OPPOSITION TO THE SMALL CLAIMS RULE

The Supreme Court has reported with pride the resolution of a small claims case in Iloilo under the Rules of Procedure for Small Claims Cases which took effect last Oct. 1 that governs the procedure for prosecuting, defending, and adjudicating small claims cases or civil claims which are exclusively for the payment of a sum of money not exceeding P100,000.00, before first-level courts (Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts).
To jumpstart the launch of this Rule, the Supreme Court issued Administrative Order No. 141-2008 designating 22 first-level courts nationwide as pilot courts to hear and decide small claims cases.
According to the SC website, the Iloilo Metropolitan Trial Court Branch 4 successfully resolved the first small claims case outside Metro Manila through Judicial Dispute Resolution (JDR) 15 minutes after the case was called for hearing. The case arose in 2004 when defendants failed to settle their loan obligation after mortgaging a parcel of land in the amount of P53,900.00.
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Admittedly, a money claim of P100,000 maybe “small” for big cities in Metro Manila, Cebu, Davao or Iloilo. But P100,000 is definitely not a small amount here in Tagbilaran or in Bohol for that matter.
The amount of P5,000 could perhaps qualify as small money claim in other places outside Metro Manila but this is still debatable when it comes to places in the Visayas and Mindanao.
But our thesis of classifying P5,000 as rather small is for the courts of justice to use its machinery in order to enforce the claim.
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Secondly, P100,000 is definitely “small” for corporate lawyers and big law firms in Metro Manila, Cebu or Davao. But the amount is quite a source of potential income for practicing lawyers in the provinces and small cities like Tagbilaran.
Thus, by implementing the small claims rule in places other than those in the metropolis, it would be tantamount to depriving legal practitioners from potential clients which is akin to a deprivation of property.
We therefore urge the local chapter of the Integrated Bar of the Philippines (IBP) under Atty. Isabelo Sales Jr. to come up with a stand opposing the implementation of the small claims rule here in fairness to local legal private practitioners.
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It is quite tempting to discuss here the fate of the privilege speech delivered by City Councilor Zenaido Rama the other week which gained prominence in local newspapers last Sunday. It was again tackled by the city council during our regular session last Friday.
However, out of self-restraint and delicadeza, we shall refrain from delving into the matter as we may not be able to deal with it objectively considering our political configuration.
It has been our avowed motto not to use this corner or even our “Barometro” portion of Tagbilaran By Nite for our own political and personal ends even if we have been described by political foes with all kinds of unsound adjectives already. We do hope that others in the media who are similarly situated like us would follow. Anyway, there are proper avenues for this.