Revival of Action in Small Claims: Exact Docket Fees and Procedure (Philippines)

Revival of Action in Small Claims: Exact Docket Fees and Procedure (Philippines)

Introduction

In the Philippine judicial system, small claims cases provide an accessible, expedited mechanism for resolving purely monetary disputes without the need for lawyers, lengthy trials, or complex pleadings. Governed primarily by A.M. No. 08-8-7-SC (as amended), known as the Rules on Expedited Procedures in First Level Courts (effective April 11, 2022), these cases are handled by Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), and Municipal Circuit Trial Courts (MCTCs). The current threshold for small claims is P1,000,000, exclusive of interest and costs. This represents a significant increase from previous limits, aimed at decongesting court dockets and enhancing access to justice for ordinary litigants.

The concept of "revival of action" in small claims refers to the reinstitution of a case that has been dismissed without prejudice. Unlike revival of judgments (which pertains to enforcing dormant decisions under Rule 39 of the Rules of Court), revival here typically means refiling the claim as a new action. This process is not a distinct procedural step but follows the standard commencement rules for small claims. It is available only when the dismissal does not bar refiling, ensuring that meritorious claims are not permanently lost due to procedural lapses.

This article comprehensively explores the revival of actions in small claims, including grounds for dismissal allowing revival, the step-by-step procedure, exact docket fees, and key considerations, all within the Philippine legal context.

Concept of Revival of Action in Small Claims

Revival of an action in small claims is rooted in the principle that certain dismissals are not final and do not preclude the plaintiff from pursuing the claim anew. Under Section 11 of the 2016 Revised Rules of Procedure for Small Claims Cases (as integrated into the Expedited Rules), the court may dismiss a claim outright if grounds exist, such as lack of jurisdiction, improper venue, or failure to state a cause of action. The dismissal order must specify whether it is with or without prejudice.

A dismissal without prejudice allows revival through refiling, as it does not operate as an adjudication on the merits. Common grounds include:

• Plaintiff's failure to appear at the hearing (Section 19 of the Expedited Rules).
• Failure to serve summons on the defendant, if not cured within 30 days.
• Plaintiff's misrepresentation (e.g., about engagement in lending activities), though this may lead to dismissal with prejudice in severe cases.
• Motu proprio dismissal by the court for evident lack of merit or jurisdiction, if not barring refiling.

In contrast, dismissals with prejudice—such as those for defendant's non-appearance leading to judgment, or repeated violations—bar revival and may trigger res judicata.

Revival is not automatic; it requires initiating a new case, subject to prescription periods under the Civil Code (e.g., 10 years for written contracts, 6 years for oral ones). Refiling must also avoid forum shopping, as certified in the Statement of Claim.

Procedure for Reviving a Small Claims Action

Since revival equates to refiling, the procedure mirrors the commencement of a new small claims action under Sections 5-6 of the Expedited Rules. There is no separate motion or petition for revival; attempting such would be prohibited as a dilatory pleading (Section 17). The steps are as follows:

1. Prepare the Statement of Claim: Use the prescribed Form 1-SCC (available from the court or Supreme Court website). The form must be verified and include:

   • Details of the claim (e.g., amount owed, basis like contract of loan or lease).
   • Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC).
   • Statement if the plaintiff is engaged in lending, banking, or similar activities, and the number of small claims filed that year.
   • Two certified photocopies of actionable documents (e.g., promissory notes, demand letters).
   • Affidavits of witnesses and other evidence (admissible only if based on personal knowledge; inadmissible portions may be expunged).

   No new evidence is allowed at hearing unless good cause is shown.

2. File with the Appropriate Court: Submit the Statement of Claim in duplicate to the MeTC, MTCC, MTC, or MCTC with jurisdiction. Venue is where the plaintiff or defendant resides, or the defendant's branch if the plaintiff is in lending/business activities. If required, attach a Certificate to File Action from the barangay (for disputes in the same city/municipality, unless exempted).

3. Pay Docket and Legal Fees: Fees are computed based on the claim amount (see next section). If indigent, file a Motion to Sue as Indigent (Form 6-SCC) with supporting affidavits and certificates. The Executive Judge (in multi-sala courts) decides; if denied, pay within 5 days or face dismissal.

4. Court Processing: The court examines the claim for grounds of dismissal. If none, it issues Summons (Form 2-SCC) and Notice of Hearing (Form 4-SCC) within 24 hours, setting a hearing within 30 days (60 days if defendant is out-of-region).

5. Service of Summons: Served personally, by registered mail, or courier. If unsuccessful, plaintiff may assist service. Failure to serve leads to dismissal without prejudice.

6. Defendant's Response: Defendant files a verified Response (Form 3-SCC) within 10 non-extendible days, with evidence and any counterclaim (up to P1,000,000).

7. Hearing and Decision: Parties appear personally (or via authorized non-lawyer representative with Special Power of Attorney, Form 7-SCC). No lawyers allowed unless the party is a lawyer. Hearing is one day: mediation first, then informal presentation if no settlement. Decision rendered within 24 hours, final and unappealable (except via certiorari for grave abuse).

8. Execution: If successful, file Motion for Execution (Form 12-SCC). Writ issued within 5 days.

The entire process from filing to judgment typically takes 30-60 days, far shorter than regular civil actions.

Exact Docket Fees for Small Claims Cases

Docket fees are prescribed under Rule 141 of the Revised Rules of Court, as amended, and applied to small claims via the Expedited Rules. Fees are based on the principal claim amount (exclusive of interest/costs) and paid upon filing. Additional fees apply for frequent filers or lenders.

Standard Docket Fees Table

Claim Amount (Principal)	Docket Fee (₱)
Up to 20,000	1,000
20,001 – 100,000	2,000
100,001 – 200,000	2,500
200,001 – 300,000	3,000
300,001 – 1,000,000	4,000 + incremental (e.g., P10 per P1,000 excess over 300,000, subject to OCA adjustments)

• Additional Fees:
  • Mediation Fund: P500 per case.
  • ICT Fund: P200 per case.
  • Service of Summons/Processes: P1,000 (non-exempt even for indigents).

Fees for Frequent Filers

If one party files more than 5 small claims in a calendar year (regardless of court):

• After 5th: +P500 per claim.
• After 10th: +P600 per claim (cumulative).
• After 15th: +P700 per claim (progressive, up to P20,000 max per claim/year).

Plaintiff must declare prior filings in the Statement of Claim.

Fees for Lenders/Bankers

If plaintiff is engaged in banking, lending, or similar: Fees follow regular civil action rates under Rule 141 (higher, e.g., 1-2% of claim + fixed amounts).

No refunds for overpayment; deficiency leads to dismissal. For revival (refiling), full fees are paid anew, as it's a new case.

Other Fees and Costs

• Sheriff's Fees: For execution, based on value (e.g., 4% on first P4,000,000 levied).
• Indigent Litigation: Exempt from docket fees but not summons service; requires affidavits and certificates from barangay/assessor/treasurer.
• No attorney's fees awarded, as lawyers are barred.

Important Considerations and Case Law

• Prescription and Laches: Refiling must be within the statutory period; delay may bar revival.
• Prohibited Actions: No motions to dismiss (except jurisdiction), appeals, or third-party complaints. Violations are stricken.
• Digital Enhancements: E-filing, e-payment (via GCash/PayMaya), and video hearings allowed under the Expedited Rules.
• Case Law Insights: In Aldovino v. Zaldivar (G.R. No. 201314, 2013), the Supreme Court emphasized that small claims decisions are final, limiting remedies to certiorari. For revival, courts have ruled that repeated refilings without valid cause constitute forum shopping (e.g., OCA Circulars on abuse).
• Interactions with Other Rules: If claim exceeds P1,000,000 but ≤ P2,000,000, it falls under Summary Procedure. Over P2,000,000: Regular civil action.

Conclusion

Reviving a small claims action in the Philippines is a straightforward yet powerful remedy for dismissed cases without prejudice, promoting efficient justice while deterring abuse. By refiling with full compliance—including payment of exact docket fees—litigants can pursue claims up to P1,000,000 swiftly. However, adherence to procedural rules is crucial to avoid further dismissals. For complex cases, consulting court personnel or forms from the Supreme Court website is advisable, though legal advice from a professional (outside hearings) remains beneficial. This framework underscores the judiciary's commitment to accessible dispute resolution for all Filipinos.