Republic of the Philippines SUPREME COURT Manila A.M. No.

08-8-7-SC THE RULE OF PROCEDURE FOR SMALL CLAIMS CASES RESOLUTION Pursuant to the action of the Court en banc in its session held on October 27 2!!" Sections ## #2 #$ #% 2# and 22 of the Rule of Procedure for S&all Clai&s Cases includin' the attached (or&s are )MEN*E* to read as follo+s, Section 11. Response. - The defendant shall file +ith the court and ser.e on the plaintiff a dul/ acco&plished and .erified Response +ithin a non-e0tendible period of ten 1#!2 da/s fro& receipt of su&&ons3 The Response shall be acco&panied b/ certified photocopies of docu&ents as +ell as affida.its of +itnesses and other e.idence in support thereof3 No e.idence shall be allo+ed durin' the hearin' +hich +as not attached to or sub&itted to'ether +ith the Response unless 'ood cause is sho+n for the ad&ission of additional e.idence3 THE GROUNDS FOR THE DISMISSAL OF THE CLAIM, UNDER RULE 1 OF THE RULES OF COURT, SHOULD !E PLEADED. Section 1". Effect of Failure to File Response. - Should the defendant fail to file his Response +ithin the re4uired period AND LI#E$ISE FAIL TO APPEAR AT THE DATE SET FOR HEARING, THE COURT SHALL RENDER %UDGMENT ON THE SAME DA&, AS MA& !E $ARRANTED !& THE FACTS. SHOULD THE DEFENDANT FAIL TO FILE RESPONSE $ITHIN THE RE'UIRED PERIOD !UT APPEARS AT THE DATE SET FOR HEARING, THE COURT SHALL ASCERTAIN $HAT DEFENSE HE HAS TO OFFER AND PROCEED TO HEAR, MEDIATE OR AD%UDICATE THE CASE ON THE SAME DA& AS IF A RESPONSE HAS !EEN FILED. Section 1(. Prohibited Pleadings and Motions. - The follo+in' pleadin's &otions or petitions shall not be allo+ed in the cases co.ered b/ this Rule, )*+ MOTION TO DISMISS THE COMPLAINT, 1b2 Motion for a bill of particulars5 1c2 Motion for ne+ trial or for reconsideration of a 6ud'&ent or for reopenin' of trial5 1d2 Petition for relief fro& 6ud'&ent5 1e2 Motion for e0tension of ti&e to file pleadin's affida.its or an/ other paper5 1f2 Me&oranda5 1'2 Petition for certiorari &anda&us or prohibition a'ainst an/ interlocutor/ order issued b/ the court5

1h2 Motion to declare the defendant in default5 1i2 *ilator/ &otions for postpone&ent5 162 Repl/5 172 Third-part/ co&plaints5 and 1l2 Inter.entions3 Section 1 . Appearance 3- The parties shall appear at thedesi'nated date of hearin' personall/3 APPEARANCE THROUGH A REPRESENTATI-E MUST !E FOR A -ALID CAUSE. THE REPRESENTATI-E OF AN INDI-IDUAL-PART& MUST NOT !E A LA$&ER, AND MUST !E RELATED TO OR NE.T-OF-S#IN OF THE INDI-IDUAL-PART&. %URIDICAL ENTITIES SHALL NOT !E REPRESENTED !& A LA$&ER IN AN& CAPACIT&. THE REPRESENTATI-E MUST !E authori8ed under a Special Po+er of )ttorne/ 1 (or& 9-SCC 2 to enter into an a&icable SETTLEMENT O( T:E *ISPUTE and to enter into stipulations or ad&issions of facts and of docu&entar/ e0hibits3 Section "1. HEARING. - )t the hearin' the 6ud'e shall E.ERT EFFORTS TO !RING THE PARTIES TO AN AMICA!LE SETTLEMENT OF THEIR DISPUTE. )n/ settle&ent 1 (or& 7-SCC 2 or resolution 1 (or& ;-SCC 2 of the dispute shall be reduced into +ritin' si'ned b/ the parties and sub&itted to the court for appro.al 1 (or& #2-SCC 23 SETTLEMENT DISCUSSIONS SHALL !E STRICTL& CONFIDENTIAL AND AN& REFERENCE TO AN& SETTLEMENT MADE IN THE COURSE OF SUCH DISCUSSIONS SHALL !E PUNISHA!LE !& CONTEMPT. Section "". Failure of SETTLEMENT. - If EFFORTS AT SETTLEMENT FAIL, the hearin' shall proceed in an infor&al and e0penditious &anner and <E ter&inated +ithin one 1#2 da/3 EITHER PART& MA& MO-E IN $RITING ) FORM 10-SCC + TO HA-E ANOTHER %UDGE HEAR AND DECIDE THE CASE. THE REASSIGNMENT $ITH E.ISTING ISSUANCES. THE REFERRAL !& THE ORIGINAL %UDGE TO THE E.ECUTI-E %UGDE SHALL !E MADE $ITHIN THE SAME DA& THE MOTION IS FILED AND GRANTED, AND !& THE E.ECUTI-E %UDGE TO THE DESIGNATED %UDGE $ITHIN THA SAME DA& OF THE REFERRAL. THE NE$ %UDGE SHALL HEAR AND DECIDE THE CASE $ITHIN FI-E )/+ $OR#ING DA&S FROM RECEIPT OF THE ORDER OF REASIGNMENT. The a&end&ents of the Rule shall ta7e effect on No.e&ber = 2!!" follo+in' its publication in t+o 122 ne+spapers of 'eneral circulation3 October 27 2!!"