissed Outright.

He argued from three premises:

1) a judge is much too busy to personally look for a ground to dismiss the case;

2) if the case is dismissed on the judges own initiative, the suspicion cannot be
escaped that he was biased in favor of the defendant and this may lead to a motion
to inhibit the judge or an administrative disciplinary action against the judge; and

3) it is the burden of defense counsel to point out, as he is doing by said motion, the
grounds for dismissing the case outright.

The motion was accepted and the case dismissed.

JBD 53
The lesson that may be learned from this is for judges to take an attitude of liberality
in accepting such innovative interventions of lawyers to attain the objective of
summary procedures.

3. Submission of Affidavits in Lieu of Direct Testimony of Witnesses11


This procedure was patterned after the presentation of evidence in arbitration
processes. By adopting it, much time spent for the presentation of a witness on
direct examination is dispensed with. This requirement is modeled from a specific
rule in construction arbitration proceedings.12

4. Cross-Examination is Made on the Basis of Such Affidavits on the Day of


Trial13
Generally, manifestations of counsel, additional direct examination questions, or
modifications in the affidavits that are sought to be made by counsel, should be
denied. Counsel should be directed to proceed with the cross-examination as the
parties have been forewarned.

Despite being sworn to before a notary public or any other official, the judge usually
requires affiant-witnesses to affirm the veracity of their affidavit and that they
voluntarily executed and understood the same.

5. Submission of Position Papers, Together with the Affidavits


This is in lieu of a memorandum of arguments that is usually submitted at the end of
the trial. Memoranda are now prohibited from being filed by any party.14 In
arbitration proceedings, what is required to be submitted at the conclusion
of a trial is Claimants (or Respondents) Draft Decision.

The advantage of requiring parties to submit draft decisions in their own favor is that
they are being asked to take the role of a neutral judge and, therefore, must address
the arguments of the opposing side. A position paper simply loads
everything favorable to the side presenting that position.

Another effective technique is to require parties to argue on each issue that have
been formulated for resolution. Such formulation of issues is contained in the Terms
of Reference (TOR) for arbitration and in the Pre-Trial Order in judicial
proceedings.

6. No Extension of Periods15
In Gachon v. Guevara,16 the Supreme Court held that the period for filing
pleadings in cases covered by the Rule on Summary Procedure shall be non-
extendible.

7. Limited Amount of Award for Attorneys Fees.17

B. Applicability -Not Applicable to RTC in Appealed Cases

JBD 54
This Rule shall govern the summary procedures in all First Level Courts only.18
Thus, on appeal from an adverse judgment in an unlawful detainer case under
summary procedures, the RTC is not bound to observe the same rule on summary
procedures.19 Accordingly, the RTC may validly take cognizance of a motion for
reconsideration of its decision rendered in the exercise of its appellate
jurisdiction over decisions of the first level courts in ejectment cases.20

C. Coverage/Scope21
I. Civil Cases P
1. All cases of forcible entry and unlawful detainer, irrespective of the amount of
damages or unpaid rentals sought to be recovered.
2. All other cases, except probate proceedings,22 where the total amount of the
plaintiff's claim does not exceed P100,000.00 outside of Metro Manila, or does not
exceed P200,000.00 in Metro Manila, exclusive of (i) interests; and (ii) costs.
Probate proceedings are not covered even if the gross value of the estate does not
exceed P100,000.00 (Sec. 1A, 1991 Revised Rule on Summary Procedure, as
amended by Ad. M. No. 02-11-09-SC effective Nov. 25, 2002).

II. Criminal Cases


1. Violations traffic laws, rules and regulations;
2. Violations of the rental law;
3. Violations of municipal or city ordinances;
4. Violations of Batas Pambansa Bilang 22 (Bouncing Checks
Law);24
5. All other criminal case where the penalty prescribed by law for
the offense charge is imprisonment not exceeding six months or
a fine not exceeding one thousand pesos (P1,000.00), or both,
irrespective of other imposable penalties, accessory or
otherwise, or of the civil liability arising from the offense,
provided, however, that in offenses involving damage to
property through criminal negligence, this Rule shall govern
where the imposable fine does not exceed ten thousand pesos
(P10,000.00).

D. Jurisprudence
1. Summary rules of procedures is mandatory in ejectment25 cases and, therefore,
the period for filing pleadings in cases covered by the rule on summary procedures
shall be non-extendible.26

2. Thus, Defendant is required to file his answer within ten (10) days from service of
summons and serve a copy thereof on the plaintiff.27 Affirmative and negative
defenses not pleaded therein shall be deemed waived except lack of jurisdiction
over the subject matter. Cross claims and compulsory counterclaims
not asserted in the answer shall be considered barred.

JBD 55
3. The answer to counterclaims or cross-claims shall be served and filed within ten
(10) days from service of the answer in which they are pleaded.28

4. In Gachon, the Supreme Court excluded the answer of Defendant that was filed
five (5) days late.

5. A speedy resolution of unlawful detainer cases is a matter of public policy.29

6. Immediate execution of judgment rendered against defendant, unless sufficient


supersedeas bond was filed by him and approved by MTC executed in favor of the
plaintiff to pay rents, damages and costs accruing down to the time of judgment
appealed from.30

7. The time for deposit of rentals cannot be extended by the Regional Trial Court nor
can it excuse a default in such payments in the absence of fraud, accident, mistake
or excusable negligence (FAME) and neither can it modify the
amount thereof.31

IV. THE RULE OF PROCEDURES FOR SMALL CLAIMS CASES

A. Features
1. Greatly broadens access to judicial justice
This rule is considered by the author as the most significant issuance of the
Supreme Court in terms of broadening access to judicial justice by those who would
not otherwise resort to litigation to pursue their small claims because it may not be
worth the expenditure of costs and time involved.

2. Started as pilot project in selected first level courts


This was started as a pilot project for selected first level courts.

3. Subsequently expanded nationwide.


The nationwide application of the Rule took effect on March 18, 2010 (OCA Circular
NO. 35-1010, dated March 3, 2010).

4. Bilingual instructions in English and Filipino

5. Detailed instructions for both plaintiff and defendant provided

6. Model forms provided for ready use of parties and court


On February 16, 2010, the Supreme Court issued AM No. 08-8-7-SC containing a
detailed simplified bilingual (English and Filipino) INFORMATION FOR THE
PLAINTIFF and another INFORMATION FOR THE DEFENDANT. These contain
step-by-step instructions for each party to follow in chronological sequence and
information on what to expect at each stage.

7. The plaintiff is instructed:

JBD 56
YOU CANNOT HAVE A LAWYER AT THE HEARING. You may consult a lawyer
before or after the hearing but the lawyer cannot appear for or with you at the
hearing.33

8. Defendant is instructed:
You may consult a lawyer BUT YOU CANNOT HAVE A LAWYER WITH YOU AT
THE HEARING.34

9. Said circular also contains Administrative Guidelines for (a) Judges and (b)
Executive Judges, Clerks of Courts in multi-sala stations and Branch Clerks of
Courts. It contains detailed step-by-step directions on what each of these officials
are expected to do.

10. Parties are required to use prepared forms35

Plaintiff to use:
1) FORM 1-SCC Verified Statement of Claim
2) FORM 1-A SCC Certification on Non-Forum Shopping
3) FORM 5-SCC Special Power of Attorney
4) FORM 6-SCC Motion to Plead as Indigent
5) FORM 10-SCC Motion for another judge
6) FORM 8-SCC Joint Motion to Dismiss
7) FORM 6-SCC Motion to Plead as Indigent
8) FORM 7-SCC Motion for Approval of Compromise Agreement
9) FORM 9-SCC Motion for Execution

Defendant to use:

1) FORM 3-SCC Verified Response


2) FORM 5-SCC Special Power of Attorney
3) FORM 6-SCC Motion to Plead as Indigent
4) FORM 10-SCC Motion for another judge
5) FORM 8-SCC Joint Motion to Dismiss
6) FORM 7-SCC Motion for Approval of Compromise Agreement
7) FORM 9-SCC Motion for Execution

11. The judge or clerk of court is also required to use prepared forms.
1) FORM 2-SCC Summons
2) FORM 4-SCC Notice of Hearing
3) FORM 6A-SCC Opening Statement by Judge
4) FORM 11-SCC Order to Re-Raffle to Another Judge
5) FORM 12-SCC Decision based on Compromise Agreement
6) FORM 13-SCC -DECISION

12. The plaintiff must include all evidence that is intended to be presented in the
case and no other evidence will be allowed without good cause.36 The same holds
true for the defendant.37

JBD 57
13. The defendant shall file with the Court and serve on the Plaintiff a Response
within TEN (10) DAYS from service of 38 summons.

14. However, no default order shall be issued against a defendant for failure to file a
timely answer. Said defendant is still allowed to appear at the scheduled hearing to
offer a defense, negotiate a settlement and, with good cause, be allowed to present
evidence on his defense.39

B. APPLICABILITY
First level courts shall apply this Rule in all the following actions:40

(1) purely civil actions where the claim of the plaintiff is solely for payment of a
sum of money not exceeding P100,000.00, exclusive of interest and costs; But
claims exceeding said amount may be allowed as small claims, provided the plaintiff
waives right to the excess amount;41

(2) civil aspect of criminal actions with the same maximum limit. But this may only
be eligible if filed before the initiation of the criminal action or reserved when the
criminal action was filed.42

(3) Such claims or demands may be:


(a) For money owed under any of the following: Contracts of Lease, Loan, Services,
Sale, or Mortgage.
(b) For damages arising from any of the following: Fault or negligence; Quasi-
Contract; or Breach of Contract.
(c) 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
No. 7160 (Local Government Code of 1991).43

(4) Claims that include non-monetary relief, such as eviction, are not eligible44 to
avail of the small claims procedures.

(5) A defendant may file a counterclaim provided that:


a. the amount does not exceed P100,000.00;
b. it does not require joinder of third parties; and
c. it is not the subject of another action.45

(6) If the counterclaim is not compulsory, i.e., does not arise from the
same transaction or event as plaintiffs claim, defendant must pay
docket and other legal fees.46

(7) It is significant to note that the enforcement of a barangay compromise


agreement or arbitration award is not limited to P100,000.00, since the KB Law
subjects all disputes.47 irrespective of the amount involved. The authority of the
Lupon is limited only in criminal cases where the offense is punishable by
imprisonment not exceeding 1 year or a fine not exceeding P5,000.00, but there is
no limit set for civil cases.

JBD 58
(8) The enforcement of barangay settlements by action in court may be resorted to
only after the lapse of six months from date of settlement.48

V. OTHER CASES OF SUMMARY PROCEDURES


A. Settlement of Estates
Section 2, Rule 74 of the Rules of Court authorizes the
Summary settlement of estates of small value, whether the decedent
died testate or intestate, where the gross value of the estate does not
exceed ten thousand pesos (P10,000.00).

This provision has not been amended since its promulgation in


1964. Under footnote 23, above, the opinion of the author was given that the
increase in amount of what is classified as small claims to P100,000.00 under the
Rule of Procedures for Small Claims Cases promulgated on October 1, 2008, may
have been authorized by implied amendment from the smaller sum of P10,000.00
that was made in 1991 for the Revised Rule on Summary Procedures. Between
1991 to 2008, almost 17 years have elapsed. Between 1964 to 2008, 44 years have
elapsed. A fortiori, the inferential amendment may
likewise be made.

Nonetheless, it should be mentioned that the Rules on Special Proceedings are now
undergoing revision under a sub-committee headed by SC Associate Justice
Antonio Eduardo Nachura. The proposal for amendment has not yet been submitted
to the Supreme Court but an advance copy thereof commendably contains
annotations that were made for each amendment.

B. Arbitration Proceedings
SPECIAL RULES OF COURT ON ADR49

The following proceedings are declared summary in nature:

a. Judicial relief involving issue of existence, validity, or


enforceability of the arbitration agreement;
b. Referral to ADR;
c. Interim measures of protection;
d. Appointment of arbitrator;
e. Challenge of arbitrators appointment;
f. Termination of arbitrators mandate;
g. Assistance in taking evidence;
h. Confidentiality/Protective Orders; and
i. Deposit and Enforcement of mediated settlement agreements.50

A. Features
To ensure that the abbreviated periods given in summary procedures are followed,
as stated at the outset of this paper, the following provisions have been adopted:

JBD 59
1. No summons is necessary. Court acquires authority to act on the petition or
motion upon proof of service of the petition or notice of hearing of the motion.51

2. Only personal service or service by courier is allowed.52 Proof of service shall be


attached to the petition filed in court.

3. Thus, no service by registered mail is allowed.

4. As with other summary proceedings, certain pleadings, motions, or petitions shall


not be allowed.53
a. Motion to dismiss;
b. Motion for bill of particulars;
c. Motion for new trial or for re-opening of trial;
d. Petition for relief from judgment;
e. Motion for extension, except in cases where an ex parte temporary order of
protection has been issued;
f. Rejoinder to reply;
g. Motion to declare a party in default; and
h. Any other pleading specifically disallowed under any provision of the Special
Rules on ADR.

5. To further show its mandatory character, it is directed that said prohibited papers
shall not be accepted by the Clerk of Court.54

6. It is further directed that the hearing shall be conducted in one (1) day and only
for purposes of clarifying facts.55

7. Said hearing shall be conducted by the Court within five (5) days from the lapse
of the period for filing the opposition or comment.56

8. The Court shall resolve the matter within thirty (30) days from the day of the
hearing. 57

B. Specific Summary ADR Proceedings

a. Judicial Relief as to Arbitration Agreement58


1. The specific issues involved on this matter are:
i. whether the arbitration agreement relied upon by a
party is in existence; and
ii. if so, whether it is valid and enforceable.
2. Any of the foregoing issues may be raised by petition
in court by an interested party, either before arbitration commences or thereafter, for
a judicial determination of said issues.59

JBD 60
Before Arbitration Commences

3. Venue. The party raising any of the foregoing issues may file a petition before a
Regional Trial Court where any of the parties has his principal place of business.60
4. Grounds. The grounds raised may be on the existence
of the agreement itself, or that, if it exists, it is void, invalid or unenforceable under
the applicable law.61
5. Comment/Opposition. The other party may file comment/opposition to said
petition within fifteen (15) days from service thereof.62
6. No reconsideration, appeal, or certiorari. The courts prima facie determination
upholding the agreement shall not be subject to a motion for reconsideration,
appeal, or certiorari.63
7.Court decision not conclusive. The losing party may, however, renew the
challenge before the arbitral tribunal once it is constituted.64
8. Further challenge on jurisdiction. The losing party may still further renew the
challenge if he loses in the award by raising the same issue in a petition to vacate or
set aside the award in favor of the adverse
party.65

After Arbitration Has Commenced

9. Issues on arbitration agreement for Tribunal. The interested party may raise the
issues relating to the arbitration agreement as a preliminary question to the
arbitral tribunal.
10. Deferral of resolution. The arbitral tribunal may defer ruling on said preliminary
question until it renders its award. In this situation, the aggrieved party may not
move to reconsider the same or seek judicial relief from said deferral by way of
appeal or certiorari.66
11. Tribunal decision to RTC. The resolution of the arbitral tribunal upholding or
declining its jurisdictionmay be challenged by petition to the Regional Trial
Court within thirty (30) days from notice thereof.67
12. Tribunal as nominal party. The arbitral tribunal shall be included as a nominal
party respondent but shall not be required to make any submissions relating to its
decision.68
13. Comment/Opposition. The opposing party may file opposition/comment within
fifteen (15) days from service of the petition.69
14. Court upholds tribunal jurisdiction. If the court, within thirty (30) days after
submission,70 reverses the ruling of the arbitral tribunal declining its jurisdiction,
the parties shall be free to replace the arbitrators or any one of them in accordance
with the rules that were applicable for the appointment of the arbitrator sought to be
replaced.71
15. No injunction. The court shall not, during the pendency of the court proceedings,
issue any injunctive order against the arbitral tribunal, which
may accordingly continue its arbitration proceedings until it renders an award.72
16. No appeal or certiorari. The decision of the court affirming the arbitration
agreement and upholding the jurisdiction of the arbitral tribunal, although subject to
reconsideration,73 may not be subject to appeal or a petition for certiorari.74

JBD 61
17. Certiorari allowed. However, the ruling of the court that the arbitral tribunal has
no jurisdiction, may be the subject of a petition for certiorari.75

b. Referral to ADR
1. Enforcement of arbitration agreement. A defendant or respondent who is sued in
court by a plaintiff or petitioner, who filed the action in violation of the arbitration
agreement, may file a motion in court, not later than the pre-trial,76 to refer the
parties to arbitration in accordance with their agreement.77
2. Notice of hearing. Said motion shall contain a notice of hearing,78 which shall be
set on a date and time subsequent to the period allowed to file comment/opposition
thereto.
3. Comment/Opposition, Comment/opposition shall be filed within fifteen (15) days
from service of the motion.79
4. Subject of arbitration agreement not proper for arbitration. In addition to
questioning the existence of the agreement, its validity or enforceability, oppositor
may further raise the issue that its subject-matter is not capable of resolution by
ADR in accordance with Section 6 of the ADR Act.80
5. No reconsideration, appeal or certiorari.81 An order referring the dispute to
arbitration shall be immediately executory and shall not be subject to
reconsideration, appeal, or petition for certiorari.
6. Reconsideration or certiorari, but no appeal. An order denying referral to
arbitration may be subject to reconsideration and/or certiorari but shall not be
subject to appeal.82
7. No ground for declining referral.83 The court shall not decline to refer some or all
of the parties to arbitration for any of the following reasons:
a. Not all of the disputes subject of the civil action may be referred to arbitration;
b. Not all of the parties to the civil action are bound by the arbitration agreement and
referral to arbitration would result in multiplicity of suits;
c. The issues raised in the civil action could be speedily and efficiently resolved in its
entirety by the court rather than arbitration;
d. Referral to arbitration does not appear to be the most prudent action; or the stay
of the action would prejudice the rights of the parties to the civil action who are not
bound by the arbitration agreement.
8. The court may, however, issue an order directing the inclusion in arbitration of
those who are not bound by the arbitration agreement but who agree to such
inclusion, provided those originally bound by it do not object to their inclusion.84

c. Interim Measures of Protection


1. Nature. This is similar to the provisional remedies in the Rules of Court that are
attached to the principal action.85 The requirement of a principal action is not
necessary since court intervention in ADR is a special proceeding initiated by
petition and not by complaint.86 Thus, the petition may be filed even if no
arbitration has commenced.87

2. Who may petition. A party to an arbitration agreement may file the petition.88
3. Venue. Aside from the usual place of residence/ business, the petition may be
filed where any of the acts sought to be enjoined are being performed,
threatened to be performed, or not being performed.89

JBD 62
4. Grounds. These are not exclusive, but are merely
indicative of the reasons that the court may use to grant the relief prayed for:90

NEED of a party to:

a. prevent irreparable loss or injury;


b. provide security for the performance of any obligation;
c. produce or preserve evidence; or
d. compel any other appropriate act or omission.

5. Time to file:
a. Before arbitration is commenced;
b. After arbitration has commenced, but before constitution of the arbitral tribunal;
c. Any time during the arbitration proceedings, but only to the extent that the tribunal
has no power to act or is unable to act effectively.91

6. Ex parte court action. Urgent need shown by


petitioner to:
a. preserve property;
b. prevent respondent from disposing or concealing property; and that
c. prior notice will make the grant of relief prayed for illusory.92

7. Temporary Protective Order. The court may issue this order after determining the
existence and urgency of the above needs. Said Order is immediately
executory, but good only for twenty (20) days after a bond has been posted by
petitioner to answer for any damage that respondent may suffer by reason
thereof.93

8. Respondent may file a counterbond to lift said Protective Order in such amount
as may be determined by the court.94

9. Comment/Opposition. May be filed within fifteen (15) days from service of


petition.95

10. Hearing. The court may set the petition for hearing only if there is a need for
clarification or further argument.96

11. Court action. Within thirty (30) days from hearing or after the lapse of the period
to file comment/opposition,97 the court shall resolve the petition. If it decides to
grant it, the court may issue the following interim measures, as:
a) Preliminary injunction against respondent;
b) Preliminary attachment of property or garnishment of funds in a bank or with a
third person;
c) Appoint a receiver;
d) Detention, preservation, delivery or inspection of property; or
e) Give assistance in the enforcement of an interim measure of protection granted
by an arbitral tribunal when the latter cannot enforce it effectively.98

JBD 63
12. To show the primacy of arbitration proceedings, it must be noted that the arbitral
tribunal may subsequently issue an interim protective order that may amend, modify,
or even revoke the earlier order issued by the court on this matter.99

d. Appointment of Arbitrator
1. When court may appoint arbitrator.100 It may be stated as a general rule that
recourse to the courts is allowed only in default of what the parties had agreed
to follow in the appointment of arbitrators.
a) in ad hoc or individual arbitration where the two arbitrators appointed by the
parties have failed to reach an agreement on the third or presiding arbitrator.101
b) In all instances of ad hoc arbitration where the parties failed to provide a method
of appointing or replacing an arbitrator.102

c) If a party fails to appoint his arbitrator within thirty (30) days from request to do
so.103

2. Venue. Aside from the usual place of residence/ business, the petition may be
filed in the National Capital Region.104

3. Comment/Opposition. May be filed within fifteen (15) days from service of


petition.105

4. Court action. The court may require each party to submit the names of at least
three (3) arbitrators, together with their curriculum vitae and thereafter make the
appointment prayed for or deny the 106 same.

e. Challenge to Appointment of Arbitrator


1. General qualifications of arbitrator.107 Of legal age, in full enjoyment of civil
rights, able to read and write, not related by blood or marriage to either party within
the sixth degree, no financial or fiduciary interest in the subject of the controversy,
and without personal bias that might prejudice the right to a fair and
impartial award.
2. Disclosure. A person suffering from any such circumstance, which may be
perceived as a ground to disqualify, must disclose the same. However, the parties,
after such disclosure, may waive the presumptive disqualifying circumstance.108
3. Challenge. A party may pose the issue of competence, independence, and
neutrality against the arbitrator nominated or appointed by the other party.
4. Condition for judicial recourse. If the arbitrator challenged refuses to recuse, the
aggrieved party may request the President of the Integrated Bar of the Philippines,
as the Appointing Authority, to rule on the issue. It is only when such person fails or
refuses to act on such challenge within thirty (30) days that the
aggrieved party may renew the challenge in court.109
5. Court action. After hearing, the court shall remove the challenged arbitrator if it
finds merit in the petition; otherwise, it shall dismiss the petition.110 The court shall
allow the challenged arbitrator, who subsequently agrees to accept the challenge, to
withdraw as arbitrator.

The court shall also remove the arbitrator in the following cases:

JBD 64
a. The party who named the challenged arbitrator agreed to withdraw his
appointment;
b. The other arbitrators in the tribunal agree to the removal of the challenged
arbitrator; and
c. The challenged arbitrator fails to submit his comment or fails to object to his
removal.

6. No reconsideration, appeal or certiorari. A court order resolving the petition shall


be immediately executory and shall not be subject to reconsideration, appeal or
certiorari.111

f. Termination of Mandate of Arbitrator


1. Grounds. Where an arbitrator becomes unable de jure or de facto to perform his
functions as arbitrator; or fails to act as arbitrator without undue delay; and fails to
withdraw as arbitrator upon request of a party.112
a. Court action. After hearing, the court shall, if it finds merit in the petition, terminate
the mandate of the challenged arbitrator and shall appoint a
substitute arbitrator according to the rules applicable to the appointment of the
arbitrator being replaced.113
b. No reconsideration, appeal or certiorari. A court order resolving the petition shall
be immediately executory and shall not be subject to reconsideration, appeal, or
certiorari.114
g. Assistance in Taking Evidence
1. Grounds and type of assistance. The court may direct any person found in the
Philippines to:
a) comply with a subpoena duces tecum or ad testificandum;

b) appear as witness for taking his deposition upon oral examination or by written
interrogatories;

c) allow the physical examination of the condition of persons, things, or premises


(i.e., photographs, video and other means of recording/ documentation;

d) allow the examination and copying of documents; and

e) perform any similar acts.115

2. Court action. If the evidence sought is not privileged and is material and relevant,
the court shall grant the assistance in taking evidence requested and shall order the
petitioner to pay the costs attendant to such assistance.
h. Confidentiality/Protective Orders
1. Who may request confidentiality. A party, counsel or witness who disclosed or
was compelled to disclose information relative to the subject of ADR under
circumstances that would create a reasonable expectation, on behalf of the source,
that the information shall be kept confindential, has the right to prevent such
information from being further disclosed without the express written consent of the
source, or the party who made the disclosure.116

JBD 65
2. Venue. A petition for a protective order may be filed with the Regional Trial Court
where that order would be implemented.117 If there is a pending court proceeding
in which the information obtained in an ADR proceeding is required to be divulged,
or is being divulged, the party seeking to enforce the confidentiality, may file a
motion with the court to enjoin the confidential information from being divulged or to
suppress said confidential information.118
3. Grounds. Only if it is shown by the applicant that material prejudice would be
caused by an unauthorized disclosure of the information obtained, or to be obtained,
during an ADR proceeding.119
4. Notice. If request for protective order is made by motion, a notice of hearing must
be in accordance with Rule 15 of the Rules of Court.120
5. Comment/Opposition. Within fifteen (15) days from service of the petition.121 But
if made by motion, within the period set by movant in the notice of hearing not later
than en (10) days after the filing of the motion.122
6. Court action. 123 In resolving the petition/motion, the court shall be guided by the
following principles applicable to all ADR proceedings: Confidential information shall
not be subject to discovery and shall be inadmissible in any adversarial proceeding,
whether judicial or quasi-judicial.

However, evidence or information that is otherwise admissible or subject to


discovery, does not become inadmissible or protected from discovery solely by
reason of its use therein.

For mediation proceedings, the court shall be further guided by the following
principles:

a. Information obtained through mediation shall


be privileged and confidential;
b. A party, mediator, or non-party participant may refuse to disclose and may prevent
any other person from disclosing a mediation communication;
c. In such adversarial proceeding, the following persons involved or previously
involved in mediation, may not be compelled to disclose confidential information
obtained during the mediation:
1. the parties to the dispute;
2. the mediator/s;
3. counsel for the parties;
4. the non-party participant/s;
5. any person/s hired as secretary, stenographer, clerk, or assistant; and
6. any other person/s who obtain or possess confidential information by reason of
his/her/their profession.
d. The protection of the ADR laws shall continue to apply even if a mediator is found
to have failed to act impartially;
e. A mediator may not be called to testify to provide information gathered in
mediation;
f. A mediator who is wrongfully subpoenaed shall be reimbursed the full cost of his
attorneys fees and related expenses.

JBD 66
7. Relief from court action, The order enjoining the divulging of information shall be
immediately executory and may not be enjoined while the order is being questioned
in the appellate courts.124
7.1. However, if the court declines to issue an injunction, the aggrieved party may
file a motion to reconsider or appeal therefrom.125
8. Sanction. Proper sanction may be imposed by the court upon a person who
disobeys the court order to cease from divulging confidential information.

i.
Deposit/Enforcement of Mediated Settlement Agreements
1. Who makes deposit. Any party to a mediation that is not court annexed may
deposit with the court the written settlement agreement resulting from said
mediation,126 with prior notice to the other party,127 or both parties may jointly
make the deposit.
2. Venue. The Regional Trial Court of the place of business or residence of the
parties, or in the National Capital Judicial Region.128
3. Registry Book and Certificate of Deposit. The Clerk of Court shall keep a Registry
Book chronologically listing all deposits made and shall issue a Certificate of
Deposit to the one who made the deposit.
4. Enforcement. The aggrieved party may file a verified petition to enforce an
agreement that was breached.129
5. Opposition. The adverse party may file an opposition within fifteen (15) days from
service of the petition.130
6. Court action. The court shall resolve the petition after a summary hearing.131

Background on the Rule of Procedure for Small Claims Cases-

On June 23, 2008, the Technical Working Group finalized its draft of a
Rule of Procedure for Small Claims Cases. Highlights of the Proposed
Rule are the following:
I. The Rule governs the procedure in actions before the first level
courts, i.e., Metropolitan Trial Courts, Municipal Trial Courts in
Cities, Municipal Trial Courts
and Municipal Circuit Trial Courts (excluding Sharia Circuit
Courts) for the payment of money where the value of the claim
does not exceed One Hundred ThousandPesos (P100,000.00)
exclusive of interest and costs.
Explanatory Note: The purpose of a small claims process is to provide an
inexpensive and expeditious means to settle disputes over small
amounts. For purposes of the project, the amount has been set for
claims involving amounts of not more than P100,000.00.
The theory behind the small claims system is that ordinary litigation fails
to bring practical justice to the parties when the disputed claim is small,
because the time and expense required by the ordinary litigation process
is so disproportionate to the amount involved that it discourages a just
resolution of the dispute. The small claims process is designed to function
JBD 67
quickly and informally. There are no attorneys, no formal pleadings and
no strict legal rules of evidence. The small claims court system is not a
typical inferior court. Parties are encouraged to file small claims court
actions to resolve their minor disputes as opposed to resorting to self-
help or forcible means to seek their remedy. (Pace v. Hillcrest Motor Co.,
161 Cal. Rptr. 663, 664 Ct. App. 1980)

II. This Rule applies to all actions that are: (a) purely civil in
nature where the claim or relief prayed for by the plaintiff is
solely for payment/reimbursement of a sum of money, and (b)
the civil aspect of criminal actions, either filed prior to 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. These claims or demands may be:
a. For money owed under any of the following:
1. Contract of lease;
2. Contract of loan;
3. Contract of services;
4. Contract of sale; or
5. Contract of mortgage;

b. For damages arising from:


1. Fault or negligence;
2. Quasi-contract; or
3. Contract;

c. Enforcement of a barangay amicable settlementor an


arbitration award involving money claimscovered by this Rule
pursuant to Sec. 417 of
Republic Act No. 7160, otherwise known as theLocal
Government Code of 1991.
Explanatory Note: The kinds of cases that can be filed in Small Claims
Court vary, but the case must seek money only. For example, a suit
cannot be brought in Small Claims Court to force a person or business to
fix a damaged good; or to demand fulfillment of a promised obligation
which is not purely for money, or to seek money to compensate for pain
and suffering. Some of the kinds of cases which are allowed as small
claims include the following:
1. Actual damage caused to vehicles, other personal property, real
property or person;
2. Payment or reimbursement for property, deposit, or money loaned;
3. Payment for services rendered, insurance claim, rent, commissions, or
for goods sold and delivered;
4. Money claim pursuant to a contract, warranty or agreement; and

JBD 68
5. Purely civil action for payment of money covered by bounced or
stopped check.

III. 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 two (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.
No evidence shall be allowed during the hearing which was not
attached to or submitted together with the Claim, unless good
cause is shown for the admission of additional evidence.

IV. Plaintiff may join in a single Statement of Claim one or more


separate small claims against a defendant as long as the total
amount claimed, exclusive of
interest and costs, does not exceed P100,000.00.

V. The plaintiff shall pay the prescribed fees upon filing, unless
allowed to litigate as an indigent.

VI. For purposes of this Rule: (a) Plaintiff is the party who has
filed a small claims action. The term includes a defendant who
has filed a counterclaim against a plaintiff; (b) Defendant is the
party against whom the plaintiff has filed a small claims action.
The term includes a plaintiff against whom a defendant has filed a
claim, or a person who replies to the claim; (c) Person is an
individual, corporation, partnership, limited liability partnership,
association, or other entity; (d) Individual is a natural person; (e)
Motion means a partys request, written or oral, to the court for
an order or other action. It shall include an informal written
request to the court, such as a letter; (f) Good cause means
circumstances sufficient to justify the requested order or other
action, as determined by the judge; and (g) Affidavit means a
written statement or declaration of facts that are sworn or
affirmed to be
true.
Explanatory Note: A plaintiff may commence an action in the small
claims court by filing a Statement of Claim under oath with the Clerk of
the first level court in person or by mail. The claim form shall be a simple
nontechnical form approved or adopted by the Supreme Court. The claim
form shall set forth (1) the name and address of the defendant, if known;
(2) the amount and the basis of the claim; (3) that the plaintiff, where
possible, has demanded
payment and, in applicable cases, possession of the property; (4) that
the defendant has failed or refused to pay, and where applicable, has
JBD 69
refused to surrender the property; and (5) that the plaintiff understands
that the judgment on his or her claim will be conclusive and without a
right of appeal. The plaintiff should attach to the claim all documents
necessary to prove his/her right to reliefs prayed for. The form or
accompanying instructions shall include information that the plaintiff (1)
may not be represented by an attorney; (2) has no right of appeal; and
(3) may ask the court to waive fees for filing and serving the claim on
the ground that the plaintiff is indigent unable to pay them, using the
forms approved by the Supreme Court
for that purpose.

VII. The Court may dismiss the case outright on any of the
grounds for the dismissal of a civil action apparent from the
pleading and affidavits and other documents submitted.
Explanatory Note: Jurisdiction and venue requirements in small claims
actions shall be the same as in other civil actions provided in the Rules of
Civil Procedure. A defendant may challenge jurisdiction or venue or court
location by including these defenses in his Response before appearing in
the scheduled hearing. In all cases, even if the defendant does not ask
for dismissal of the case in the Response or appear at the hearing, the
court shall inquire into
the facts sufficiently to determine whether jurisdiction and authority of
the court over the action are proper, and shall make its determination
accordingly.

VIII. No Motion to Dismiss shall be allowed except on the


grounds under Section 13 thereof (See No. X below).

IX. Should the defendant fail to file a response within the


required period, the court shall render judgment as may be
warranted by the facts alleged in the Statement of
Claim and limited to what is prayed for therein. The court may, in
its discretion, reduce the amount of damages for being excessive
or otherwise unconscionable.

X. If at the time the action is commenced, a defendant possesses


a claim against the plaintiff that (a) is within the coverage of this
Rule, exclusive of interest and costs; (b) arises out of the same
transaction or event that is the subject matter of the plaintiffs
claim; (c) does not require, for its adjudication, the joinder of
third parties; and (d) is not the subject of another pending action,
this claim shall be included as a counterclaim in the Response,
otherwise, such counterclaim shall be barred. The defendant may
also elect to include in the Response a counterclaim against the
plaintiff that does not arise out of the transaction or occurrence

JBD 70
provided that the amount and nature thereof are within the
coverage of
this Rule and the prescribed docket fees are paid.
Explanatory Note: If a defendant has a claim against a plaintiff that
exceeds the limits stated in Section 2 of this Rule, and the claim relates
to the contract, transaction, matter, or event which is the subject of the
plaintiffs claim, the defendant may commence an action against the
plaintiff in a court of competent jurisdiction. If said claim which is beyond
the limit of money claim provided in this Rule is filed with the Response
before the Small Claims Court, the latter shall dismiss the counterclaim.
XI. Prohibited pleadings and motions: (a) Motion to dismiss the
complaint except on the ground of lack of jurisdiction; (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.

XII. Availability of Forms for the Parties who shall be assisted by


Clerk of Court.

XIII. The parties must personally appear at the hearing; if


unable, then through a designated representative who must be
duly authorized to enter into an amicable
settlement.

XIV. Attorneys are not allowed at the hearing, except as plaintiff


or defendant. However this does not preclude them from offering
their services in assisting the party to a small claims case to
prepare for the hearing or for other matters outside of the
hearing. If the court determines that a party cannot properly
present his/her claim or defense and needs assistance, the court
may, in its discretion, allow another individual, who is not an
attorney, to assist that party upon the latters consent.
Explanatory Note: Except as permitted by this section, no attorney shall
appear in a small claims action except when the latter shall maintain or
defend an action in any of the following capacities:
(1) By or against himself or herself;
(2) By or against a partnership in which he or she is a general partner
and in which all the partners are attorneys; or
(3) By or against a professional corporation of which he or she is an
officer or director and of which all other officers and directors are
JBD 71
attorneys. Nothing in this section shall prevent an attorney from doing
any of the following:
(1) Providing advice to a party to a small claims action, either before or
after the commencement of the action; or
(2) Submitting an affidavit as a witness for a party in order to state facts
of which he or she has personal knowledge and about which he or she is
competent
to do so. If the court determines that a party does not speak or
understand English or Filipino sufficiently to comprehend the proceedings
or give testimony, to the questions of the court, if any, and needs
assistance in so doing, the court may permit another individual (other
than an attorney) to assist that party. If the court interpreter or other
competent interpreter of the language or dialect known to the party is
not available to aid that party in a small claims action, at the first hearing
of the case the court shall postpone the hearing one time only to allow
the party the opportunity to obtain another individual (other than an
attorney) to assist that party. Any additional continuances shall be at the
sound discretion of the court.

XV. Non-appearance of Parties. Failure of the plaintiff to appear


shall be a cause for the dismissal of the complaint without
prejudice. The defendant who appears shall be entitled to
judgment on a permissive counterclaim. On the other hand,
failure of the defendant to appear shall have the same effect as
failure to file a Response under Section 12 of this Rule. This
however shall not apply where one of two or more defendants
sued under a common cause of action and who pleaded a
common
defense shall appear at the hearing. Failure of both parties to
appear shall cause the dismissal with prejudice of both the claim
and counterclaim.

XVI. A request for postponement of a hearing may be granted


only upon proof of the physical inability of the party to appear
before the court on that date and time. Every party may avail of
only one (1) postponement.
Explanatory Note: A party may submit an oral or written request to
postpone a hearing date for good cause, as follows:
(1) If the written request is in writing, it may be made either by letter or
on a form adopted or approved by the Supreme Court;
(2) The request shall be filed before the hearing date and accompanied
by proof of physical inability, unless the court determines that the
requesting party has good cause to file the request on the date of
hearing itself; and
(3) If the court finds that the interests of justice would be served by
postponing the hearing, the court shall do so and shall notify all parties
JBD 72
by mail on the same day of the new hearing date, time and place. This
Section does not limit the inherent power of the court to order
postponements of hearings in strictly appropriate circumstances. The
postponement fee of One Hundred Pesos (or as provided in Rule 141,
Revised Rules of Court, as amended on Legal Fees) shall be charged and
collected before the filing of a request for postponement and
rescheduling of a hearing date.

XVII. Judicial Dispute Resolution. At the hearing, the court shall


exert all efforts to encourage the parties to resolve their dispute
through mediation, conciliation, early neutral evaluation or any
other mode of JDR. Any settlement or resolution of the dispute
shall be reduced into writing, signed by the parties, and
submitted to the court for approval.

XVIII. If JDR fails and the parties agree in writing (Form 10- SCC
) 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 one (1) day. Absent such agreement, (a) in
case of a multi-sala court, the case shall, on the same day, be
transmitted (Form 11- SCC) to the Office of the Clerk of Court for
immediate referral by the Executive Judge to the pairing judge
for hearing and decision within five (5) working days from
referral; and (b) in case of a single sala court, the pairing judge
shall hear and decide the case in the court of origin within five
(5) working days from referral by the JDR judge.
Explanatory Note: In hearings before the small claims court, witnesses
shall still be sworn in. The judge shall conduct the hearing in an informal
manner so as to do substantial justice between the parties. The judge
shall have the discretion to admit all evidence which may be of probative
value although not in accordance with formal rules of practice,
procedure, pleading or evidence provided in the Rules of Court, except
that privileged communications shall not be admissible. The object of
such hearings shall be to determine the rights of the litigants on the
merits and to dispense expeditious justice between the parties. An
interventionist role by judges in such hearings is effective in eliciting
evidence from litigants in person. It is seen by unrepresented parties as
a helping hand which they appreciate,
provided that judges avoid the danger of appearing to be partial. By
discussing the facts of the case, judges find what common ground does
exist between the parties. This tends to narrow the differences between
the parties and make the final judicial decision easier whereas
traditional open court trials, with the presence of lawyers and the use of
cross-examination tend to polarize the parties, increase antagonism and
heighten the differences.
JBD 73
In this regard, Lord Woolf, Great Britains case management expert, has
observed:
The role of the judge in small claims is not only that of an adjudicator. It
is a key safeguard of the rights of both parties. In most cases, the judge
is effectively a substitute for a legal representative. His duty is to
ascertain the main matters at issue, to elicit the evidence, to reach a
view on the facts of the matter and to give a decision. In some cases he
may encourage the parties to settle. In doing so he should ensure that
both parties have presented the evidence and called the witnesses
germane to their case and that he has identified and considered any
issue of law which is pertinent to the case in hand. He must
also hold the ring and ensure that each party has a fair chance to present
his own case and to challenge that of his opponent.15
The key judicial skills in conducting such hearings are to maintain a
balance between informality and fairness, to ensure a level playing field
and to protect the weak and the scrupulous. In practice, this is achieved
by preventing interruptions and parties talking over each other, and
making it clear that both parties will have plenty of time to say all that
they wish before the end of the hearing.

XIX. Decision. After the hearing, the court shall, on the same day,
render its decision using the form provided. The decision shall
immediately be entered by the Clerk of Court in the court docket
for civil cases and a copy thereof served on the parties. The
decision is final and unappealable.
Explanatory Note: Despite the relative informality of the procedure,
judgments are based upon a strict application of the substantive law and
an objective judicial analysis of the facts. The judge is duty-bound to give
the legal basis for the findings. The prohibition against appeals assures
immediate and swift justice. The right to appeal is not a natural right nor
a part due process. It is merely a statutory privilege and a procedural
remedy of statutory origin, a remedy that may be exercised only in the
manner and in accordance with the provisions of the law authorizing such
exercise. The applicable provisions of the law allowing appeals from
decisions of the first level courts are Sections 36 and 38 of B.P. Blg. 129,
as
amended, also known as The Judiciary Reorganization Act of 1980. The
procedure on appeal is subject to the limitations and restrictions provided
by this Act and any such rules as the Supreme Court may hereafter
prescribe. Sec. 36 of B.P. Blg. 129 provides an instance wherein the
Supreme Court may adopt special procedures, including cases where
appeal may not be allowed, to achieve an expeditious and inexpensive
determination of particular cases requiring summary disposition.

XX. Execution. If the decision is rendered in favor of theplaintiff,


execution shall issue upon motion (Form 9-SCC).
JBD 74
Rule of Procedure for Small Claims Cases 1
A.M. No. 08-8-7-SC
RULE OF PROCEDURE
FOR SMALL CLAIMS CASES

EFFECTIVE OCTOBER 1, 2008


MANILA, PHILIPPINES
SEPTEMBER 2008

SECTION 1. Title.This Rule shall be known as The Rule of Procedure


for Small Claims Cases.

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.

SEC. 3. Definition of Terms.For purposes of this Rule:


(a) Plaintiff refers to the party who initiated a small claims action. The
term includes a defendant who has filed a counterclaim against plaintiff;
(b) Defendant is the party against whom the plaintiff has filed a small
claims action. The term includes a plaintiff against whom a defendant has
filed a claim, or a person who replies to the claim;
(c) Person is an individual, corporation, partnership, limited liability
partnership, association, or other juridical entity endowed with
personality by law;
(d) Individual is a natural person;
(e) Motion means a partys request, written or oral, to the court for an
order or other action. It shall include an informal written request to the
court,
such as a letter;
(f) Good cause means circumstances sufficient to justify the requested
order or other action, as determined by the judge; and
(g) Affidavit means a written statement or declaration of facts that are
sworn or affirmed to be true.

JBD 75
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. These claims or demands may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) 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.

SEC. 5. Commencement of Small Claims Action.A small claims action is


commenced by filing with the court an accomplished and verified
Statement of Claim (Form 1-SCC) in duplicate, accompanied by a
Certification of Non-forum Shopping (Form 1-A, SCC), and two (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. No evidence shall be
allowed during the hearing which was not attached to or submitted
together with the Claim, unless good cause is shown for the admission of
additional evidence. No formal pleading, other than the Statement of
Claim described in this Rule, is necessary to initiate a small claims action.

SEC. 6. Joinder of Claims.Plaintiff may join in a single statement of


claim one or more separate small claims against a defendant provided
that the total amount claimed, exclusive of interest and costs, does not
exceed P100,000.00.

SEC. 7. Affidavits.The affidavits submitted under this Rule shall state


only facts of direct personal knowledge of the affiants which are
admissible in evidence. A violation of this requirement shall subject the
party, and the counsel who assisted the party in the preparation of the

JBD 76
affidavits, if any, to appropriate disciplinary action. The inadmissible
affidavit(s) or portion(s) thereof shall be expunged from the record.

SEC. 8. Payment of Filing Fees.The plaintiff shall pay the docket and
other legal fees prescribed under Rule 141 of the Revised Rules of Court,
unless allowed to litigate as an indigent. A claim filed with a motion to
sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for
immediate action in case of multi-sala courts, or to the Presiding Judge of
the court hearing the small claims case. If the motion is granted by the
Executive Judge, the case shall be raffled off or assigned to the court
designated to hear small claims cases. If the motion is denied, the
plaintiff shall be given five (5) days within which to pay the docket fees,
otherwise, the case shall be dismissed without prejudice. In no case shall
a party, even if declared an indigent, be exempt from the payment of the
P1,000.00 fee for service of summons and processes in civil cases.

SEC. 9. Dismissal of the Claim.After the court determines that the case
falls under this Rule, it 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.

SEC. 10. Summons and Notice of Hearing.If no ground for dismissal is


found, the court shall forthwith issue Summons (Form 2-SCC) on the day
of receipt of the Statement of Claim, directing the defendant to submit a
verified Response. The court shall also issue a Notice (Form 4-SCC) 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, as provided in Section 19 of this Rule. The summons and
notice to be served on the defendant shall be accompanied by a copy of
the Statement of Claim and documents submitted by plaintiff, and a copy
of the Response (Form 3-SCC) to be accomplished by the defendant. The
Notice shall contain an express prohibition against the filing of a motion
to dismiss or any
other motion under Section 14 of this Rule.

SEC. 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.

JBD 77
SEC. 12. Effect of Failure to File Response.Should the defendant fail to
file his Response within the required period, 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. The court however,
may, in its discretion, reduce the amount ofdamages for being excessive
or unconscionable.
SEC. 13. Counterclaims Within the Coverage of this Rule.
If at the time the action is commenced, the defendant possesses a claim
against the plaintiff that (a) is within the coverage of this Rule, exclusive
of interest and costs; (b) arises out of the same transaction or event that
is the subject matter of the plaintiffs claim; (c) does not require for its
adjudication the joinder of third parties; and (d) is not the subject of
another pending action, the claim shall be filed as a counterclaim in the
Response; otherwise, the defendant shall be barred from suit on the
counterclaim. The defendant may also elect to file a counterclaim against
the plaintiff that does not arise out of the same transaction or
occurrence, provided that the amount and nature thereof are within the
coverage of this Rule and the prescribed docket and other legal fees are
paid.

SEC. 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 except on the ground of lack of
jurisdiction;
(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.

SEC. 15. Availability of Forms; Assistance by Court


Personnel.The Clerk of Court or other court personnel shall provide
such assistance as may be requested by a plaintiff or a defendant
regarding the availability of forms and other information about the
coverage, requirements as well as procedure for small claims cases.

JBD 78
SEC. 16. Appearance.The parties shall appear at the designated date of
hearing personally or through a representative authorized under a
Special Power of Attorney (Form 5-SCC) to
enter into an amicable settlement, to submit to Judicial Dispute
Resolution (JDR) and to enter into stipulations or admissions of facts and
of documentary exhibits.

SEC. 17. Appearance of Attorneys Not Allowed.No attorney shall appear


in behalf of or represent a party at the hearing, unless the attorney is the
plaintiff or defendant. If the court determines that a party cannot
properly present his/ her claim or defense and needs assistance, the
court may, in its discretion, allow another individual who is not an
attorney to assist that party upon the latters consent.

SEC. 18. Non-appearance of Parties.Failure of the plaintiff to appear


shall be cause for the dismissal of the claim without prejudice. The
defendant who appears shall be entitled to judgment on a permissive
counterclaim. Failure of the defendant to appear shall have the same
effect as failure to file a Response under Section 12 of this Rule. This
shall not apply where one of two or more defendants who are sued under
a common cause of action and have pleaded a common defense appears
at the hearing. Failure of both parties to appear shall cause the dismissal
with prejudice of both the claim and counterclaim.

SEC. 19. Postponement When Allowed.A request for postponement of a


hearing may be granted only upon proof of the physical inability of the
party to appear before the court on the scheduled date and time. A party
may avail of only one (1) postponement.

SEC. 20. Duty of the Court.At the beginning of the court session, the
judge shall read aloud a short statement explaining the nature, purpose
and the rule of procedure of small claims cases.
SEC. 21. Judicial Dispute Resolution.At the hearing, the judge shall
conduct Judicial Dispute Resolution (JDR) through mediation, conciliation,
early neutral evaluation, or any other mode
of JDR. 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).

SEC. 22. Failure of JDR.If JDR fails and the parties agree in writing
(Form 10-SCC) 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 one (1) day.
Absent such agreement, (a) in case of a multi-sala court, the case shall,
on the same day, be transmitted (Form 11-SCC) to the Office of the
JBD 79
Clerk of Court for immediate referral by the Executive Judge to the
pairing judge for hearing and decision within five (5) working days from
referral; and (b) in case of a single sala court, the pairing judge shall
hear and decide the case in the court of origin within five (5) working
days from referral by the JDR judge.

SEC. 23. Decision.After the hearing, the court shall render its decision
on the same day, based on the facts established by the evidence (Form
13-SCC). The decision shall immediately be entered by the Clerk of Court
in the court docket for civil cases and a copy
thereof forthwith served on the parties. The decision shall be final and
unappealable.

SEC. 24. Execution.If the decision is rendered in favor of the plaintiff,


execution shall issue upon motion (Form 9-SCC).

SEC. 25. Applicability of the Rules of Civil Procedure.The Rules of Civil


Procedure shall apply suppletorily insofar as they are not inconsistent
with this Rule.

SEC. 26. Effectivity.This Rule shall take 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.

Forms:

FORM 1-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ________________
For: ______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
STATEMENT OF CLAIM
Plaintiff respectfully alleges:
1. The personal circumstances of the parties are as follows:
NAME OF PLAINTIFF/S SEX AGE CIVIL STATUS
______________________ ______ _____ _________
INDIVIDUAL___ CORPORATION___ PARTNERSHIP___ SOLE
PROPRIETORSHIP ___

JBD 80
NAME OF
REPRESENTATIVE:_________________________________________
ADDRESS ZIP CODE
___________________________________________________
_________
NAME OF DEFENDANTS//S SEX AGE CIVIL STATUS
______________________ ______ _____ _________
INDIVIDUAL___ CORPORATION__ _PARTNERSHIP___ SOLE
PROPRIETORSHIP ___
NAME OF REPRESENTATIVE:
________________________________________
ADDRESS ZIP CODE
___________________________________________________
_________
2. Plaintiff is suing defendant for:
CAUSE OF ACTION
_____ Collection of Sum of Money
_____ Damages
_____ Civil aspect of Criminal Case
_____ Enforcement of Barangay Agreement
Rule of Procedure for Small Claims Cases 13
3. Plaintiffs cause of action arose from and is evidenced by:
ACTIONABLE DOCUMENT/S AFFIDAVIT/S
_____ Promissory Note/Undertaking How many: _____
_____ Contract/Agreement
_____ Receipt
_____ Others
4. The principal obligation of defendant/s amounting to
P_____________________ became due and demandable on
______________.
Interest at the rate of ______% per annum/per month accrued on the
principal
sum due from such date of default.
5. Despite repeated demands by plaintiff, the latest of which was on
_______________, defendant has failed to pay the obligation.
6. _____(a) This claim has been referred to the appropriate barangay
authorities but no settlement was reached between the parties. A
Certificate to
File Action was issued to the plaintiff, the original of which is attached
hereto.
_____(b) The parties are not covered by the barangay mandatory
conciliation process under the Local Government Code of the Philippines.
Prayer
WHEREFORE, plaintiff respectfully prays for judgment to be rendered
ordering defendant to pay plaintiff the amount of

JBD 81
P________________________, with interest at the rate of ____% per
annum/
per month, from ___________, until fully paid.
___________________________; _____20___.
PLAINTIFF
PLACE WHERE FILED

FORM 1-A-SCC
VERIFICATION AND CERTIFICATION OF
NON-FORUM SHOPPING
I, _________________________________, of legal age,
____________________ ______________________________, and a
resident
of __________________________________________________ ,
after having been duly sworn to in accordance with law, hereby, depose
and
say:
1. That I am the _________________ in the above-entitled case and
have caused this ______________________________ to be
prepared; that I read and understood its contents which are true
and correct of my own personal knowledge and/or based on
authentic records;
2. That I have not commenced any action or proceeding involving
the same issue in the Supreme Court, the Court of Appeals or any
other tribunal or agency; that to the best of my knowledge, no such
action or proceeding is pending in the Supreme Court, the Court of
Appeals or any other tribunal or agency, and that, if I should learn
thereafter that a similar action or proceeding has been filed or is
pending before these courts or tribunal or agency, I undertake to
report that fact to the Court within five (5) days therefrom.
IN WITNESS WHEREOF, I have hereunto set my hand this
____________ day of __________________, 20 __.
_______________________
Affiant
SUBSCRIBED AND SWORN to before me this _________ day of
_____________, 20 ___ .
NOTARY PUBLIC
(citizenship) (civil status)
(Name)

FORM 2-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
JBD 82
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ________________
For: ________________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
SUMMONS
TO: ____________________
____________________
____________________
GREETINGS:
You are hereby required, within ten (10) days from receipt of this
Summons, to file with this Court and serve on plaintiff, your verified
Response
to the attached Statement of Claim. The form of the required Response is
attached hereto.
You are required to submit with your Response copies of documents as
well as affidavits of any witness to stand as your evidence in this case.
You
must present the original documents on the day of the hearing.
A motion to dismiss is prohibited and shall not be entertained.
Your failure to respond within the 10-day period will authorize the Court
to render judgment based solely on the Statement of Claim.
Witness my hand under the seal of this Court, this ____ day of ______,
20____, at _____________________, Philippines.
BRANCH CLERK OF COURT

FORM 3-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
RESPONSE
Defendant/s respectfully allege/s:
1. Defendant admits all the allegations in paragraph/s ________ of the
Statement of Claim.
JBD 83
2. Defendant specifically denies all the allegations in paragraphs
________ of the Statement of Claim.
3. Defendant opposes the grant of the prayer in the Statement of Claim
for the following reasons, as supported by the attached documents and
affidavits:
(enumerate defenses)
4. As the Statement of Claim is baseless, defendant is entitled to the
following counterclaims:
_____ Actual Damages of P______________________
_____ Moral Damages of P______________________
_____ Exemplary Damages of P_____________________
_____ Costs of suit
Prayer
WHEREFORE, defendant respectfully prays for judgment to be rendered
dismissing the Statement of Claim, and granting the counterclaims,
ordering
plaintiff to pay defendant the following sums:
_____ Actual Damages of P______________________
_____ Moral Damages of P______________________
_____ Exemplary Damages of P_____________________
_____ Costs of suit
DEFENDANT
(VERIFICATION AND CERTIFICATION
OF NON- FORUM SHOPPING, if with permissive counterclaim)

FORM 4-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
NOTICE OF HEARING
Once issues are joined upon the filing of the defendants Response, this
case will be called for Judicial Dispute Resolution (JDR) and hearing
before
the Presiding Judge of this Court on __________________ at
___________.
Failure of the plaintiff to appear at the JDR and hearing shall cause the

JBD 84
dismissal of the Statement of Claim, and the defendant who appears
shall be
entitled to a judgment on his counterclaim. On the other hand, failure of
the
defendant to appear at the JDR and hearing shall cause the Court to
render
judgment based solely on the Statement of Claim.
A party may not be represented by a lawyer, but may authorize any
other
representative to appear in his behalf and participate in all the
proceedings as
if the party represented were present. For this purpose, the required
authority
should be evidenced by accomplishing the attached Form 5-SCC (Special
Power
of Attorney).
WITNESS the HON. _________________________, Presiding Judge
of this Court, this ____ day of _____________, 20___, at
__________________________, Philippines.
BRANCH CLERK OF COURT

FORM 5-SCC
SPECIAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
I, _______________________, of legal age, single/married, with
residence at ___________________________ do hereby appoint, name
and
constitute ________________________________, likewise of legal age,
singe/
married, with residence at ________________________________ as
my true
and legal representative to act for and in my name and stead and to
represent
me during the hearing of Civil Case No. __________, to enter into
amicable
settlement, to submit to alternative modes of dispute resolution and to
make
admissions or stipulations of facts and documents without further
consultation
from me.
I hereby grant my representative full power and authority to execute and
perform every act necessary to render effective the power to compromise
as
though I myself have so performed it and hereby approving all that he
may do
JBD 85
by virtue of these presents.
In witness whereof, I hereunto set my hand this ______ day of
____________________, 20_______, at ________________.
_____________________________
Principal
_____________________
Agent
Witnesses: ________________________
___________________________
(ACKNOWLEDGMENT)

FORM 6-SCC
REPUBLIC OF THE PHILIPPINES
_____________________________
_____________________________
_____________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
MOTION TO PLEAD AS INDIGENT
_____________________, unto this Honorable Court, respectfully
alleges
that:
1. I am a resident of ___________________;
2. My gross income and that of my immediate family does not exceed
__________________ ;
3. I do not own real property with an assessed value of more than
(amount
as provided in the Revised Rules of Court, as amended) as shown by the
attached
Certification issued by the Office of the City/Municipal Assessor and the
City/
Municipal Treasurers Office;
4. Due to financial constraint, I cannot afford to pay for the expenses of
a court litigation as I do not have enough funds for food, shelter and
other
basic necessities;
5. Should the court render judgment in my favor, the amount of the
docket
and other legal fees which I was exempted from paying shall be a lien on
the
JBD 86
judgment, unless the court orders otherwise.
WHEREFORE, premises considered, it is respectfully prayed that I be
exempted from the payment of docket and other legal fees as indigent
pursuant
to Section 21, Rule 3 in relation to Section 18, Rule 141 of the Revised
Rules
of Court.
Other reliefs just and equitable under the premises are likewise prayed
for.
PLAINTIFF

FORM 7-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR APPROVAL OF COMPROMISE AGREEMENT
The parties respectfully allege that:
1. Plaintiff filed this claim against defendant for:
_____________ collection of sum of money
_____________ damages
_____________ civil aspect of criminal case
_____________ enforcement of barangay agreement
_____________ recovery of personal property
2. The parties have come to an amicable settlement and have executed a
compromise agreement with the following terms and conditions.
(copy terms and condition here)
3. The parties agree that the approval of this agreement by the Court
shall put an end to this litigation, except for purposes of execution in
case of
default.
WHEREFORE, premises considered, the parties respectfully pray that
the court approve this agreement and render judgment on the basis
thereof.
_______________________________________, 20_______.
_______________________ ________________________
Plaintiff Defendant

JBD 87
FORM 8-SCC
(Motion for voluntary dismissal of the claim and counterclaim)
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
JOINT MOTION
Plaintiff and defendant, unto this Honorable Court, respectfully allege
that:
1. Plaintiff and defendant have mutually and voluntarily settled their
claim and counterclaim to the entire satisfaction of each other; and
2. The parties no longer have a cause of action against each other.
WHEREFORE, premises considered, plaintiff and defendant
respectfully pray that the plaintiffs statement of claim and defendants
counterclaim incorporated in his response be dismissed.
Other reliefs just and equitable under the premises are likewise prayed
for.
_______________________________________, 20_______.
_____________________________ ____________________________
Plaintiff Defendant
To the Branch Clerk of Court:
Please submit the foregoing motion for the consideration of the Court
without hearing and further argument from the parties.
__________________________ _________________________
Plaintiff Defendant

FORM 9-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
JBD 88
x- - - - - - - - - - - - - - - - - - - - - -x
MOTION FOR EXECUTION
Plaintiff/Defendant, unto this Honorable Court, respectfully alleges that:
1. On _______________, a judgment was rendered by the Court, the
dispositive portion of which reads:
2. The judgment is final and unappealable.
3. The defendant/plaintiff has not complied with the judgment.
WHEREFORE, premises considered, it is respectfully prayed that a
writ of execution be issued to implement the judgment of the Court
dated
__________________.
_______________________________________, 20_______.
_____________________________
Plaintiff/Defendant
Rule of Procedure for Small Claims Cases 23
NOTICE OF HEARING
NAME OF DEFENDANT
(IF FILED BY PLAINTIFF)
NAME OF PLAINTIFF
(IF FILED BY DEFENDANT)
NAME OF CLERK OF COURT.
Please be notified that the undersigned will submit the foregoing motion
for the consideration and approval of the Court on _________________
at
_______________________________________, 20_______.
________________________
Plaintiff/Defendant

FORM 10-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
AGREEMENT
Having failed to resolve the matter through Judicial Dispute Resolution,
plaintiff and defendant hereby agree that Judge _________________
shall

JBD 89
continue with the hearing on the instant matter and hereby waive their
right to
have a different judge hear the case.
_______________________________________, 20_______.
___________________________ _______________________
Plaintiff Defendant

FORM 11-SCC
(Referral to pairing judge)
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
ORDER
In view of the failure of judicial dispute resolution and there being no
agreement from the parties to let the undersigned continue hearing the
instant
case, the record of this case is transmitted to the Office of the Clerk of
Court
for immediate referral by the Executive Judge to the Pairing Judge for
hearing
and decision pursuant to Section 21 of the Rule of Procedure for Small
Claims
Cases.
SO ORDERED.
_______________________________________, 20_______.
______________________________
JUDGE

FORM 12-SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
JBD 90
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
DECISION BASED ON COMPROMISE AGREEMENT
Plaintiff filed this case against defendant for _____________________
in the amount of ________________________.
Defendant denied plaintiffs claim on the ground of _________________
and set up a counterclaim for _______________________.
The parties, however, reached an amicable settlement and submitted to
the court a compromise agreement, the terms and conditions of which
are as
follows:
It appearing that the agreement is not contrary to law, morals, good
customs, public moral and public policy, and pursuant to Articles 2028
and
2037 of the Civil Code of the Philippines, the same is hereby APPROVED
and
ADOPTED as the Decision of this court.
The parties are hereby ordered to faithfully comply with the terms and
conditions of the agreement.
_______________________________________, 20_______.
________________________
JUDGE

FORM 13 SCC
REPUBLIC OF THE PHILIPPINES
_______________________________
_______________________________
_______________________________
__________________________,
Plaintiff,
vs. Civil Case No. ______________
For: _______________________
__________________________,
Defendant.
x- - - - - - - - - - - - - - - - - - - - - -x
DECISION
This is a small claims action for (state which of the claims or demands
below is the subject of the action filed):
[For money owed under any of the following:
1. Contract of lease;
2. Contract of loan;
3. Contract of services;
4. Contract of sale; or
JBD 91
5. Contract of mortgage;
For damages arising from:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this Rule
pursuant to Section 417 of Republic Act 7160, otherwise known as
The Local Government Code of 1991].
Plaintiff alleges that (state material allegations and prayer in the
Statement
of Claim).
Defendant alleges that (state reasons for denial of the claim and other
material allegations in the Response including counterclaims, if any).
On (date), both parties appeared during the hearing conducted by (state
name of Judge who conducted the JDR. State whether parties appeared
personally or through a specially authorized representative).
Considering the failure of the parties to arrive at any settlement of the
dispute, this court proceeded with the hearing of the case which was
terminated
on __________________.
The issue to be resolved by this court is whether
__________________________________________________________
___.
Plaintiffs evidence consists of: (state documents of plaintiff, affidavits
submitted, if any, and statements made by plaintiff and witnesses under
oath
during the hearing).
Defendants evidence consists of: (state documents of defendant,
affidavits submitted, if any, and statements made by defendant and
witnesses
under oath during the hearing).
This court finds that the claim of plaintiff (or defendant in a counterclaim)
is (state whether meritorious or devoid of merit) under Article/Section
(state
the applicable provisions of law) or pursuant to established jurisprudence
(cite
applicable jurisprudence). In this case, this court found that (state first
the
factual findings established by the evidence and then the legal
conclusions).
Wherefore, the (claim/counterclaim) is (granted/denied). This court
orders ____________________ to pay to _______________________
the
amount of (state the monetary award or damages) with interest of (if
applicable
JBD 92
under Civil Code and/or settled jurisprudence) until fully paid.
SO ORDERED.
(Date of decision.)
(Signature)
Presiding Judge
(or Pairing Judge in the absence
of written agreement of the
parties that the case shall be
heard by the Presiding Judge
who conducted the JDR)
Copy furnished:
All parties
Office of the Clerk of Court of ____________

Shariah Courts
Presidential Decree (P.D.) No. 1083 created the Sharia Courts, which have
limited jurisdiction over the settlement of issues, controversies or disputes pertaining to the
civil relations between and among Muslim Filipinos. Specifically, these controversies
require the interpretation of laws on Persons, Family Relations, Succession, Contracts, and
similar laws applicable only to Muslims. Despite the seeming exclusivity of
the jurisdiction of the Sharia
Courts with regard to controversies involving Muslims, the Supreme Court retains the
power of review orders of lower courts through special writs (R.A. 6734, Art. IX, Sec.1).
This review extends to decisions made by the Sharia Courts

Jurisdiction of Sharia Courts

1. Types:

a. These courts were created under Art. 137 of PD 1083 dated February 4, 1977.
Their creation, as stated in Art. 2 of the decree, is a recognition of the legal
system of the Muslims in the Philippines as part of the law of the land and
seeks to make Islamic institutions more effective.
b. These courts are the a) Sharia District Courts and the b) Sharia Circuit Courts
(Art. 137, PD 1083). Under the same article, the Sharia courts and the
personnel thereof are subject to the administrative supervision of the Supreme
Court.
c. The Sharia District judges receive the same compensation and enjoy the same
privileges as the judges of Courts of First Instance, now Regional Trial Courts
(Art. 142, PD 1083). Sharia Circuit Court judges shall receive the same
compensation and enjoy the same privileges as judges of MTCs. (Art. 154, PD
1083)

2. Original jurisdiction of Sharia District Courts

JBD 93
Exclusive Original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and filiation
under the Code;
(b) All cases involving disposition, distribution and settlement of the estate of
the deceased Muslims, probate of wills, issuance of letters of administration
or appointment of administrators or executors regardless of the nature or the
aggregate value of the property;
(c) Petitions for the declaration of absence and death and for the cancellation or
correction of entries in the Muslim Registries mentioned in Title VI of Book
Two of the Code;
(d) All actions arising from customary contracts in which the parties are
Muslims, if they have not specified which law shall govern their relations;
and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus,
and all other auxiliary writs and processes in aid of its appellate jurisdiction.

Concurrent original jurisdiction of Sharia District Courts with existing civil


courts over:
(a) Petitions by Muslims for the constitution of a family home, change of name
and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph (d) of the
immediately preceding topic, wherein the parties involved are Muslims
except those for forcible entry and unlawful detainer, which shall fall
under the exclusive original jurisdiction of the Municipal Circuit Court;
and
(c) All special civil actions for interpleader or declaratory relief wherein the
parties are Muslims or the property involved belongs exclusively to
Muslims.

Appellate jurisdiction of Sharia District Courts over:


(a) all cases tried in the Sharia Circuit Courts within their territorial
jurisdiction;
(b) and decide all cases appealed to it on the basis of the evidence and records
transmitted as well as such memoranda, briefs or oral arguments as the
parties may submit (Art. 144, PD 1083).

3. Finality of decisions-

Under Art. 145 of the decree, the decisions of the Sharia District Courts whether
on appeal from the Sharia Circuit Court or not, shall be final. Nothing herein
contained shall affect the original and appellate jurisdiction of the Supreme
Court as provided in the Constitution.

4. Original jurisdiction of Sharia Circuit Courts

Exclusive original jurisdiction over:


JBD 94
(1) All cases involving offenses defined and punished under this Code;
(2) All civil actions and proceedings between parties who are Muslims or have
been married in accordance with Art. 13 involving disputes relating to:
(a) Marriage;
(b) Divorce recognized under the Code (PD 1083);
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (muta); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties. (Art. 155, PD
1083)

5. Rules applicable
The Sharia courts shall be governed by special rules of procedure as the
Supreme Court may promulgate (Art. 148 and Art. 158, PD 1083).

JBD 95

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