RULES ON EXPEDITED PROCEDURES 417, Chapter VII of Republic Act No.

7160, otherwise known as The Local

Government Code of 1991.
IN THE FIRST LEVEL COURTS
(e) Cases solely for the revival of judgment of any Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, and Municipal
Circuit Trial Court, pursuant to Rule 39, Section 6 of the Rules of Court.
RULE I
APPLICABILITY (f) The civil aspect of a violation of Batas Pambansa Blg. 22 (the Bouncing
Checks Law), if no criminal action has been instituted therefor. Should a
Section 1. Coverage. – These rules shall govern the expedited procedures in the criminal action be later instituted for the same violation, the civil aspect
Metropolitan Trial Courts (MeTCs), the Municipal Trial Courts in Cities (MTCCs), shall be consolidated with the criminal action and shall be tried and decided
the Municipal Trial Courts (MTCs), and the Municipal Circuit Trial Courts jointly under the Rule on Summary Procedure.
(MCTCs), for the following cases falling within their jurisdiction:
All other cases not included herein shall be governed by the regular rules of
A. CIVIL CASES procedure.

(1) Summary Procedure Cases, as follows: (2) Small Claims Cases, as defined hereunder, where the claim does not exceed
One Million Pesos (₱1,000,000.00), exclusive of interest and costs.
(a) Forcible entry and unlawful detainer cases, regardless of the amount of
A “small claim” is an action that is purely civil in nature where the claim or
damages or unpaid rentals sought to be recovered. Where attorney’s fees
relief raised by the plaintiff is solely for the payment or reimbursement of a sum of
are awarded, the same shall not exceed One Hundred Thousand Pesos
money. It excludes actions seeking other claims or reliefs aside from payment or
(₱100,000.00).
reimbursement of a sum of money and those coupled with provisional remedies.

(b) All civil actions, except probate proceedings, admiralty and maritime The claim or demand may be:
actions, and small claims cases falling under Rule IV hereof, where the
total amount of the plaintiff ’s claim does not exceed Two Million Pesos
(a) For money owed under any of the following:
(₱2,000,000.00), exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses and costs.
1. Contract of Lease;
(c) Complaints for damages where the claim does not exceed Two Million
Pesos (₱2,000,000.00), exclusive of interest and costs. 2. Contract of Loan and other credit accommodations;

(d) Cases for enforcement of barangay amicable settlement agreements and 3. Contract of Services; or
arbitration awards where the money claim exceeds One Million Pesos
(₱1,000,000.00), provided that no execution has been enforced by the 4. Contract of Sale of personal property, excluding the recovery of
barangay within six (6) months from the date of the settlement or date of the personal property, unless it is made the subject of a
receipt of the award or from the date the obligation stipulated or adjudged compromise agreement between the parties.
in the arbitration award becomes due and demandable, pursuant to Section
 (b) The enforcement of barangay amicable settlement agreements and Sec. 2. Non-applicability. – These Rules shall not apply to civil cases where the
arbitration awards, where the money claim does not exceed One plaintiff ’s cause of action is pleaded in the same complaint with another cause of
Million Pesos (₱1,000,000.00),provided that no execution has been action subject to the regular procedure; nor to criminal cases where the offense
enforced by the barangay within six (6) months from the date of the charged is necessarily related to another criminal case subject to the regular
settlement or date of receipt of the award or from the date the procedure.
obligation stipulated or adjudged in the arbitration award becomes due
and demandable, pursuant to Section 417, Chapter VII of Republic Act
No. 7160, otherwise known as The Local Government Code of 1991. RULE II
GENERAL COMMON PROVISIONS
B. CRIMINAL CASES
Section 1. Applicability of the regular rules. – The regular procedure prescribed in
The following criminal cases shall be governed by the Rule on Summary Procedure: the Rules of Court shall apply to the cases covered by these Rules where no specific
provision is found herein. It shall also apply in a suppletory manner even if there is
(1) Violations of traffic laws, rules and regulations; a specific provision found in these Rules, but only in so far as not inconsistent. In
case of inconsistency, these Rules shall prevail.
(2) Violations of the rental law;
Sec. 2. Prohibited pleadings and motions. – The following pleadings, motions, or
petitions shall not be allowed in cases governed by these Rules:
(3) Violations of municipal or city ordinances;
(a) In civil cases, a motion to dismiss the complaint or the statement of
(4) Violations of Batas Pambansa Blg. 22 (the Bouncing Checks Law); claim, and in criminal cases, a motion to quash the complaint or
and information, except on the ground of lack of jurisdiction over the
subject matter or failure to comply with the requirement of barangay
(5) All other criminal cases where the penalty prescribed by law for the conciliation, pursuant to Chapter VII, Title I, Book III of Republic Act
offense charged is imprisonment not exceeding one (1) year, or a fine No. 7160;
not exceeding Fifty Thousand Pesos (₱50,000.00), or both, regardless
of other imposable penalties, accessory or otherwise, or of the civil (b) Motion to hear and/or resolve affirmative defenses;
liability arising therefrom. In offenses involving damage to property
through criminal negligence under Article 365 of the Revised Penal
Code, this Rule shall govern where the imposable fine does not exceed
(c) Motion for a bill of particulars;
One Hundred Fifty Thousand Pesos (₱150,000.00).
(d) Motion for new trial, or for reconsideration of a judgment on the
If the prescribed penalty consists of imprisonment and/or a fine, the merits, or for reopening of proceedings;
prescribed imprisonment shall be the basis for determining the applicable procedure.
(e) Petition for relief from judgment;
All other cases not included herein shall be governed by the regular rules of
procedure. (f) Motion for extension of time to file pleadings, affidavits or any other
paper;
 (g) Memoranda;

(h) Petition for certiorari, mandamus, or prohibition against any RULE III
interlocutory order issued by the court; THE RULE ON SUMMARY PROCEDURE

A. CIVIL CASES
(i) Motion to declare the defendant in default;
Section 1. Pleadings and verification. – The only pleadings allowed to be filed are
(j) Dilatory motions for postponement. Any motion for postponement the complaint, compulsory counterclaim, cross-claim pleaded in the answer, and
shall be presumed dilatory unless grounded on acts of God, force reply, as provided in Section 8 of this Rule.
majeure, or physical inability of a counsel or witness to personally
appear in court, as supported by the requisite affidavit and medical All pleadings shall be verified.
proof;
Sec. 2. Form and contents of pleadings. – All pleadings submitted under this Rule
(k) Rejoinder; shall comply with Rule 7 of the 2019 Amendments to the 1997 Rules of Civil
Procedure.
(l) Third-party complaints;
All cases requiring prior referral to barangay conciliation must contain a
(m) Motion for and Complaint in Intervention; statement of compliance, pursuant to Chapter VII, Title I, Book III of Republic Act
No. 7160. Where there is no showing of compliance with such requirement, the
complaint shall be dismissed without prejudice, on the court’s own initiative or upon
(n) Motion to admit late judicial affidavit/s, position papers, or other motion by the defendant, and may be re-filed only after the requirement has been
evidence, except on the ground of force majeure or acts of God; complied with.

(o) Motion for judicial determination of probable cause in criminal cases. Sec. 3. Complaint. – The complaint shall state the following:

Sec. 3. Videoconference. – As far as practicable, and if the court finds that the (a) The names of the affiants whose judicial affidavits will be presented to
conduct of a videoconference hearing will be beneficial to the fair, speedy and prove the plaintiff ’s claim. The judicial affidavits shall be attached to
efficient administration of justice, the court, on its own initiative or upon motion, the complaint and form an integral part thereof. Judicial affidavits not
may set the case for a videoconference hearing at any stage of the proceedings. attached to the complaint shall not be considered;

Sec. 4. Service pursuant to international convention. – Service made pursuant to (b) The summary of the statements in the judicial affidavits;
the Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters shall be valid, and the period to answer
(c) The documentary and other object evidence in support of the
shall commence from receipt of the document served.
allegations in the complaint; and

(d) Whether the plaintiff consents to service by electronic means or

facsimile and, if so, the plaintiff ’s e-mail addresses or facsimile
numbers for such purpose.
Sec. 4. Summons. – Within five (5) calendar days from receipt of a new civil case, if (d) Whether the defendant consents to service by electronic means or
the court determines that the case falls under this Rule, the court shall direct the facsimile and, if so, the defendant’s e-mail addresses or facsimile
Branch Clerk to issue summons to the defendant, stating clearly that the case shall numbers for such purpose.
be governed by the Rule on Summary Procedure.
Affirmative defenses not pleaded in the answer shall be deemed waived,
However, if from an examination of the allegations in the initiatory except for lack of jurisdiction over the subject matter, litis pendentia, res judicata,
pleading and such evidence as may be attached thereto, a ground for the outright and prescription.
dismissal of the case is apparent, the court may dismiss the case on its own initiative.
These grounds include lack of subject matter jurisdiction, improper venue, lack of Cross-claims and compulsory counterclaims not asserted in the answer shall
legal capacity to sue, litis pendentia, res judicata, prescription, failure to state a be considered barred.
cause of action, non-submission of a certification against forum shopping, and lack
of compliance with a condition precedent such as absence of barangay conciliation,
Sec. 7. Counterclaims within the coverage of this Rule . – If at the time the action is
among others.
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
A patently erroneous determination to avoid the application of the Rule on transaction or event that is the subject matter of the plaintiff ’s claim; (c) does not
Summary Procedure is a ground for disciplinary action. 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 answer;
Sec. 5. Filing and service. – The rules on filing and service of pleadings under Rule otherwise, the defendant shall be barred from suing on such counterclaim.
13 and service of summons under Rule 14 of the 2019 Amendments to the 1997
Rules of Civil Procedure shall be applicable to cases under this Rule, unless The defendant may also elect to file a counterclaim against the plaintiff that
inconsistent. 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
Sec. 6. Answer. – Within thirty (30) calendar days from service of summons, the other legal fees are paid.
defendant shall file an answer to the complaint and serve a copy thereof on the
plaintiff. Any amount pleaded in a counterclaim in excess of Two Million Pesos
(₱2,000,000.00), excluding interests and costs, shall be deemed waived.
The answer shall state the following:
Sec. 8. Reply. – All new matters alleged in the answer shall be deemed controverted.
(a) The names of the affiants whose judicial affidavits will be presented to
prove the defendant’s allegations. The judicial affidavits shall be The plaintiff may file a reply to a counterclaim only when an actionable
attached to the answer and form an integral part thereof. Judicial document is attached to the answer. The reply shall be filed within ten (10) calendar
affidavits not attached to the answer shall not be considered; days from receipt of the answer.

(b) The summary of the statements in the judicial affidavits; Sec. 9. Effect of failure to answer. – Should the defendant fail to answer the
complaint within the period provided, the court, on its own initiative, or upon
manifestation by the plaintiff that the period for filing an answer has already lapsed,
(c) The documentary and other object evidence in support of the
shall render judgment as may be warranted by the facts alleged in the complaint and
allegations in the answer; and
its attachments, limited to what is prayed for therein.
 The court may reduce the amount of damages and attorney’s fees claimed (d) A list of testimonial, object, and other documentary evidence off ered
for being excessive or otherwise unconscionable. in support of the party’s claims or defenses, and their markings, if any.

Sec. 10. Preliminary Conference; notice. – Within five (5) calendar days after the Failure to submit a Preliminary Conference Brief within the period given
last responsive pleading is filed, the Branch Clerk of Court shall issue a Notice of shall merit the same sanction as non-appearance at the Preliminary Conference.
Preliminary Conference, which shall be held within thirty (30) calendar days from
the date of filing of such last responsive pleading. The rules on pre-trial under Rule Sec. 12. Appearance at Preliminary Conference . – It shall be the duty of the parties
18 of the 2019 Amendments to the 1997 Rules of Civil Procedure shall be applicable and their counsel to appear at the Preliminary Conference, Court-Annexed
to the Preliminary Conference, unless inconsistent. Mediation, and Judicial Dispute Resolution, if the latter is ordered by the court. The
non-appearance of a party and/or counsel may be excused only for acts of God,
The Notice of Preliminary Conference shall include the dates respectively force majeure, or duly substantiated physical inability.
set for:
A representative may appear on behalf of a party, but must be fully
(a) Preliminary Conference (within thirty [30] calendar days from the authorized through a Special Power of Attorney or a board resolution, as the case
filing of the last responsive pleading); may be, to: (1) enter into an amicable settlement, (2) to submit to alternative modes
of dispute resolution, and (3) to enter into stipulations or admissions of facts and
(b) Court-Annexed Mediation (within an inextendible period of thirty [30] documents. An authority which fails to include all these acts shall be ineffective and
the party represented shall be deemed absent.
calendar days from date of referral for mediation); and

The failure despite notice of the plaintiff and/or his or her counsel to appear
(c) Judicial Dispute Resolution, in the court’s discretion (within an at the Preliminary Conference shall be a cause for the dismissal of the complaint.
inextendible period of fifteen [15] calendar days from notice of failure
The defendant who appears in the absence of the plaintiff shall be entitled to
of the Court-Annexed Mediation).
judgment on the counterclaim, in accordance with Section 9 of this Rule. All cross-
claims shall be dismissed.
Non-appearance at any of the foregoing settings shall be deemed as non-
appearance at the Preliminary Conference and shall merit the same sanctions under
If a sole defendant and/or his or her counsel fail to appear at the
Section 12 of this Rule.
Preliminary Conference, the plaintiff shall be entitled to judgment in accordance
with Section 9 of this Rule. This Rule shall not apply, however, where one of two or
Sec. 11. Preliminary Conference Brief. – The parties shall file with the court and more defendants sued under a common cause of action and who had pleaded a
serve on the adverse party in such a way as to ensure receipt, at least three (3) common defense, shall appear at the Preliminary Conference.
calendar days before the scheduled Preliminary Conference, their respective
Preliminary Conference Briefs, which shall contain, among others:
Sec. 13. Preliminary Conference Order. – Immediately after the preliminary
conference and the issues having been joined, the court shall issue a Preliminary
(a) A summary of admitted facts; Conference Order referring the parties to the mandatory Court-Annexed Mediation,
and Judicial Dispute Resolution, which shall be conducted in accordance with the
(b) A summary of disputed facts and proposals for stipulations on the provisions of A.M. No. 19-10-20-SC or the 2020 Guidelines for the Conduct of the
same; Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) in Civil
Cases.
(c) A statement of factual and legal issues; and
 The court may, in the same Preliminary Conference Order, declare the case The complaint or information and other submissions of the parties may be
submitted for judgment if, on the basis of the pleadings and their attachments, as filed with the court and served on the adverse party/ies, and judgments, resolutions,
well as the stipulations and admissions made by the parties, judgment may be orders, and other court processes may be served to the parties, electronically with
rendered without the need of submission of position papers. In this event, the court their consent, in accordance with the prevailing Rules and other Court issuances.
shall render judgment within thirty (30) calendar days from issuance of the order.
The court’s order shall not be the subject of a motion for reconsideration or a Sec. 2. Duty of court; judicial affidavits. –
petition for certiorari, prohibition, or mandamus, but may be among the matters
raised on appeal after a judgment on the merits. (a) If commenced by complaint. – On the basis of the complaint and
the judicial affidavits and other evidence accompanying the same, the court may
If the court, however, deems the submission of position papers still necessary, it dismiss the case outright for lack of probable cause, and order the release of the
shall require the parties, in the Preliminary Conference Order, to submit their accused if in custody.
respective position papers within ten (10) calendar days from receipt of such order.
No other judicial affidavits or evidence will be admitted even if filed with the
(b) If commenced by information. – When the case is commenced by
position papers.
information, or is not dismissed pursuant to paragraph (a), the court shall issue an
order which, together with copies of the resolution of the investigating officer and
Sec. 14. Rendition of judgment. – Within thirty (30) calendar days from receipt by the judicial affidavits and other evidence submitted by the prosecution, shall
the court of the Mediator’s Report or the JDR Report on the parties’ failure to reach require the accused to submit a judicial counter-affidavit and the judicial affidavits
an amicable settlement, the court shall render judgment. of his or her witnesses, as well as any other evidence in his or her behalf, within
fifteen (15) calendar days from receipt of the order. The accused shall serve copies
However, should the court find it necessary to clarify certain material facts, thereof on the private complainant and the public prosecutor within the same
it may, during the said period, issue an order specifying the matters to be clarified, period.
and require the parties to submit additional judicial affidavits or other evidence on
the said matters, within ten (10) calendar days from receipt of said order. Judgment Except on rebuttal, no witness shall be allowed to testify unless his or her
shall be rendered within fifteen (15) calendar days after the receipt of the last judicial affidavit was submitted in accordance with this provision. The judicial
clarificatory judicial affidavits, or the expiration of the period for filing the same. affidavit shall take the place of the direct testimony of a witness.

The court shall not resort to the clarificatory procedure to gain time for the However, instead of judicial affidavits, the prosecution may submit the
rendition of the judgment. written sworn statements of the complainant and/or the witnesses prepared by the
law enforcement agents assigned to the case, or the affidavits submitted to the public
B. CRIMINAL CASES prosecutor during preliminary investigation. If the prosecution chooses this option,
the prosecutor shall not be allowed to ask additional direct examination questions of
Section 1. How commenced; filing and service. – The filing of criminal cases the complainant and/or the witnesses, except for meritorious reasons. The sworn
governed by the Rule on Summary Procedure shall either be by complaint or by statements and affidavits shall stand as the direct testimony of the affiants,
information. supplemented by additional direct examination if allowed by the court.

The complaint or information shall be accompanied by the judicial Sec 3. Determination of probable cause. – Upon receipt of the accused’s judicial
affidavits of the complainant and of his or her witnesses, in such number of copies as counter-affidavit and/or the judicial affidavits of his or her witnesses, or the lapse of
there are accused, plus one (1) copy for the court. the period given for the submission thereof, the court shall determine if probable
cause exists to hold the accused for trial.
 If the court finds that no probable cause exists, it shall order the dismissal Before arraigning the accused, the court shall inquire into the possibility of
of the case and the immediate release of the accused, if in custody. a plea bargain between the parties. If there is no plea bargain, the court shall arraign
the accused on the original charge and enter his or her plea in the record.
If the court finds that probable cause exists, the court shall set the case for
arraignment and pre-trial. If the accused pleads guilty to the original charge, the court shall forthwith sentence
him or her.
For detained accused, if the period for submission of judicial affidavits and
other evidence by the accused has not yet lapsed and no submission has been made If the accused offers to plead guilty to a lesser offense, the consent of the
on the date set for the arraignment and pre-trial, the court may proceed with the public prosecutor and the private complainant, or the law enforcement agent
arraignment if the accused waives the court’s consideration of his or her judicial assigned to the case in victimless crimes, shall be secured, unless the latter are
counter-affidavit and/or the judicial affidavits of his or her witnesses in the absent despite notice, in which case the consent of the public prosecutor shall
determination of probable cause, without waiver of the admission of such judicial suffice.
counter-affidavit and/or the judicial affidavits of his or her witnesses within a fresh
period of ten (10) calendar days from the date of the arraignment and the pre-trial. (b) After arraignment, the court shall conduct the Pre-Trial Conference in
accordance with the Revised Guidelines for Continuous Trial of Criminal Cases .
Sec. 4. Arrest. – The court shall not issue a warrant for the arrest of the accused in
criminal cases governed by the Rule on Summary Procedure, except for failure to No admission by the accused shall be used against him or her unless
appear despite notice, whenever required by the court. Release of the person arrested reduced into writing and signed by the accused and the defense counsel. The
shall either be on bail, or on his or her own recognizance, or that of a responsible signatures of the accused and the defense counsel either on the Pre-Trial Order or the
citizen acceptable to the court. Minutes of the Pre-Trial Conference, which embodies such admissions, shall suffice.

If the warrant of arrest could not be served on the accused because he or she Sec. 6. Trial and offer. – At the trial, the testimonies of witnesses shall consist of the
could not be located, the court shall issue an order archiving the case once the law duly subscribed written statements given to law enforcement agents, or the affidavits
enforcement agency entrusted with the service of the warrant of arrest files a return or counter-affidavits submitted before the investigating officer, or their judicial
to that effect, or after six (6) months from the issuance of the warrant of arrest, there affidavits, subject to cross, re-direct, and re-cross examination questions.
being no return filed by the law enforcement agency.
Should any affiant fail to testify, his or her affidavit shall not be considered
Sec. 5. Arraignment and pre-trial. – as competent evidence for the party presenting the affidavit, but the adverse party
may utilize the same for any admissible purpose.
(a) Upon receipt of the case, the court shall set the arraignment and pre-trial
within ten (10) calendar days for detained accused and thirty (30) calendar days for Except on rebuttal, no witness shall be allowed to testify unless his or her
non-detained accused. affidavit was previously submitted to the court in accordance with Section 2 hereof.

The notice of arraignment and pre-trial shall require the attendance of the The prosecution shall have sixty (60) calendar days to complete its
accused and his or her counsel and all defense witnesses, the private complainant evidence presentation. On the last day of its presentation of evidence, the public
and his or her witnesses, the public prosecutor and private prosecutor, where prosecutor shall orally off er the prosecution evidence. The defense counsel shall
allowed, as well as the law enforcement agents assigned to the case. then make his or her oral comments on the off er, and thereafter, the court shall
orally resolve the off er of evidence of the prosecution. The ruling shall be
embodied in the written order the court will issue thereafter.
 The defense shall also have sixty (60) calendar days to complete its RULE IV
evidence presentation. On the last day of its presentation of evidence, the defense THE RULE ON SMALL CLAIMS
counsel shall orally off er the defense evidence. The public prosecutor shall then
make his or her oral comments on the off er, and thereafter, the court shall orally Section 1. Scope. – This Rule shall govern the procedure in actions before the
resolve the off er of evidence of the defense. The ruling shall be embodied in the Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs),
written order the court will issue thereafter. Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) for
payment or reimbursement of a sum of money where the value of the claim does not
If the prosecution decides to present rebuttal evidence, it shall have fifteen exceed One Million Pesos (P1,000,000.00).
(15) calendar days from the court action on the off er of defense evidence to
complete the same. Sec. 2. Objectives. –

A motion for postponement of any trial date shall be presumed dilatory and (a) To protect and advance the constitutional right of persons to a speedy
denied outright, unless grounded on acts of God, force majeure, or duly disposition of their cases;
substantiated physical inability of the counsel or witness. Any postponement
granted by the court for the authorized causes shall not extend the period for
presentation of a party’s evidence. The party who sought the postponement shall
(b) To provide a simplified and inexpensive procedure for the disposition
of small claims cases; and
only have the remaining trial dates assigned to him or her to complete his or her
evidence presentation.
(c) To introduce innovations and best practices for the benefit of the
Sec. 7. Judgment. – The court shall render and promulgate the judgment not later underprivileged.
than thirty (30) calendar days from the court’s action on the last presenting party’s
off er of evidence. Sec. 3. Definition of terms. – For purposes of this Rule:

C. APPEALS IN SUMMARY PROCEDURE (a) Plaintiff refers to the party who initiated a small claims action. The
term includes a defendant who has filed a counterclaim against a
plaintiff;
Section 1. Ordinary appeal. – Any judgment, final order, or final resolution in a
Summary Procedure case may be appealed to the appropriate Regional Trial Court
exercising jurisdiction over the territory under Rule 40 for civil cases and Rule 122 (b) Defendant is the party against whom the plaintiff has filed a small
for criminal cases, of the Rules of Court. The appeal shall be taken by filing a notice claims action. The term includes a plaintiff against whom a defendant
of appeal, together with proof of payment of the appeal fees, with the court that has filed a claim, or a person who replies to the claim;
rendered the judgment, order or resolution appealed from, within fifteen (15)
calendar days from receipt of the same.
(c) Person is an individual, corporation, partnership, limited liability
partnership, association, or other juridical entity endowed with
Sec. 2. Remedy from judgment on appeal . – The judgment of the Regional Trial personality by law;
Court on the appeal shall be final, executory, and unappealable.
(d) Individual is a natural person;
 (e) Motion means a party’s request, written or oral, to the court for an Sec. 5. Venue for small claims cases. – The regular rules on venue shall apply.
order or other action. It shall include an informal written request to the
court, such as a letter; However, if the plaintiff is engaged in the business of lending, banking and
similar activities, and has a branch within the municipality or city where the
(f) Good cause means circumstances sufficient to justify the requested defendant resides or is holding business, the Statement of Claim/s shall be filed in
order or other action, as determined by the judge; the court of the city or municipality where the defendant resides or is holding
business. If there are two (2) or more defendants, it shall be filed in the court of the
city or municipality where any of them resides or is holding business, at the option
(g) Affidavit means a written statement or declaration of facts that are of the plaintiff.
sworn to or affirmed to be true;
Sec. 6. Joinder of claims. – Plaintiff may join in a single statement of claim one or
(h) Business of lending refers to any lending activity pursued with more separate small claims against a defendant provided that the total amount
regularity; claimed, exclusive of interest and costs, does not exceed One Million Pesos
(P1,000,000.00).
(i) Business of banking refers to the business of lending funds obtained in
the form of deposits. Sec. 7. Affidavits. – The affidavits submitted under this Rule shall state only facts of
direct personal knowledge of the affiants or based on authentic records, which are
Sec. 4. Commencement of small claims action. – A small claims action is admissible in evidence.
commenced by filing with the court an accomplished Statement of Claim/s with
Verification and Certification Against Forum Shopping, Splitting a Single Cause of A violation of this requirement shall subject the party, and the counsel who
Action, and Multiplicity of Suits (Form 1-SCC) and duly certified photocopies of the assisted the party in the preparation of the affidavits, if any, to appropriate
actionable document/s subject of the claim, affidavits of witnesses, and other disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be
evidence to support the claim, with as many copies thereof as there are defendants. expunged from the record.
No evidence shall be allowed during the hearing which was not attached to or
submitted together with the Statement of Claim/s, unless good cause is shown for The non-submission of the required affidavits will cause the immediate
the admission of additional evidence. dismissal of the claim or counterclaim.

The plaintiff must state in the Statement of Claim/s if he/she/it is engaged Sec. 8. Payment of filing fees. – The plaintiff shall pay the docket and other legal
in the business of lending, banking and similar activities, and the number of small fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to
claims cases filed within the calendar year regardless of judicial station. litigate as an indigent. Exemption from the payment of filing fees shall be granted
only by the Supreme Court.
For juridical entities, a board resolution or secretary’s certificate
authorizing the person to file the claim must be attached to the Statement of However, if more than five (5) small claims are filed by one party within
Claim/s.1 the calendar year, regardless of the judicial station, an additional filing fee of Five
Hundred Pesos (P500.00) shall be paid for every claim filed after the fifth (5th)
No formal pleading, other than the Statement of Claim/s described in this claim, and an additional One Hundred Pesos (P100.00) or a total of Six Hundred
Rule, is necessary to initiate a small claims action. Pesos (P600.00) for every claim filed after the tenth (10th) claim, and another One
Hundred Pesos (P100.00) or a total of Seven Hundred Pesos (P700.00) for every
claim filed after the fifteenth (15th) claim, progressively and cumulatively.
1 Per Resolution dated 15 March 2022, A.M. No. 08-8-7-SC.
 If a case is dismissed without prejudice under Section 12(f), and is re-filed (j) Plaintiff failed to submit the required affidavits, as provided in Section
within one (1) year from notice of dismissal, the plaintiff shall pay a fixed amount of 7 of this Rule.
Two Thousand Pesos (P2,000.00) as filing fee, inclusive of the One Thousand Pesos
(P1,000.00) fee for service of summons and processes. The order of dismissal shall state if it is with or without prejudice.

If the plaintiff is engaged in the business of lending, banking, and similar If, during the hearing, the court is able to determine that there exists a
activities, the amount of filing and other legal fees shall be the same as those ground for dismissal of the Statement of Claim/s, the court may, on its own initiative,
applicable to cases filed under the regular rules of procedure. dismiss the case even if such ground is not pleaded in the defendant’s Response
(Form 3-SCC).
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. If If plaintiff misrepresents that he/she/it is not engaged in the business of
the motion is granted by the Executive Judge, the case shall be raffled off or lending, banking, or similar activities when in fact he/she/it is so engaged, the
assigned to the court designated to hear small claims cases. If the motion is denied, Statement of Claim/s shall be dismissed with prejudice and plaintiff shall be meted
the plaintiff shall be given five (5) calendar days within which to pay the docket the appropriate sanctions, including citation for direct contempt.
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 One However, if the case does not fall under this Rule, but falls under summary
Thousand Pesos (P1,000.00) fee for service of summons and processes. or regular procedure, or if the case is filed under summary or regular procedure but
falls under this Rule, the case shall not be dismissed. Instead, the case shall be re-
Sec. 9. Dismissal of the claim. – After the court determines that the case falls under docketed under the appropriate procedure, and returned to the court where it was
this Rule, it may, from an examination of the allegations of the Statement of Claim/s assigned, subject to payment of any deficiency in the applicable regular rate of filing
and such evidence attached thereto, on its own initiative, dismiss the case outright on fees.
any of the following grounds:
Sec. 10. Summons and Notice of Hearing. – If no ground for dismissal is found, the
(a) The court has no jurisdiction over the subject matter; court shall forthwith issue Summons (Form 2-SCC) within twenty-four (24) hours
(b) There is another action pending between the same parties for the same from receipt of the Statement of Claim/s, directing the defendant to submit a verified
Response.
cause;
(c) The action is barred by prior judgment; The Summons to be served on the defendant shall be accompanied by a
(d) The claim is barred by the statute of limitations; copy of the Statement of Claim/s and documents submitted by plaintiff, and a blank
Response Form (Form 3-SCC) to be accomplished by the defendant.
(e) The court has no jurisdiction over the person of the defendant;
(f) Venue is improperly laid; The court shall also issue a Notice of Hearing (Form 4-SCC) to both
parties, directing them to appear before it on a specific date and time for hearing,
(g) Plaintiff has no legal capacity to sue; with a warning that no unjustified postponement shall be allowed, as provided in
(h) The Statement of Claim/s states no cause of action; Section 20 of this Rule. A blank Special Power of Attorney (Form 7-SCC) shall be
attached to the Notice of Hearing.
(i) That a condition precedent for filing the claim has not been complied
with; and The Notice of Hearing shall accompany the Summons and shall contain: (a)
the date of the hearing, which shall not be more than thirty (30) calendar days from
the filing of the Statement of Claim/s, or not more than sixty (60) calendar days if
one of the defendants resides or holds business outside the judicial region; and (b) in indirect contempt under Rule 71 of the Rules of Court, and/or be meted a fine
the express prohibition against the filing of a motion to dismiss or other prohibited in the amount of Five Thousand Pesos (₱5,000.00).
motions under Section 2, Rule II.
(f) In both instances under paragraphs (b) and (c), the plaintiff shall inform the
Sec. 11. Electronic filing and service . – The service of court issuances and filings court within thirty (30) calendar days from notice if said Summons was served;
by the plaintiff /s and defendant/s may be made through e-mail, facsimile, and other otherwise, the Statement of Claim/s shall be dismissed without prejudice as to
electronic means. Notices may also be served through mobile phone calls, short those who were not served with Summons. This is not a ground to archive the
messaging service (SMS), or instant messaging (IM) software applications. The case. The case, however, may be re-filed within one (1) year from notice of
consent to, and chosen mode of, electronic service and notice shall be indicated in dismissal, subject to payment of reduced filing fees under Section 8 hereof.
the Statement of Claim/s or Response, as the case may be.
Sec. 13. Response. – The defendant shall file with the court and serve on the
Sec. 12. Service of Summons. – plaintiff a duly accomplished and verified Response (Form 3-SCC) within a non-
extendible period of ten (10) calendar days from receipt of Summons. The
(a) The Summons and Notice of Hearing must be issued within twenty-four (24) Response shall be accompanied by certified photocopies of documents, as well as
hours from receipt of the Statement of Claim/s. 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
The Summons, together with the Notice of Hearing, shall be served by the Response, unless good cause is shown for the admission of additional evidence.
sheriff, his or her deputy, or other proper court officer within ten (10) calendar
days from issuance. Within five (5) calendar days from such service, the Sec. 14. Effect of failure to file response. – Should the defendant fail to file
Officer’s Return shall be filed with the court with a copy furnished to the his/her/its Response within the required period, and likewise fail to appear on the
plaintiff at the given address/es of record. date set for hearing, the court shall render judgment within twenty-four (24) hours
from the termination of the hearing, as may be warranted by the facts alleged in the
Statement of Claim/s and its attachments.
(b) If Summons is returned without being served on any or all of the defendants, the
court shall order the plaintiff or his or her representative to serve or cause the
Should the defendant fail to file his/her/its Response within the required
service of Summons.
period but appear on the date set for hearing, the court shall ascertain what defense
he/she/its has to off er, which shall constitute his/her/its Response, proceed to hear
(c) In cases where Summons is to be served outside the judicial region of the court the case on the same day as if a Response has been filed and, thereafter, render
where the case is pending, the court may order the plaintiff or his or her judgment within twenty-four (24) hours from the termination of the hearing. If the
representative to serve or cause the service of Summons. defendant relies on documentary evidence to support his/her/its defense, the court
shall order him/ her/it to submit original copies of such documents within three (3)
(d) If the plaintiff is a juridical entity, it shall notify the court, in writing, and name calendar days from the termination of the hearing and, upon receipt thereof or
its authorized representative therein, attaching a board resolution or secretary’s expiration of the period to file, the court shall render judgment within twenty-four
certificate thereto, as the case may be, stating that such representative is duly (24) hours.
authorized to serve the Summons on behalf of the plaintiff.
Sec. 15. Counterclaims within the coverage of this Rule. – If at the time the action is
(e) If the plaintiff misrepresents that the defendant was served with Summons, and commenced, the defendant possesses a claim against the plaintiff that (a) is within
it is later proved that no Summons was served, the case shall be dismissed with the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same
prejudice, the proceedings shall be nullified, and the plaintiff shall be declared transaction or event that is the subject matter of the plaintiff ’s 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; Sec. 18. Appearance of attorneys not allowed. – No attorney shall appear in behalf
otherwise, the defendant shall be barred from suing on such counterclaim. of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.

The defendant may also elect to file a counterclaim against the plaintiff that If the court determines that a party cannot properly present his/her/its claim
does not arise out of the same transaction or occurrence, provided that the amount or defense and needs assistance, the court may, in its discretion, allow another
and nature thereof are within the coverage of this Rule and the prescribed docket and individual who is not an attorney to assist that party upon the latter’s consent.
other legal fees are paid.
Sec. 19. Non-appearance of parties. – Failure of the plaintiff to appear shall be
Any amount pleaded in a counterclaim in excess of One Million Pesos cause for the dismissal of the Statement of Claim/s without prejudice. The defendant
(P1,000,000.00), excluding interests and costs, shall be deemed waived. who appears in the absence of the plaintiff shall be entitled to judgment on the
counterclaim.
Sec. 16. 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 Failure of the defendant to appear shall have the same effect as failure to
plaintiff or a defendant regarding the availability of forms and other information file a Response under Section 14 of this Rule. This shall not apply where one of two
about the coverage, requirements, as well as procedure, for small claims cases. or more defendants who are sued under a common cause of action and have pleaded
a common defense appears at the hearing.
Plaintiff shall be given copies of Forms 1-SCC (Statement of Claim/s), 1-
A-SCC (Other Plaintiff s or Defendants) for additional plaintiff s or defendants, if Failure of both parties to appear shall cause the dismissal with prejudice of
any, and 1-B-SCC (Plaintiff ’s Information Sheet). both the Statement of Claim/s and the counterclaim.

The Branch Clerk of Court must ensure that there should be, at least, one Sec. 20. Postponement when allowed. – A request for postponement of a hearing
(1) hearing day every week devoted to Small Claims, with a minimum of five (5) may be granted only upon proof of the physical inability of the party to appear
cases scheduled per hearing day. Cases with the same party-plaintiff may all be set before the court on the scheduled date and time. A party may avail of only one (1)
on the same date for facility in the preparation of notices and judgments. The court postponement.
should post a notice of its Small Claims hearing day conspicuously at the Branch
and at the Office of the Clerk of Court. Sec. 21. 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
Sec. 17. Appearance. – The parties shall personally appear on the designated date of of small claims cases.
hearing.
Sec. 22. Hearing. – At the hearing, the judge shall first exert eff orts to bring the
Appearance through a representative must be for a valid cause. The parties to an amicable settlement of their dispute. Settlement discussions must be
representative of an individual-party must not be a lawyer. Juridical entities shall conducted in strict confidentiality.
not be represented by a lawyer in any capacity.
Any settlement or resolution of the dispute shall be reduced into writing,
The representative must be authorized under a Special Power of Attorney signed by the parties, and immediately submitted to the court for approval at the
(Form 7-SCC), board resolution or secretary’s certificate, as the case may be, to hearing (Form 9-SCC). The court shall render judgment based on the compromise
enter into an amicable settlement of the dispute and to enter into stipulations or agreement within twenty-four (24) hours, and furnish copies thereof to the parties
admissions of facts and of documentary exhibits. (Form 10-SCC).
 If at any time before or at the hearing, a compromise agreement is Sec. 25. Execution. – When the decision is rendered and proof of receipt thereof is
submitted, signed by both parties, but only one (1) or neither party appears to on record, execution shall issue (Forms 13-SCC, 13-A-SCC, or 13-B-SCC) upon ex
confirm it, the court shall issue an order directing the non-appearing party/ies to parte motion of the winning party (Form 12-SCC). However, a decision based on
confirm the compromise agreement within three (3) calendar days from notice compromise shall not be covered by the requirement of proof of receipt.
thereof; otherwise, it shall be deemed confirmed.
Sec. 26. Certification of documents. – All documents attached to the Statement of
If eff orts at settlement fail, the court shall immediately proceed to hear the Claim/s or Response that are required to be certified, except public or official
case in an informal and expeditious manner and, thereafter, render judgment within documents, shall be certified by the signature of the plaintiff or defendant
twenty-four (24) hours from termination of the hearing. concerned.

Sec. 23. Resort to alternative videoconferencing platform . – Should the hearing be Sec. 27. Non-applicability. – The rules on mediation and judicial dispute resolution
done through videoconferencing, the court shall require the parties to participate shall not apply, as the parties may enter into compromise at any stage of the
through the use of the Court prescribed videoconferencing platform. However, if any proceedings.
of the participants communicates his or her difficulty in accessing or using the said
videoconferencing platform, the court may allow the use of alternative RULE V
videoconferencing platforms or instant messaging (IM) applications with video call EFFECTIVITY
features, provided that the following conditions are met:
The Rules on Expedited Procedures in the First Level Courts shall take effect on 11
(a) The court shall use either its official e-mail address or cell phone April 2022 and shall prospectively apply only to cases filed from the said date of
number to access the alternative videoconferencing platform or instant effectivity. Those pending cases covered by these Rules, which are currently before
messaging (IM) application; the second and first level courts, shall remain with and be decided by those same
courts based on the rules applicable at the time those cases were filed.
(b) The parties shall use the e-mail address or cell phone number they
indicated in their Statement of Claim/s or Response, as the case may
be, to access the alternative videoconferencing platform or instant
messaging (IM) application; and
(c) The court shall maintain a record and transcription of the proceedings.

Sec. 24. Decision. – After the hearing, the court shall render its decision based on
the facts established by the evidence, within twenty-four (24) hours from
termination of the hearing (Form 11-SCC). The refund of the remaining balance
from the Sheriff ’s Trust Fund (STF), subject to accounting and auditing procedures,
shall be included in the decision.

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, executory and unappealable.