(NAR) VOL. 22 NO. 1, JANUARY - MARCH 2011
“Rule 20 – SMALL CLAIMS
SECTION 20.1 Small Claims – Cases where the claim does not exceed P1 million shall be categorized as a small claim thereby entitled to special procedures of disposition and reduced fees.
20.1.1 A small claims case shall be handled by a sole arbitrator whose fees shall be at a fixed rate of 3% of the claim but not less than P10,000.00 or as may be prescribed by CIAC. The expenses of the sole arbitrator and CIAC staff consisting of actual expenses of travel accommodations and administrative costs for at most two (2) days incurred for hearing if held outside of Metro Manila shall be borne by CIAC.
20.1.2 All prescribed periods under normal procedure shall whenever practicable, be abbreviated to fifty percent (50%) of that required.”
Filing Fee P 3,600.00Administrative Fee 6,000.00Arbitrator’s Fee 10,000.00Total Fees P 19,600.00
- Cases filed for arbitration involving small claims below P100,000 shall be handled by a Sole Arbitrator;
- Upon filing of the Request for Arbitration, the following fees shall be paid by the Claimant who may seek reimbursement from Respondent based on the agreed sharing fees in the Terms of Reference:
Filing Fee P3,600.00Administrative Fee 6,000.00TOTAL P9,600.00- The Sole Arbitrator’s fee shall be 3% of the claim but not less than P10,000.00, and shall be borne by CIAC chargeable against the Arbitration Development Fund (ADF) pursuant to CIAC Resolution No. 09-2002;
- The Sole Arbitrator shall, if necessary, hold a one-day hearing. If the hearing is to be held outside Metro Manila, the expenses of the Sole Arbitrator and CIAC Staff for travel, accommodations and administrative costs shall, likewise, be borne by CIAC chargeable against the ADF; PROVIDED, however that if the hearing exceeds the prescribed limit of one day, the resultant extra cost shall be borne by the Sole Arbitrator and the parties in the following manner: (i) the Sole Arbitrator shall bear his own resultant extra cost, (ii) the parties shall bear their respective resultant extra cost, including that of their respective lawyers and witnesses, and (iii) the resultant extra cost of the CIAC staff shall be borne equally by the claimant and respondent;
- Where the sum in dispute (claims and counterclaims) amounts to P100,000 and above but does not exceed P1 million, the abovecited provisions of Rule 20 on small claims and the pertinent fees for filing, administrative and arbitrator’s fee charged to the parties under the CIAC Table of Fees, shall continue to be applied; and
- The application of these Guidelines including the availment of benefits hereunder, shall in all cases, be subject to the approval of the Commission taking into account the circumstances of the parties and the primary purpose of these Guidelines which is to provide assistance to small claimants/disputants who cannot afford the regular arbitration costs.
THE COMMISSION: | |
(SGD.) ISAAC S. DAVID | (SGD.) SAMSON C. LAZO |
Acting Chairman | Member |