Saturday, January 8, 2011

"Small Claims" Court

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1. Scope
-purely money claims not to exceed One Hundred Thousand Pesos (P100,000.00);and
-does not include interest and costs.

2.Kinds of claims covered

a. actual damages caused to vehicles, other personal property,
real property or person.
b. Money owed under
- a contract of lease
- contract of loan
-contract of services
- contract of sale or
- contract of mortgage

-It also includes purely civil actions for payment of money covered
by a bounced or stopped check.
-An amicable settlement reached in the barangay or an arbitration award involving a money claim may also be enforced under this rule.

3.Are lawyers allowed at the hearing?
No, lawyers are not allowed to appear at the hearing
unless they are the plaintiff or the defendant.

4.What happens if the parties do not appear at the hearing?
a. If the plaintiff does not appear:
the claim shall be dismissed without prejudice.
b. If the defendant does not appear:
the effect will be "failure to file a Response"
c. If both parties do not appear:
the claim and counterclaim shall be dismissed

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