With not much attention from the public, the Supreme Court approved last September 9 a new Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC) which took effect last October 1.
This Rule will govern the procedure in actions before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs.
The Rules introduced a lot of innovations one of which is the banning of lawyers in such proceedings. According to it, no attorney will be allowed to appear in behalf of or represent a party at the hearing, unless the attorney is the plaintiff or defendant.
If the court determines that a party cannot properly present his/her claim or defense and needs assistance, the court may, in its discretion, allow another individual to assist that party upon the latter’s consent, provided the said individual is not an attorney.
Read the full text of the Rules of Procedure for Small Claims Cases at the Supreme Court’s website
Monday, October 20, 2008
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