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Summary Procedure V Small Claims

This document compares the revised rules on summary procedure and the procedure for small claims cases. Both aim to provide speedy and inexpensive resolution of cases. Summary procedure covers civil cases up to P100,000 and certain criminal cases with penalties up to 6 months imprisonment or P1,000 fine. Small claims cases are exclusively for money claims up to P100,000 involving contracts, damages, or enforcement of barangay settlements. Key differences are that summary procedure prohibits joined civil causes of action and related criminal cases, while small claims excludes criminal cases like libel but allows the civil aspect if filed separately.

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6K views2 pages

Summary Procedure V Small Claims

This document compares the revised rules on summary procedure and the procedure for small claims cases. Both aim to provide speedy and inexpensive resolution of cases. Summary procedure covers civil cases up to P100,000 and certain criminal cases with penalties up to 6 months imprisonment or P1,000 fine. Small claims cases are exclusively for money claims up to P100,000 involving contracts, damages, or enforcement of barangay settlements. Key differences are that summary procedure prohibits joined civil causes of action and related criminal cases, while small claims excludes criminal cases like libel but allows the civil aspect if filed separately.

Uploaded by

Nombs Nom
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Comparison:

Revised Rules on Summary Procedure


vs.
Procedure for Small Claims Cases

I. Purpose
Summary Procedure Small Claims
To provide a speedy and inexpensive To provide a speedier and inexpensive
disposition of cases that are defined to be disposition of money claims of small
included in the cases for Summary amounts
procedure

II. Where Filed

Summary Procedure Small Claims


1. Metropolitan Trial Courts 1. Metropolitan Trial Courts
2. Municipal Trial Courts in Cities 2. Municipal Trial Courts in Cities
3. Municipal Trial Courts 3. Municipal Trial Courts
4. Municipal Circuit Trial Courts 4. Municipal Circuit Trial Courts

III. Cases Covered


Summary Procedure Small Claims
1. All cases of forcible entry and unlawful Small claims cases/civil claims which are
detainer irrespective of the amount of exclusively for the payment of a sum of
damages or unpaid rentals sought to be money not exceeding P100,000 exclusive
recovered. of interest and costs, either
2. All other civil cases, except probate 1. civil claims where the relief prayed for
proceedings, where the total amount of by the plaintiff is solely for payment or
plaintiff’s claim does not exceed P100,000 reimbursement of sum of money, or
or does not exceed P200,000 in Metro 2. The civil aspect of criminal actions,
Manila, exclusive of interests and costs either filed before the institution of the
Criminal cases: criminal action, or reserved upon the filing
1. Violations of traffic laws, rules and of the criminal action in court, pursuant to
regulations, rental law; municipal or city Rule 111 of the Revised Rules of Criminal
ordinances, B.P. 22 Procedure.
5. All other criminal cases where the These claims or demands may be:
penalty is imprisonment not exceeding 6 1. For money owed under contracts of
months and/or a fine of P 1,000 Lease, Loan, Services, Sale, Mortgage
irrespective of other penalties or civil 2. For damages arising from Fault or
liabilities arising therefrom; and negligence, Quasi-contract, Contract
6. Offenses involving damage to property 3. The enforcement of a barangay
through criminal negligence where the amicable settlement or an arbitration
imposable fine is not exceeding P10,000. award involving a money claim covered
by Section 417 of this Rule

IV. Prohibited Cases

Summary Procedure Small Claims


Will not apply to a civil case where the 1. Criminal actions are excluded such as
plaintiff's cause of action is pleaded in the cases for libel and slander which grant the
same complaint with another cause of accused the right to be heard and present
action subject to the ordinary procedure; evidence. However, the civil aspect of a
nor to a criminal case where the offense claim for damages may be heard as a small
charged is necessarily related to another claim if reserved or instituted separately
criminal case subject to the ordinary prior to the filing of the criminal case.
procedure. 2. civil cases which cannot be filed as
small claims regardless of amount

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