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    1991 Revised Rules On Summary Procedure

    Uploaded by

    Aly Comia
    This document summarizes rules for small claims procedures in the Philippines. It states that only complaints, compulsory counterclaims, answers and replies are allowed as pleadings. All pleadings must be verified. To commence a small claims action, the plaintiff must file a verified statement of claim along with supporting documents. The defendant has 10 days to file a verified response and supporting documents. The defendant must file any counterclaim that arises from the same transaction as a counterclaim in the response, or be barred from suit on the counterclaim. The defendant may also elect to file an unrelated counterclaim if it meets the requirements of this rule.

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    © All Rights Reserved
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    1991 Revised Rules On Summary Procedure

    Uploaded by

    Aly Comia
    11 views1 page
    This document summarizes rules for small claims procedures in the Philippines. It states that only complaints, compulsory counterclaims, answers and replies are allowed as pleadings. All pleadings must be verified. To commence a small claims action, the plaintiff must file a verified statement of claim along with supporting documents. The defendant has 10 days to file a verified response and supporting documents. The defendant must file any counterclaim that arises from the same transaction as a counterclaim in the response, or be barred from suit on the counterclaim. The defendant may also elect to file an unrelated counterclaim if it meets the requirements of this rule.

    Original Description:

    Procedure in Small Claims

    Original Title

    Civ Pro

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    © © All Rights Reserved

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    This document summarizes rules for small claims procedures in the Philippines. It states that only complaints, compulsory counterclaims, answers and replies are allowed as pleadings. All pleadings must be verified. To commence a small claims action, the plaintiff must file a verified statement of claim along with supporting documents. The defendant has 10 days to file a verified response and supporting documents. The defendant must file any counterclaim that arises from the same transaction as a counterclaim in the response, or be barred from suit on the counterclaim. The defendant may also elect to file an unrelated counterclaim if it meets the requirements of this rule.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    11 views1 page

    1991 Revised Rules On Summary Procedure

    Uploaded by

    Aly Comia
    This document summarizes rules for small claims procedures in the Philippines. It states that only complaints, compulsory counterclaims, answers and replies are allowed as pleadings. All pleadings must be verified. To commence a small claims action, the plaintiff must file a verified statement of claim along with supporting documents. The defendant has 10 days to file a verified response and supporting documents. The defendant must file any counterclaim that arises from the same transaction as a counterclaim in the response, or be barred from suit on the counterclaim. The defendant may also elect to file an unrelated counterclaim if it meets the requirements of this rule.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    1991 Revised Rules on Summary Procedure

    Sec. 3. Pleadings. —

    A. Pleadings allowed. — The only pleadings allowed to be filed are the complaints,
    compulsory counterclaims and cross-claims' pleaded in the answer, and the answers
    thereto.

    B. Verifications. — All pleadings shall be verified.

    A.M. No. 08-8-7-SC Rule of Procedure for Small Claims Cases

    Section 5. 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 of Non-forum Shopping
    (Form 1-A,SCC), and two (2) duly certified photocopies of the actionable document/s
    subjects 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 Claim, unless good cause is shown for the
    admission of additional evidence.

    No formal pleading, other than the Statement of Claim described in this Rule, is
    necessary to initiate a small claims action.

    Section 11. 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 13. 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 suit on the counterclaim.

    The defendant may also elect to the 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 the other
    legal fees are paid.

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