MUNICIPAL TRIAL COURT IN CITIES xx PHIL. POSTAL SAVINGS BANK, INC. TACLOBAN BRANCH MIRANDA G. VARON, VP-VISAYAS, Plaintiff; Civil Case No. 2016-09-SC-04 For: -versusCollection of Sum of Money LUISITO T. REDONA, Defendant. x-------------------------------------------x JUDGMENT This is a Judgment based on the Statement of Claim for failure of the defendant to file answer and to appear on the scheduled hearing of this case despite notice. This is a small claims action for money owed under a Contract of Loan. Plaintiff in its Statement of Claim, claims that owes it money in the amount of P74,657.26.
defendant
Attached with the Statement of Claim are Formal Demand
Letter, Joint Affidavit, Management Committee Resolution, Memorandum for the MANCOM, Memorandum, SEC Registration, and Special Power of Attorney. Ruling Under the 2016 Revised Rules of Procedure for Small
Claims Cases, to wit:
SEC. 6. Commencement of Small Claims Action. A small claims action
is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence. The plaintiff must state in the Statement of Claim if he/she/it is engaged in the business of lending, banking and similar activities, and the number of small claims cases filed within the calendar year regardless of judicial station. (emphases added)
Based on the afore-quoted provision, it is imperative that
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plaintiff shall file an accomplished and verified Statement of
Claim, accompanied by, among others, two duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. The Rules impose a sanction for failure to do so, by not allowing any evidence during the hearing which was not attached to or submitted together with the Statement of Claim. Moreover, under Section 9 of the aforesaid Rules, the non-submission of the required affidavits will cause the immediate dismissal of the claim. It states as follows: SEC. 9. Affidavits. The affidavits submitted under this Rule shall state only facts of direct personal knowledge of the affiants or based on authentic records, which are admissible in evidence. A violation of this requirement shall subject the party, and the counsel who assisted the party in the preparation of the affidavits, if any, to appropriate disciplinary action. The inadmissible affidavit(s) or portion(s) thereof shall be expunged from the record. The non-submission of the required affidavits will cause the immediate dismissal of the claim or counterclaim. (emphasis added)
In this case, while the attached Joint Affidavit dated 14 March
2016 states that the Promissory Note of the salary loan borrowers were all destroyed and lost by flood waters and strong winds at the onslaught of super typhoon Yolanda on November 8, 2013, it likewise mentions a document tagged as Annex A which is supposedly forming part of the Joint Affidavit. The Court assumes that this is the borrower loan ledger kept by the bank, as mentioned in the Statement of Claim under the Question No. 4: What is your proof that defendant owes you money? However, the Court tried in vain to locate the same in the records, because it was not attached in plaintiffs Statement of Claim. Moreover, under the second paragraph of Section 6 aforementioned, the plaintiff, if it is engaged in banking, must state the number of small claims cases filed within the calendar year. However, in plaintiffs Statement of Claim in the case at hand, Question 6-A contains no answer, which likewise violates the aforestated Rule. Finding no sufficient evidence to support the claim of the plaintiff, this Court shall have no other recourse than to dismiss this case for lack of merit. WHEREFORE, plaintiffs Statement of Claim is DISMISSED. SO ORDERED. IN CHAMBERS, Tacloban City, October 26, 2016.