Parley notes law on small claims courts

The bill, gazetted on November 28, is known as the Small Claims Courts Bill.
Tenants who have been unfairly evicted by landlords are also free to claim where the contested amount is not more than P15,000.

The proposed law follows a recommendation by the 1997 Aguda Commission which was asked to find ways to decongest magistrates' courts and to speed up the delivery of justice.

Magistrates will head the small courts. More significantly, the courts will not permit representation by lawyers.  This is intended to help them to settle matters quickly.
The small claims courts will not be courts of record.

A corporate body or association will not be allowed not to institute proceedings in the small claims courts, but it may bring a counter claim.

When a corporate body or association is brought before the courts, it may be represented by its director, member, or an employee, but not an attorney.

The small claims courts will entertain claims for payment, delivery, or transfer of money owed, or other property, movable or immovable, so long as the clam does not exceed P15,000, exclusive of interest.

Although the courts will entertain claims of not more than P15,000, the bill says a person may bring more than one claim separately.

Failure to comply with a decision of the small claims court carries a maximum jail term of one month.