Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases
OCA Circular No. 250-2018 addresses the requirements for the appearance of parties in small claims cases as outlined in the 2016 Revised Rules of Procedure for Small Claims Cases. It mandates that parties must appear in person at hearings, and if represented, the representative must be a non-lawyer and a relative or next-of-kin of the individual party. Juridical entities cannot be represented by a lawyer, and a Special Power of Attorney is required for the representative to negotiate settlements and enter stipulations. The Circular emphasizes strict adherence to these provisions without exceptions.
Quick Answers
- What is Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases about?
- OCA Circular No. 250-2018 addresses the requirements for the appearance of parties in small claims cases as outlined in the 2016 Revised Rules of Procedure for Small Claims Cases. It mandates that parties must appear in person at hearings, and if represented, the representative must be a non-lawyer and a relative or next-of-kin of the individual party. Juridical entities cannot be represented by a lawyer, and a Special Power of Attorney is required for the representative to negotiate settlements and enter stipulations. The Circular emphasizes strict adherence to these provisions without exceptions.
- What type of law is OCA Circular No. 250-2018?
- Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases (OCA Circular No. 250-2018) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases enacted?
- Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases (OCA Circular No. 250-2018) was enacted on Nov 29, 2018.
- What is the citation for Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases?
- Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases, OCA Circular No. 250-2018, Nov 29, 2018 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 250-2018
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 29, 2018
OCA CIRCULAR NO. 250-2018
| TO | : | All Judges and Clerks of Court of the First Level Courts |
| SUBJECT | : | Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC (Re: Rule of Procedure for Small Claims Cases) Relative to the Provision on the Appearance of a Party through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases |
For the information, guidance and strict observance of all first level courts, appended herein as Annex "A" is the Resolution dated 13 November 2018 of the Honorable Court, En Banc, in A.M. No. 08-8-7-SC (Re: Rule of Procedure for Small Claims Cases).
In the Resolution, the Court explicitly requires observance of the requisites under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases, to quote:
xxx xxx xxx
At any rate, the 2016 Revised Rules of Procedure for Small Claims Cases will not apply, as the said requirement is very clear and needs no interpretation, to wit:
SECTION 18. Appearance. — The parties shall personally appear on the designated date of hearing.
Appearance through a representative must be for a valid cause. The representative of an individual-party must not be a lawyer and must be related to or next-of-kin of the individual-party. Juridical entities shall not be represented by a lawyer in any capacity.
The representative must be authorized under a Special Power of Attorney (Form 7-SCC) to enter into an amicable settlement of the dispute and to enter into stipulations or admissions of facts and of documentary exhibits.
Under the foregoing provision, the appearance through representative of an individual party is allowed as long as such representative is (1) not a lawyer; and (2) must be related to or next-of-kin. The same provision does not provide for any exception. x x x (emphasis supplied) cSEDTC
(SGD.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator
ANNEX A
A.M. No. 08-8-7-SCNovember 13, 2018
Cite This Law
Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases, OCA Circular No. 250-2018, Nov 29, 2018 (Philippines)
Resolution Dated 13 November 2018 in A.M. No. 08-8-7-SC Relative to the Provision on the Appearance of a Party Through Representative under Section 18 of the 2016 Revised Rules of Procedure for Small Claims Cases, OCA Circular No. 250-2018 (Phil. 2018)
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