comparison between summary procedure and the procedure for small claims
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Comparison: Revised Rules on Summary Procedure vs. Procedure for Small Claims Cases I.
Purpose Summary Procedure To provide a speedy and inexpensive disposition of cases that are defined to be included in the cases for Summary procedure II.
Small Claims To provide a speedier and inexpensive disposition of money claims of small amounts
Where Filed Summary Procedure 1. Metropolitan Trial Courts 2. Municipal Trial Courts in Cities 3. Municipal Trial Courts 4. Municipal Circuit Trial Courts
Cases Covered Summary Procedure 1. All cases of forcible entry and unlawful detainer irrespective of the amount of damages or unpaid rentals sought to be recovered. 2. All other civil cases, except probate proceedings, where the total amount of plaintiff’s claim does not exceed P100,000 or does not exceed P200,000 in Metro Manila, exclusive of interests and costs Criminal cases: 1. Violations of traffic laws, rules and regulations, rental law; municipal or city ordinances, B.P. 22 5. All other criminal cases where the penalty is imprisonment not exceeding 6 months and/or a fine of P 1,000 irrespective of other penalties or civil liabilities arising therefrom; and 6. Offenses involving damage to property through criminal negligence where the imposable fine is not exceeding P10,000.
Small Claims 1. Metropolitan Trial Courts 2. Municipal Trial Courts in Cities 3. Municipal Trial Courts 4. Municipal Circuit Trial Courts
Small Claims Small claims cases/civil claims which are exclusively for the payment of a sum of money not exceeding P100,000 exclusive of interest and costs, either 1. civil claims where the relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, or 2. 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: 1. For money owed under contracts of Lease, Loan, Services, Sale, Mortgage 2. For damages arising from Fault or negligence, Quasi-contract, Contract 3. The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by Section 417 of this Rule
Summary Procedure Will not apply to a civil case where the plaintiff's cause of action is pleaded in the same complaint with another cause of action subject to the ordinary procedure; nor to a criminal case where the offense charged is necessarily related to another criminal case subject to the ordinary
Small Claims 1. Criminal actions are excluded such as cases for libel and slander which grant the accused the right to be heard and present evidence. However, the civil aspect of a claim for damages may be heard as a small claim if reserved or instituted separately prior to the filing of the criminal case.
2. civil cases which cannot be filed as small claims regardless of amount