An aggrieved party has no absolute freedom to seek direct recourse before the highest court

Dear PAO,

I was informed that a decision in a civil action for small claim is not appealable, and the possible remedy is to file a petition for certiorari. Assuming I will avail of said legal remedy, can I file it directly with the Supreme Court?

Thanos

Dear Thanos,

Small claims are governed by AM 08-8-7-SC dated March 1, 2022 or The Rules On Expedited Procedures in the First Level Courts. Under Section 1 (A)(2), Rule I of said rules, it provides that:

«Small Claims Cases, as defined hereunder, where the claim does not exceed One Million Pesos (P1,000,000.00), exclusive of interest and costs.

»A 'small claim' is an action that is purely civil in nature where the claim or relief raised by the plaintiff is solely for the payment or reimbursement of a sum of money. It excludes actions seeking other claims or reliefs aside from payment or reimbursement of a sum of money and those coupled with provisional remedies.

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«The claim or demand may be:

»(a) For money owed under any of the following:

«1. Contract of Lease;

»2. Contract of Loan and other credit accommodations;

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«3. Contract of Services; or

»4. Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties.

" (b) The enforcement of barangay amicable settlement agreements and arbitration awards, where the money claim does not exceed One Million Pesos (P1,000,000.00), provided that no execution has been enforced by the barangay within six (6) months from the date of the settlement or date of receipt of the award or from the date the obligation stipulated or adjudged in the arbitration award becomes due and demandable, pursuant to Section 417, Chapter VII of Republic Act No. 7160, otherwise known as The Local Government Code of 1991."

It is true that a decision in a civil action for small claims is not appealable. This is in consonance with Section 24, Rule IV, of the same rules, which partly states that: «The decision shall be final, executory and unappealable.» However, even if appeal is not available, the aggrieved party may file a petition for certiorari if the court that rendered the