Information is Power: October 2009

On Septembet 30 ,2009, the Supreme Court, led by Chief Justice Reynato S. Puno, officially launched the Small Claims Court Pilot Project at the SC New Session Hall.

The Chief justice added that the designation of the small claims courts has “shortened the distance between our dream of justice for the poor and the cruel reality on the ground.” As laid down by the Court administrator Perez, 70% of the caseloads of the first-level courts in Metro Manila consist of small claims cases, and that many of the litigants in these cases are poor.

The procedure for Small Claims Cases paved the way to inexpensive and expeditious means to settle actions before first-level courts (excluding Shari’ah Circuit Courts) for money claims not exceeding PhP100,000.00.

The procedure requires no appearance for attorneys in court and user-friendly forms are provided for every step of the proceeding.

This was promulgated to shortened the tedious process in court procedure since the decisions are also required to be rendered on the first day of hearing. The decision in a small claims case shall be final and unappealable, which assures immediate and swift justice. However, extra-ordinary appeals through a special civil action

The A.M. No. 08-8-7-SC or otherwise known as Rule of Procedure for Small Claims cases. This rule shall govern the procedure in actions before the Metropolitan Trial courts, Municipal Trial Courts in Cities, Municipal Trial court and Municipal Circuit trial Courts for payment of money where the value of the claims does not exceed One Hundred thousand Pesos (P100,000.00) exclusive of interest and costs. 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. Contyract of Mortgages; (b) For damages arising from any of the following: 1. Fault or negligence; 2. Quasi-contract; 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 the Republic Act 7160, otherwise known as the local Government Code of 1991.

This Small Claims pilot project was promulgated by the Philippine Supreme Court ascribed to the remarks of the Chief justice"this is to shortened the distance between our dream of justice for the poor and the cruel reality on the ground.

Pursuant to its Increasing Access to Justice Program with support from the United States Agency for International Development and the American Bar Association-Rule of Law Initiative.