In another significant step to increase access to justice, the Supreme Court En Banc approved last September 9 the Rule of Procedure for Small Claims Cases in AM No. 08-8-7-SC.  (The full text of the Rule may be viewed at the SC website, sc.judiciary.gov.ph.)

Last September 30, the Supreme Court, led by Chief Justice Reynato S. Puno, officially launched the Small Claims Court Pilot Project at the SC New Session Hall. The Chief Justice in his closing remarks said that the designation of the small claims courts has “shortened the distance between our dream of justice for the poor and the cruel reality on the ground.” As pointed out by Court Administrator Jose P. Perez in his speech during the launch, 70% of the caseloads of the first-level courts in Metro Manila consist of small claims cases, and that many of the litigants in these cases are poor.

Taking effect on October 1 in 22 pilot courts, the Rule now provides an inexpensive and expeditious means to settle actions before first-level courts (excluding Shari’ah Circuit Courts) for money claims not exceeding PhP100,000.00. No attorneys are allowed and user-friendly forms are provided for every step of the proceeding. Decisions are also required to be rendered on the first day of hearing. The decision in a small claims case shall be final and unappealable, which assures immediate and swift justice. However, extra-ordinary appeals through a special civil action on certiorari can still be availed of.

The small claims judge is effectively a substitute for a legal representative and lends a “helping hand” to the parties to ascertain the main matters at issue, elicit the evidence, and reach a view on the facts of the matter. The small claims judge is also encouraged to encourage the parties to resolve their disputes through mediation, conciliation, early neutral evaluation, etc. If no resolution is reached, the pairing judge shall hear and decide the case unless the parties agree in writing that the original judge who shall do so.

The promulgation of the Rule of Procedure for Small Claims Cases by the Court is actually the second step under its Increasing Access to Justice by the Poor Program to widen the avenues to justice by the poor, as it is aimed at de-clogging court dockets of civil cases involving the poor. Earlier, the Court launched its Justice on Wheels (JOW) Project, which is aimed at addressing the twin problems of clogged dockets and jail congestion by resolving with dispatch the criminal cases involving the poor.