A novel and innovative procedure for resolution of civil cases where the claim does not exceed Php100,000 has just been introduced by the Philippine Supreme Court. A copy of these new rules was published today (18 Sept) in the Philippine Daily Inquirer (p. A21), and they take effect starting October 1. The rules are formally known as "The Rule of Procedure for Small Claims Cases" (A.M. No. 08-8-7-SC)
The most striking feature about these new rules is the virtual exclusion of lawyers in any formal role when it comes to the litigation of small claims cases. The rules specifically provide that "no attorney shall appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant". If a party needs assistance in the presentation of her/his claim or defense, the judge may allow another individual who is not a lawyer to assist that party.
The proceedings in small claims cases are fast-tracked. At the onset, the judge will try to get the parties to settle the dispute among themselves. If the parties fail in amicable settlement, the case can be tried and resolved within 1 day. The decision of the trial court judge is final and can no longer be appealed.
I'll post a link to the Rules once they become online.
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