SC: First-level courts can now tackle small claims

Published by rudy Date posted on April 5, 2010

MANILA, Philippines – The Supreme Court (SC) ordered all first-level courts in the country to hear small claims cases, giving complainants wider access to a litigation system that does not require a lawyer.

SC administrator and spokesperson Midas Marquez said 82 Metropolitan Trial Courts (MeTCs), 212 Municipal Trial Courts in Cities (MTCCs), 376 Municipal Trial Courts (MTCs) and 467 Municipal Circuit Trial Courts (MCTCs) nationwide have started hearing small claims cases last March 18.

Forty-four first-level courts initially heard small claims cases to test the streamlining of the small claims process. These courts will not be included in the raffle of new cases until all small claims cases have been properly distributed in the other courts.

“You can go to these courts even without a lawyer and pursue a case involving debt or civil aspect as long as the amount involved is P100,000 or less,” Marquez said.

He said the project is meant to simplify and expedite the resolution of small claims cases. Litigants can therefore expect a decision after the first hearing.

The new system relaxes the procedures for small claims by doing away with ordinary rules of civil procedure and evidence such as strict pleading requirements and formal discovery measures. Thus, disputes are resolved quickly and at less cost to the parties involved because there are no lawyers involved.

Small claims courts are supposed to resolve cases within three weeks at the earliest and two months at the latest.

Ten years ago, the SC submitted a request to Congress for the creation of new courts to hear small claims cases but it did not get support.

“Nothing happened in Congress so the Court just opted to adjust its rules on procedures to fully implement this project,” Marquez said. He was referring to SC resolutions dated Oct. 27, 2009 and Feb. 16, 2010.

He said the SC has held two seminar workshops to train first-level courts judges and clerks of court with the technicalities of small claims procedure as well as on mediation-conflict management.  –Edu Punay (The Philippine Star)

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