I saw this article today. - Carlos
Legal Process eased, costs cut on small claims
ADDITIONAL REFORMS have been approved by the Supreme Court (SC) to
expedite procedures and cut costs to small claims in first level courts.
"The objective is to shorten litigation by simplifying the applicable
rules to the barest essentials, and bring down cost to a minimum to
allow access to judicial relief for low-income litigants who are
deprived thereof due to prohibitive fees and complex processes," the SC
said in a statement yesterday.
Changes to the Rules on Procedures for Small Claims Cases, it said,
include requiring judges to hear and settle or decide on cases not
exceeding ₱100,000 -- exclusive of interest and costs -- within a day.
Metropolitan Trial Courts, Metropolitan Trial Courts in Cities,
Municipal Trial Courts, and Municipal Circuit Trial Courts are grouped
as first level courts.
The amended rule also states that decisions are not subject to appeal
and are immediately executory, while setting aside technical rules of
procedure.
The participation of lawyers in small claims proceeding will also be
prohibited under the amended rules.
"No attorney shall appear in behalf of or represent a party at the
hearing, unless the attorney is the plaintiff or defendant," the
amendments state, adding that the court may allow "another individual
who is not an attorney to assist" a party which cannot represent himself.
The rule applies only to civil cases where the claim is solely for
payment or reimbursement of sum of money and to civil aspects of
criminal cases.
Further, claims or demands covered by the new rule include the following:
• money owed under a contract of lease, contract of loan, contract of
services, contract of sale, or contract of mortgage;
• damages arising from fault or negligence, quasi-contract; or contract; and
• enforcement of a barangay amicable settlement or an arbitration award
involving a money claim.
The amendments to the rule shall take effect 90 days from publication in
two newspapers.
The SC, meanwhile, said another judicial reform limiting the number of
pages on pleadings and memoranda submitted by parties as well as
preventing postponements has been piloted since April in Quezon City,
which has the largest number of cases.
"Now on its fifth month of implementation, the guidelines have received
enthusiastic reviews from litigants and lawyers alike," the court noted.
The SC last week announced a new rule allowing submission of judicial
affidavits in lieu of a witness's direct testimony. -- A. S. O. Alegado
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CARLOS ANI - International Microfinance Consultant - SEEDFINANCE Corporation Chairman
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