Attorney,
Isa po akong call center agent na kasalukuyang rumerenta ng apartment kasama ang Fiance ko at ang baby namin na 8 months pa lang. Noon pong September 15, 2009 mga bandang 10:30 AM to 2:00 PM, nanakawan po kami ng mga gamit. Noon pong mga panahon na yun ay nasa loob ako ng apartment at tulog kasama ko po ang baby ko, naka lock po ang pintuan namin. Sobrang himbing po ng tulog ko noon kasi kakagaling ko lang po sa trabaho, ang Fiance ko po ay pang umaga at salitan po kaming nag aalaga sa baby namin, una't una po bukod sa binabayaran namin sa kwarto ay meron din pong sinisingil samin na "Common Usage Expenses", na ayon sa kontrata na pinirmahan namin ay para sa maintenance at security services, meron po kaming guard sa entrance nung apartment complex, nung nagising po ako, napansin ko na po na hindi na naka lock yung pintuan namin, at wala na po ang cellphone ko, laptop at yung wallet, buti na lang po at hindi ako nagising nung mga panahon na yun at baka kung ano pong nangyari samin ng baby ko, agad ko pong inereport ito sa management at sabi po nung guard wala po siyang napansin na ibang tao na pumasok, tumagawa na po agad kami sa mga kinauukulan, ayon po sa imbestigasyon marami pong butas yung security namin sa apartment, parang "inside job" nga daw po yung nangyari, kasi po sa baba lang ang entrance at exit ng apartment complex, at kami po ay nasa 3rd floor, at napag alaman din po na ang pintuan namin ay may diperensya, yung door knob po namin ay pwde ma unlock ng kahit anong susi. na noon lang po namin nalaman, nanganib po ang buhay ko at ng mga minamahal ko dahil sa kapabayaan ng management nung apartment complex laking pasasalamat ko na lang po at mga materyal na bagay lang ang nawala samin, ako po ay 22 years old lang at ang fiance ko po ay 24 years old, wala pa po kaming alam sa mga legal matters kaya humihingi po ako ng tulong sa inyo, nag send na po kami ng complaint against sa management at hinihingi po namin na bayaran nila ang mga nawalang gamit namin, at sana po maayos namin ito sa labas ng korte ang pinagaalala ko lang po ay pag hindi sila pumayag sa maliit na settlement namin hindi po namin alam ang gagawin naming legal steps. Sana po ay matulungan nyo kami. Lahat po ng isinaad ko dito ay may katibayan, Police report, Kontrata at yun pong statement namin at meron din pong ibang tenant sa apartment na nakaranas nito bukod pa samin.
Considering that the administrator here of the premises that you are leasing had assumed and expressly obligated to provided a security measures to the premises and collected from you the fee for such purpose, then you can ask the administrator to answer for the damages that you incurred unless there is a provision in your contract of lease that will qualify the liability of the lessor (like prior declaration and inventory of items to which they will be liable). It will be up for the administrator to pass the cost that he had paid to you to the security agency if there was a negligence on the part of its guard to keep the premises he is guarding safe.
With regard to the remedy in case of deadlock between you and the administrator in your claims, you can try the following inexpensive remedies to avoid incurring legal fees and cost in pursuing your claim: 1) file a complaint in your barangay for money claims and there will be a conciliation before it 2) if it fails and your claim is below PhP 100,000.00, get a certificate to file action and pursue your action as small claim before a city or municipal court in your area designated as pilot court for small claims where you need to fill up a form. In this process, you will represent yourself to pursue your claim without the need of a lawyer. The hearing is summary where a decision will be rendered immediately; it is final and no appeal is allowed.
For the benefit of all other readers I am posting here the entire Rules on Small Claims since this is a remedy where a claimant do not need to spend for services of a lawyer to prosecute your claim except at your option to ask a lawyer to help you prepare your supporting affidavit to the complaint (ready to use form available in court).
RULE OF PROCEDURE FOR SMALL CLAIMS CASES
SECTION 1. Title. — This Rule shall be known as “The Rule of Procedure for Small Claims Cases.”
SEC. 2. Scope. — This Rule shall 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.
SEC. 3. Definition of Terms. — For purposes of this Rule:
(a) Plaintiff refers to the party who initiated a small claims action. The term includes a defendant who has filed a counterclaim against plaintiff;
(b) Defendant is the party against whom the plaintiff has filed a small claims action. The term includes a plaintiff against whom a defendant has filed a claim, or a person who replies to the claim;
(c) Person is an individual, corporation, partnership, limited liability partnership, association, or other juridical entity endowed with personality by law;
(d) Individual is a natural person;
(e) Motion means a party’s request, written or oral, to the court for an order or other action. It shall include an informal written request to the court, such as a letter;
(f) Good cause means circumstances sufficient to justify the requested order or other action, as determined by the judge; and
(g) Affidavit means a written statement or declaration of facts that are sworn or affirmed to be true.
SEC. 4. Applicability. — The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.
These claims or demands may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For damages arising from any of the following:
1. Fault or negligence;
2. Quasi-contract; or
3. Contract;
(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991.
SEC. 5. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification of Non-forum Shopping (Form 1-A, SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Claim, unless good cause is shown for the admission of additional evidence.
No formal pleading, other than the Statement of Claim described in this Rule, is necessary to initiate a small claims action.
SEC. 6. Joinder of Claims. — Plaintiff may join in a single statement of claim one or more separate small claims against a defendant provided that the total amount claimed, exclusive of interest and costs, does not exceed P100,000.00.
SEC. 7. Affidavits. — The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants which are admissible in evidence.
A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record.
SEC. 8. Payment of Filing Fees. — The plaintiff shall pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless allowed to litigate as an indigent.
A claim filed with a motion to sue as indigent (Form 6-SCC) shall be referred to the Executive Judge for immediate action in case of multi-sala courts, or to the Presiding Judge of the court hearing the small claims case. If the motion is granted by the Executive Judge, the case shall be raffled off or assigned to the court designated to hear small claims cases. If the motion is denied, the plaintiff shall be given five (5) days within which to pay the docket fees, otherwise, the case shall be dismissed without prejudice. In no case shall a party, even if declared an indigent, be exempt from the payment of the P1,000.00 fee for service of summons and processes in civil cases.
SEC. 9. Dismissal of the Claim. — After the court determines that the case falls under this Rule, it may, from an examination of the allegations of the Statement of Claim and such evidence attached thereto, by itself, dismiss the case outright on any of the grounds apparent from the Claim for the dismissal of a civil action.
SEC. 10. Summons and Notice of Hearing. — If no ground for dismissal is found, the court shall forthwith issue Summons (Form 2-SCC) on the day of receipt of the Statement of Claim, directing the defendant to submit a verified Response.
The court shall also issue a Notice (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time for hearing, with a warning that no unjustified postponement shall be allowed, as provided in Section 19 of this Rule.
The summons and notice to be served on the defendant shall be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response (Form 3-SCC) to be accomplished by the defendant. The Notice shall contain an express prohibition against the filing of a motion to dismiss or any other motion under Section 14 of this Rule.
SEC. 11. Response. — The defendant shall file with the court and serve on the plaintiff a duly accomplished and verified Response within a non-extendible period of ten (10) days from receipt of summons. The Response shall be accompanied by certified photocopies of documents, as well as affidavits of witnesses and other evidence in support thereof. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Response, unless good cause is shown for the admission of additional evidence.
SEC. 12. Effect of Failure to File Response. — Should the defendant fail to file his Response within the required period, the court by itself shall render judgment as may be warranted by the facts alleged in the Statement of Claim limited to what is prayed for. The court however, may, in its discretion, reduce the amount of damages for being excessive or unconscionable.
SEC. 13. Counterclaims Within the Coverage of this Rule. — If at the time the action is commenced, the defendant possesses a claim against the plaintiff that (a) is within the coverage of this Rule, exclusive of interest and costs; (b) arises out of the same transaction or event that is the subject matter of the plaintiff’s claim; (c) does not require for its adjudication the joinder of third parties; and (d) is not the subject of another pending action, the claim shall be filed as a counterclaim in the Response; otherwise, the defendant shall be barred from suit on the counterclaim.
The defendant may also elect to file a counterclaim against the plaintiff that does not arise out of the same transaction or occurrence, provided that the amount and nature thereof are within the coverage of this Rule and the prescribed docket and other legal fees are paid.
SEC. 14. Prohibited Pleadings and Motions. — The following pleadings, motions, or petitions shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint except on the ground of lack of jurisdiction;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits, or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third-party complaints; and
(l) Interventions.
SEC. 15. Availability of Forms; Assistance by Court Personnel. — The Clerk of Court or other court personnel shall provide such assistance as may be requested by a plaintiff or a defendant regarding the availability of forms and other information about the coverage, requirements as well as procedure for small claims cases.
SEC. 16. Appearance. — The parties shall appear at the designated date of hearing personally or through a representative authorized under a Special Power of Attorney (Form 5-SCC) to enter into an amicable settlement, to submit to Judicial Dispute Resolution (JDR) and to enter into stipulations or admissions of facts and of documentary exhibits.
SEC. 17. Appearance of Attorneys Not Allowed. — No attorney shall 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 who is not an attorney to assist that party upon the latter’s consent.
SEC. 18. Non-appearance of Parties. — Failure of the plaintiff to appear shall be cause for the dismissal of the claim without prejudice. The defendant who appears shall be entitled to judgment on a permissive counterclaim.
Failure of the defendant to appear shall have the same effect as failure to file a Response under Section 12 of this Rule.
This shall not apply where one of two or more defendants who are sued under a common cause of action and have pleaded a common defense appears at the hearing.
Failure of both parties to appear shall cause the dismissal with prejudice of both the claim and counterclaim.
SEC. 19. Postponement When Allowed. — A request for postponement of a hearing may be granted only upon proof of the physical inability of the party to appear before the court on the scheduled date and time. A party may avail of only one (1) postponement.
SEC. 20. Duty of the Court. — At the beginning of the court session, the judge shall read aloud a short statement explaining the nature, purpose and the rule of procedure of small claims cases.
SEC. 21. Judicial Dispute Resolution. — At the hearing, the judge shall conduct Judicial Dispute Resolution (JDR) through mediation, conciliation, early neutral evaluation, or any other mode of JDR. Any settlement (Form 7-SCC) or resolution (Form 8-SCC) of the dispute shall be reduced into writing, signed by the parties and submitted to the court for approval (Form 12-SCC).
SEC. 22. Failure of JDR. — If JDR fails and the parties agree in writing (Form 10-SCC) that the hearing of the case shall be presided over by the judge who conducted the JDR, the hearing shall so proceed in an informal and expeditious manner and terminated within one (1) day.
Absent such agreement, (a) in case of a multi-sala court, the case shall, on the same day, be transmitted (Form 11-SCC) to the Office of the Clerk of Court for immediate referral by the Executive Judge to the pairing judge for hearing and decision within five (5) working days from referral; and (b) in case of a single sala court, the pairing judge shall hear and decide the case in the court of origin within five (5) working days from referral by the JDR judge.
SEC. 23. Decision.—After the hearing, the court shall render its decision on the same day, based on the facts established by the evidence (Form 13-SCC). The decision shall immediately be entered by the Clerk of Court in the court docket for civil cases and a copy thereof forthwith served on the parties.
The decision shall be final and unappealable.
SEC. 24. Execution. — If the decision is rendered in favor of the plaintiff, execution shall issue upon motion (Form 9-SCC).
SEC. 25. Applicability of the Rules of Civil Procedure. — The Rules of Civil Procedure shall apply suppletorily insofar as they are not inconsistent with this Rule.
SEC. 26. Effectivity.—This Rule shall take effect on October 1, 2008 for the pilot courts designated to apply the procedure for small claims cases following its publication in two newspapers of general circulation.
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