Step-by-step guide to filing a Small Claims Case in the Philippines

 



Step 1: Verify Eligibility for Small Claims

1. Ensure the claim does not exceed ₱1,000,000, excluding interests and costs.

2. Claims must arise from a purely monetary obligation like unpaid debts, loans, or contractual obligations.

Step 2: Prepare the Required Documents

1.      Statement of Claim- A concise statement explaining the details of the claim.

2.     Verification and Certification of Non-Forum Shopping-A sworn statement affirming that you have not filed a similar case elsewhere.

3. Supporting Documents-Include evidence like contracts, promissory notes, text messages, emails, or receipts.

4.  Government-Issued ID-Attach a photocopy of your valid ID for identification purposes.


Step 3: File the Case at the Proper Court

1. Go to the Metropolitan Trial Court (MeTC), Municipal Trial Court (MTC), or Municipal Circuit              Trial Court (MCTC) where:

                         -The defendant resides, or

                         -The plaintiff resides (at the plaintiff's option).

2.                         Submit 3 copies of the documents (1 for the court, 1                             for the plaintiff, 1 for the defendant).

Step 4: Pay the Filing Fees

1.      Filing fees vary depending on the amount of the claim. Approach       the Office of the Clerk of Court for the computation.

2.      If indigent, you may file a motion to proceed in forma pauperis to       waive fees.

Step 5: Wait for the Summons

The court will issue a Summons to notify the defendant aRE require them to appear at the hearing.  

 

Step 6: Attend the Hearing

 

Small Claims cases are summary in nature; they are decided quickly without lawyers.

 

Both parties will present their claims and evidence.


The court may encourage amicable settlement before proceeding.

 

Step 7: Await the Decision

 

The court is required to render a decision on the same day of the hearing or within 24 hours         thereafter.

 

Additional Tips

 

Preparation is key: Ensure all evidence is complete, organized, and properly authenticated.

Be concise: The court values brevity and clarity during the hearing.

Follow up: Check with the Clerk of Court for updates on your case.





NOTE: This is for informational purposes only and should not be considered as legal advice.
This is a general guide. For personalized legal advice, always consult with a licensed attorney.

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