Nota bene:
Check the following as guides for this post:
(A.M. No. 08-8-7-SC) Rule of Procedure for Small Claims Cases, and
(A.O. No. 141-2008) Administrative Order Designating Pilot Courts for Small Claims Cases.
The Supreme Court, by virtue of its Constitutionally guaranteed rule-making powers under Section 5(5) of Article VIII, formulated this special rule of procedure to govern small claims cases. It provides a simple, more inexpensive and expeditious means of settling disputes involving purely money claims than the regular civil process, by allowing the plaintiff (the person suing) to sue a defendant (the person being sued) without the need of a lawyer.
According to the definition provided by the rule, small claims cases are civil claims which are exclusively for the payment or reimbursement of a sum of money not exceeding P100,000.00, and does not include 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. 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.
Check the following as guides for this post:
(A.M. No. 08-8-7-SC) Rule of Procedure for Small Claims Cases, and
(A.O. No. 141-2008) Administrative Order Designating Pilot Courts for Small Claims Cases.
Overview of the Rule
The Supreme Court, by virtue of its Constitutionally guaranteed rule-making powers under Section 5(5) of Article VIII, formulated this special rule of procedure to govern small claims cases. It provides a simple, more inexpensive and expeditious means of settling disputes involving purely money claims than the regular civil process, by allowing the plaintiff (the person suing) to sue a defendant (the person being sued) without the need of a lawyer.
According to the definition provided by the rule, small claims cases are civil claims which are exclusively for the payment or reimbursement of a sum of money not exceeding P100,000.00, and does not include 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. 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.
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