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. Where Filed
Summary Procedure
1. Metropolitan Trial Courts
2. Municipal Trial Courts in Cities
3. Municipal Trial Courts
4. Municipal Circuit Trial Courts
III. 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.
IV. Prohibited Cases
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
procedure.
Small Claims
To provide a speedier and inexpensive
disposition of money claims of small
amounts
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
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