Prac2requirement.docx

A.M. No. 12-8-8-SC JUDICIAL AFFIDAVIT RULE Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and cumbersome adversarial system that the judiciary has in place; Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up coming to court after repeated postponements; Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their investments, keeping its people poor; Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the direct testimonies of witnesses; Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases; Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the success of the Quezon City experience in the use of judicial affidavits; and Whereas, the Supreme Court En Banc finds merit in the recommendation; NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:

Section 1. Scope. – (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before: (1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims cases under A.M. 08-87-SC; (2) The Regional Trial Courts and the Shari'a District Courts; (3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and

the Shari'a Appellate Courts; (4) The investigating officers and b odies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the Philippine (IBP); and

(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this Rule.1 (b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be uniformly referred to here as the "court."

Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. – (a) The parties shall: 1. file with the court and 2. serve on the adverse party, personally or by licensed courier service, not later than five days before pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following: (1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct testimonies; and (2) The parties' documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant. (b) Should a party or a witness desire to keep the original document or object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In addition, the party or witness shall bring the original document or object evidence for comparison during the preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be admitted. This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing rules. Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following: (a) The name, age, residence or business address, and occupation of the witness; (b) The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held;

(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that he may face criminal liability for false testimony or perjury; (d) Questions asked of the witness and his corresponding answers, consecutively numbered, that: (1) Show the circumstances under which the witness acquired the facts upon which he testifies; (2) Elicit from him those facts which are relevant to the issues that the case presents; and (3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of Court; (e) The signature of the witness over his printed name; and (f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer the same. Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that: (1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and (2) Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. (b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment. Section 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the relevant books, documents, or other things under his control available for copying, authentication, and eventual production in court, the requesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a judicial affidavit shal1 be understood to be ex parte. Section 6. Offer of and objections to testimony in judicial affidavit. – The party presenting the judicial affidavit of his witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court. Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the witness may also examine him as on re-direct. In every case, the court shall take active part in examining the

witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for resolving the issues. Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he offers the particular exhibit. (b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission, and the court shall immediately make its ruling respecting that exhibit. (c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections, and the rulings, dispensing with the description of each exhibit.

Section 9. Application of rule to criminal actions. – (a) This rule shall apply to all criminal actions: (1) Where the maximum of the imposable penalty does not exceed six years; (2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or (3) With respect to the civil aspect of the actions, whatever the penalties involved are. (b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies if the same upon the accused. The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial. (c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution, he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the court to testify. Section 10. Effect of non-compliance with the judicial Affidavit Rule. – (a) A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however, allow only once the late submission of the same provided: the delay is for a valid reason, would not unduly prejudice the opposing party, and

the defaulting party pays a fine of not less than P 1,000.00 nor more than P 5,000.00 at the discretion of the court. (b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his client's right to confront by cross-examination the witnesses there present. (c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and submission pays a fine of not less than P 1,000.00 nor more than P 5,000.00, at the discretion of the court. Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the rules of procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are repealed or modified insofar as these are inconsistent with the provisions of this Rule.1âwphi1 The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved. Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its publication in two newspapers of general circulation not later than September 15, 2012. It shall also apply to existing cases. Manila, September 4, 2012. MARIA LOURDES P. A. SERENO Chief Justice ANTONIO T. CARPIO Associate Justice

PRESBITERO J. VELASCO, JR. Associate Justice

TERESITA J. LEONARDO-DE CASTRO Associate Justice

ARTURO D. BRION Associate Justice

DISODADO M. PERLATA Associate Justice

LUCAS P. BERSAMIN Associate Justice

MARIANO C. DEL CASTILLO Associate Justice

ROBERTO A. ABAD Associate Justice

MARTIN S. VILLARAMA, JR. Associate Justice

JOSE P. PEREZ Associate Justice

JOSE C. MENDOZA Associate Justice

BIENVENIDO L. REYES Associate Justice

ESTELA M. PERLAS-BERNABE Associate Justice

G.R. No. 214054. August 5, 2015. NG MENG TAM, petitioner, vs. CHINA BANKING CORPORATION, respondent.

Remedial Law; Evidence; Judicial Affidavit Rule; Section 2(a) of the Judicial Affidavit Rule (JAR) provides that judicial affidavits are mandatorily filed by parties to a case except in small claims cases. These judicial affidavits take the place of direct testimony in court. —The JAR primarily affects the manner by which evidence is presented in court. Section 2(a) of the JAR provides that judicial affidavits are mandatorily filed by parties to a case except in small claims cases. These judicial affidavits take the place of direct testimony in court. It provides: Sec. 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies.—(a) The parties shall file with the court and serve on the adverse party, personally or by licensed courier service, not later than five days before pretrial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following: (1) The judicial affidavits of their witnesses, which shall take the place of such witnesses’ direct testimonies; and (2) The parties’ documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.

G.R. No. 217694. January 27, 2016. FAIRLAND KNITCRAFT CORPORATION, petitioner, vs. ARTURO LOO PO, respondent. Fairland Knitcraft Corporation vs. Loo Po, 782 SCRA 465, G.R. No. 217694 January 27, 2016

Same; Judicial Affidavit Rule; In the Judicial Affidavit Rule (JAR), the attachments of documentary or object evidence to the affidavits is required when there would be a pretrial or preliminary conference or the scheduled hearing. —The Court deems it proper to discuss the relevance of the Judicial Affidavit Rule or A.M. No. 12-8-8-SC, where documentary or object evidence are required to be attached. To begin with, the rule is not applicable because such evidence are required to be attached to a judicial affidavit, not to a complaint. Moreover, as the rule took effect only on January 1, 2013, it cannot be required in this case because this was earlier filed on December 12, 2012. Granting that it can be applied retroactively, the rule being essentially remedial, still it has no bearing on the ruling of this Court. In the Judicial Affidavit Rule, the attachments of documentary or object evidence to the affidavits are required when there would be a pretrial or preliminary conference or the scheduled hearing. As stated earlier, where a defendant fails to file an answer, the court shall render judgment, either motu proprio or upon plaintiff’s motion, based solely on the facts alleged in the complaint and limited to what is prayed for. Thus, where there is no answer, there is no need for a pretrial, preliminary conference or hearing.

A.M. No. 11-9-4-SC

EFFICIENT USE OF PAPER RULE Whereas, to produce 500 reams of paper, twenty trees are cut and 100,000 liters of water are used, water that is no longer reusable because it is laden with chemicals and is just released to the environment to poison our rivers and seas; Whereas, there is a need to cut the judicial system’s use excessive quantities of costly paper, save our forests, avoid landslides, and mitigate the worsening effects of climate change that the world is experiencing; Whereas, the judiciary can play a big part in saving our trees, conserving precious water and helping mother earth; NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following: Sec. 1. Title of the Rule– This rule shall be known and cited as the Efficient Use of Paper Rule. Sec. 2. Applicability. – This rule shall apply to all courts and quasi-judicial bodies under the administrative supervision of the Supreme Court. Sec. 3. Format and Style. – a) All pleadings, motions and similar papers intended for the court and quasi-judicial body’s consideration and action (court-bound papers) shall written in single space with one-and-a –half space between paragraphs, using an easily readable font style of the party’s choice, of 14-size font, and on a 13 –inch by 8.5- inch white bond paper; and b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the administrative supervision of the Supreme Court shall comply with these requirements. Similarly covered are the reports submitted to the courts and transcripts of stenographic notes. Sec. 4. Margins and Prints .— The parties shall maintain the following margins on all court-bound papers: a left hand margin of 1.5 inches from the edge; an upper margin of 1.2 inches from the edge; a right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from the edge. Every page must be consecutively numbered. Sec. 5. Copies to be filed. – Unless otherwise directed by the court, the number of courtbound papers that a party is required or desires to file shall be as follows: a. In the Supreme Court, one original (properly marked) and four copies, unless the case is referred to the Court En Banc, in which event, the parties shall file ten additional copies. For the En Banc, the parties need to submit only two sets of annexes, one attached to the original and an extra copy. For the Division, the parties need to submit also two sets of annexes, one attached to the original and an extra copy. All members of the Court shall share the extra copies of annexes in the interest of economy of paper. Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months following the effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit, simultaneously with their court-bound papers, soft copies of the same and their annexes (the latter in PDF format) either by email to the Court’s e-mail address or by compact disc (CD). This requirement is in preparation for the eventual establishment of an e-filing paperless system in the judiciary. b. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with their annexes; c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the En Banc, one Original (properly marked) and eight copies with annexes; and d. In other courts, one original (properly marked) with the stated annexes attached to it.

Sec. 6. Annexes Served on Adverse Party. – A party required by the rules to serve a copy of his court-bound on the adverse party need not enclose copies of those annexes that based on the record of the court such party already has in his possession. In the event a party requests a set of the annexes actually filed with the court, the part who filed the paper shall comply with the request within five days from receipt. Sec. 7. Date of Effectivity. – This rule shall take effect on January 1, 2013 after publication in two newspapers of general circulation in the Philippines. Manila, November 13, 2012.

G.R. No. 213525 November 21, 2017 FORTUNE LIFE INSURANCE COMPANY, INC., Petitioner vs. COMMISSION ON AUDIT (COA) PROPER; COA REGIONAL OFFICE NO. VIWESTERN VISAYAS; AUDIT GROUP LGS-B, PROVINCE OF ANTIQUE; and PROVINCIAL GOVERNMENT OF ANTIQUE, Respondents

To recall the antecedents, the Court issued a resolution on January 27, 2015 denying the petitioner's Motion for Reconsideration4 on the following grounds, namely: (a) failure to comply with the rule on proof of service; (b) late filing; (c) failure to file a verified declaration under the Efficient Use of Paper Rule; and (d) failure to prove grave abuse of discretion on the part of respondent Commission on Audit (COA). As earlier pointed out, the petition for certiorari was dismissed upon reasonable but still formidable grounds, namely: (a) non-compliance with the rule on proof of service; (b) non-compliance with the Efficient Use of Paper Rule; and (c) failure to establish the grave abuse of discretion committed by the COA. The plea for liberality was really unworthy of favorable consideration.

Republic of the Philippines SUPREME COURT Manila A. M. No. 08-8-7-SC

February 1, 2016

THE REVISED RULES OF PROCEDURE FOR SMALL CLAIMS CASES RESOLUTION Section 1. Title. - These Rules shall be known as "The Revised Rules of Procedure for Small Claims Cases." Section 2. Scope. - These Rules shall govern the procedure in actions before the Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) for payment of money where the value of the claim does not exceed Two Hundred Thousand Pesos (P200,000.00) exclusive of interest and costs. Section 3. Objectives. (a) To protect and advance the constitutional right of persons to a speedy disposition of their cases; (b) To provide a simplified and inexpensive procedure for the disposition of small claims cases; and, (c) To introduce underprivileged.

innovations

and

best

practices

for

the

benefit

of

the

Section 4. 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 party's 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.

Section 5. 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 that are purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money. The claim or demand 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 liquidated damages arising from contracts; (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. Section 6. 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 Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (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 Statement of Claim, unless good cause is shown for the admission of additional evidence. The plaintiff must state in the Statement of Claims if he/she/it is engaged in the business of lending, banking and similar activities, and the number of small claims cases filed within the calendar year regardless of judicial station. No formal pleading, other than the Statement of Claim/s described in this Rule, is necessary to initiate a small claims action. Section 7. Venue. - The regular rules on venue shall apply. 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 defendant resides, the Statement of Claim/s shall be filed where that branch is located. Section 8. 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 Two Hundred Thousand Pesos (P200,000.00). Section 9. 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 admissible in evidence. A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record. The non-submission of the required affidavits will cause the immediate dismissal of the claim or counterclaim. Section 10. 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. Exemption from the payment of filing fees shall be granted only by the Supreme Court.

However, if more than five (5) small claims are filed by one party within the calendar year, regardless of the judicial station, an additional filing fee of P500.00 shall be paid for every claim filed after the fifth (5th) claim, and an additional P100.00 or a total of P600.00 for every claim filed after the tenth (10th) claim, and another P100.00 or a total of P700 for every claim filed after the fifteenth (15th) claim, progressively and cumulatively. If the plaintiff is engaged in the business of banking, lending and similar activities, the amount of filing and other legal fees shall be the same as those applicable to cases filed under the regular rules. 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 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. Section 11. Dismissal of the Claim. - After the court determines that the case falls under these Rules, it may, from an examination of the allegations of the Statement of Claim/s and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds for the dismissal of the case. The order of dismissal shall state if it is with or without prejudice. If, during the hearing, the court is able to determine that there exists a ground for dismissal of the Statement of Claim/s, the court may, by itself, dismiss the case even if such ground is not pleaded in the defendant's Response. If plaintiff misrepresents that he/she/it is not engaged in the business of banking, lending or similar activities when in fact he/she/it is so engaged, the Statement of Claim/s shall be dismissed with prejudice and plaintiff shall be meted the appropriate sanctions, such as direct contempt. However, if the case does not fall under this Rule, but falls under summary or regular procedure, the case shall not be dismissed. Instead, the case shall be re-docketed under the appropriate procedure, and returned to the court where it was assigned, subject to payment of any deficiency in the applicable regular rate of filing fees. If a case is filed under the regular or summary procedure, but actually falls under this Rule, the case shall be referred to the Executive Judge for appropriate assignment. Section 12. 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/s, directing the defendant to submit a verified Response. 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, with a warning that no unjustified postponement shall be allowed, as provided in Section 21 of this Rule. The Summons to be served on the defendant shall be accompanied by a 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. A Notice of Hearing shall accompany the Summons and shall contain: (a) the date of the hearing, which shall not be more than thirty (30) days from the filing of the Statement of Claim/s; and (b) the express prohibition against the filing of a motion to dismiss or any other motion under Section 16 of this Rule. If Summons is returned without being served on any or all of the defendants, the court shall order the plaintiff to cause the service of summons and shall inform the court within thirty (30) days from notice if said summons was served or not; otherwise, the Statement of Claim/s shall be dismissed without prejudice as to those who were not served with summons. Section 13. 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. Section 14. Effect of Failure to File Response. - Should the defendant fail to file his/her/its Response within the required period, and likewise fail to appear on the date set for hearing, the court shall render judgment on the same day, as may be warranted by the facts alleged in the Statement of Claim/s. Should the defendant fail to file his/her/its Response within the required period but appears on the date set for hearing, the court shall ascertain what defense he/she/it has to offer which shall constitute his/her/its Response, and proceed to hear or adjudicate the case on the same day as if a Response has been filed. Section 15. 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 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; otherwise, the defendant shall be barred from suing 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. Section 16. 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 Statement of Claim/s; (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 and rejoinder; (k) Third-party complaints; and (l) Interventions. Section 17. 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. Section 18. Appearance. - The parties shall personally appear on the designated date of hearing. Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer and must be related to or next-of-kin of the individual-party. Juridical entities shall not be represented by a lawyer in any capacity.

The representative must be authorized under a Special Power of Attorney (Form 7-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits. Section 19. 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 latter's consent. Section 20. Non-appearance of Parties. - Failure of the plaintiff to appear shall be cause for the dismissal of the Statement of Claim/s without prejudice. The defendant who appears in the absence of the plaintiff 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 14 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. 1âwph i1

Failure of both parties to appear shall cause the dismissal with prejudice of both the Statement of Claim/s and the counterclaim. Section 21. 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. Section 22. 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. Section 23. Hearing. - At the hearing, the judge shall first exert efforts to bring the parties to an amicable settlement of their dispute. If efforts at settlement fail, the hearing shall immediately proceed in an informal and expeditious manner and be terminated within the same day. Any settlement (Form 8-SCC) or resolution of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 9-SCC and Form 10SCC). Section 24. Decision. - After the hearing, the court shall render its decision based on the facts established by the evidence (Form 11-SCC), within twenty-four (24) hours from termination of the hearing. 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. Section 25. Execution. - When the decision is rendered, execution shall issue upon motion (Form 12-SCC) of the winning party. Section 26. Certification of Documents. - All documents attached to the Statement of Claim/s or Response that are required to be certified, except public or official documents, shall be certified by the signature of the plaintiff or defendant concerned. Section 27. Applicability of the Rules of Civil Procedure. - The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule. Section 28. Non-applicability. - The rules on mediation/judicial dispute resolution shall not apply, inasmuch as the parties may enter into compromise at any stage of the proceedings. Section 29. Effectivity. - These Revised Rules shall take effect on February 1, 2016 following their publication in two newspapers of general circulation. They shall govern all cases filed after their effectivity, and also all pending proceedings, except to the extent that in the opinion of the court, their application would not be feasible or would work injustice, in which case the procedure under which the cases were filed shall govern.

The following forms shall be used. Substantial compliance therewith shall be sufficient. (See attached forms)

INDEX OF SMALL CLAIMS STANDARD FORMS FORM 1-SCC

Statement of Claim/s

FORM 1-A-SCC

Verification and Certification Against Forum Shopping, Splitting a Single Cause of Action and Multiplicity of Suits

FORM 2-SCC

Summons

FORM 3-SCC

Response

FORM 4-SCC

Notice of Hearing

FORM 5-SCC

Plaintiff’s Return/Manifestation

FORM 5-A-SCC

Plaintiff’s service)

FORM 6-SCC

Motion to Plead as Indigent

FORM 7-SCC

Special Power of Attorney

FORM 8-SCC

Joint Motion (for Dismissal)

FORM 9-SCC

Motion for Approval of Compromise Agreement

FORM 10-SCC

Decision based on Compromise Agreement

FORM 11-SCC

Decision

FORM 12-SCC

Motion for Execution

Return/Manifestation

(with

substituted