Procedure Details

1. Attached documents to the Statement of Claim

a. Notarized Verified & Certification of Non-Forum Shopping,

Splitting a Cause of Action and Multiplicity of Suits.

b. Duly certified photocopies of the actionable document/s

subjects of the claim, as well as the notarized affidavits of
witnesses and other evidence to support the claim.

c. Other documents to be attached:

1. Statement of Accounts
2. Terms and Conditions
3. Summary of Fees and Charges
4. Notice of assignment
5. Instrument of assignment
6. Secretarys Certificate
7. Demand Letter
8. Proof of Delivery
9. Affidavit of Service
10. Amended Articles of Incorporation

2. Scope of small claims complaint

It covers cases at the MTC where the value of the claim does not
exceed P200,000.00, exclusive of interest and costs. It applies to
actions which are purely civil in nature where the claim or relief
prayed for by the plaintiff is solely for payment or reimbursement of
sum of money.
3. Rule on Summons

Handing a copy to the defendant in person; OR

a. If he refuses to receive and sign for it, by tendering it to him

b. Substituted:

1. Leave copies at his residence, with person of suitable age

and discretion residing therein; OR

2. Leave copies at defendants office/regular place of

business, with competent person in charge thereof.

Decision by the Supreme Court regarding service of summons:

Bank of the Philippines Islands vs Amador A. Magdamit, Jr.

(November 12, 2014)

Sheriffs are asked to discharge their duties on the service of

summons with due care, utmost diligence, and reasonable
promptness and speed so as not to prejudice the expeditious
dispensation of justice. Thus, they are enjoined to try their best
efforts to accomplish personal service on defendant.

On the other hand, since the defendant is expected to try to avoid

and evade service of summons, the sheriff must be resourceful,
persevering, canny, and diligent in serving the process on the
defendant.
For substituted service of summons to be available, there must be
several attempts by the sheriff to personally serve the summons
within a reasonable period [of one month] which eventually resulted
in failure to prove impossibility of prompt service. "Several attempts"
means at least three (3) tries, preferably on at least two different
dates. In addition, the sheriff must cite why such efforts were
unsuccessful. It is only then that impossibility of service can be
confirmed or accepted.