Filing Small Claims for Debt Using Messenger Chat as Evidence in the Philippines
Everything you need to know—from jurisdictional limits to screenshot etiquette—packed into one reference.
1. What Counts as a “Small Claim”?
| Rule | Current Threshold (2025) |
|---|---|
| Money owed (loan, unpaid goods/services, rentals, utilities, etc.) | ≤ ₱400,000 principal (exclusive of interest & costs) |
| Excluded claims | Damages, defamation, housing ejectment, probate, labor, marital, land title, insolvency, estafa, etc. |
Source: 2020 Revised Rules of Procedure for Small Claims (A.M. No. 08‑8‑7‑SC) as amended effective 11 April 2022, which raised the ceiling from ₱300 k to ₱400 k.
2. Which Court and Where?
| Court Level | Territorial Venue |
|---|---|
| First‑level courts—MTC, MTCC, MCTC, MeTC | Where plaintiff or defendant resides, at plaintiff’s option. (If defendant is a juridical entity, its principal office.) |
3. Who May Appear?
- Parties represent themselves personally.
- Lawyers are barred unless the party‑litigant is a lawyer‑spouse or lawyer‑relative (up to first civil degree) appearing for free.
- Corporations/partnerships file through an officer (e.g., president, managing partner) armed with a Special Power of Attorney/Board Resolution.
4. Pre‑Filing Checklist
| ✅ | Task | Rule/Tip |
|---|---|---|
| 1 | Demand letter giving debtor at least 15 days to pay. Attach proof of service (registry receipt, screenshot of delivered chat, etc.). | Sec. 4(a)(6) |
| 2 | Statement of Claim (Form SC‑01) completed in Filipino or English. | Annex “1” |
| 3 | Certification of Non‑Forum Shopping (part of SC‑01). | |
| 4 | Messenger chat screenshots/printouts + authentication affidavit (details § 6). | |
| 5 | Government‑issued IDs of parties/representatives. | |
| 6 | Filing fees—docket + sheriff’s fee + photocopy fee. (Approx. ₱2 k–₱5 k depending on claim amount.) |
5. Admissibility of Messenger Chats
Legal basis
- Rules on Electronic Evidence (A.M. No. 01‑7‑01‑SC)
- Section 1, Rule 5—text messages, emails, chat logs are admissible if “authenticated by the creator, sender, or recipient.”
Authenticate like a pro
Step What to do Why it matters a Export or screenshot the entire conversation thread showing parties’ names, profile pictures, and timestamps. Use Facebook’s “Download Your Information” tool if possible. Preserves metadata & avoids cropping accusations. b Print in color; paginate & initial every page. Demonstrates integrity of sequence. c Prepare an “Affidavit of Authenticity & Identification of Electronic Evidence.” Sign before a notary or the small‑claims court clerk. Must state: (i) affiant’s personal knowledge, (ii) device used, (iii) method of capturing screenshots, (iv) that printouts are faithful reproductions. Satisfies Sec. 2, Rule 5. d (Optional but persuasive) Provide device‑generated hash, or submit the phone for in‑camera inspection. Rebuttal to tampering claims. e Present yourself for oral testimony on hearing day. Required if the judge needs clarification; cross‑examination right preserved. Common authenticity pitfalls
- Cropped chats omitting debtor’s admission.
- Inconsistent timestamp formats.
- Different font/ resolution across pages (suggests editing).
- Missing Facebook usernames or IDs.
Hearsay concerns
- Chat admissions by the debtor are party admissions, so hearsay rule does not apply.
- Third‑party statements inside the chat require independent foundation.
6. Step‑by‑Step Court Process
| Timeline | Action | Detail |
|---|---|---|
| Day 0 | File SC‑01 + evidence; pay fees. | Clerk dockets & issues Summons + Notice of Hearing (Form SC‑02). |
| ≤ 5 days | Court serves Summons (personal, courier, or accredited private process server). | If service fails, judge may order substituted service. |
| Within 10 days of service | Defendant files Response (Form SC‑03) + counter‑evidence. | No fees for defendant. |
| On hearing date (set 30 days from filing) | Single‑session hearing: 30 min. mediation → if no settlement, 30 min. judicial determination. | Informal—judge may ask clarifying questions; no rigid rules of evidence. |
| Same day or within 24 h | Decision (Form SC‑05). | Judge’s ruling immediately executory. |
| 5 days after decision | Motion to correct clerical error only. No appeal on the merits. | Extraordinary remedy: Rule 65 certiorari for grave abuse of discretion. |
| After finality | Motion for Execution (Form SC‑06) → sheriff levies/garnishes debtor’s assets/bank account. | Sheriff’s fee: 5% of amount garnished/levied (min ₱1 k). |
7. Cost Breakdown (Illustrative)
| Item | ≤ ₱100 k | ₱100 k–₱200 k | ₱200 k–₱400 k |
|---|---|---|---|
| Docket fee | ₱1,000 | ₱1,500 | ₱2,000 |
| Legal Research Fund | 1% of docket fee | 1% | 1% |
| Mediation fee | ₱500 | ₱500 | ₱500 |
| Sheriff’s fee advance | ₱1,000 | ₱1,000 | ₱1,000 |
| Approx. total | ₱2,560 | ₱3,160 | ₱3,760 |
(Figures reflect OCA Circular 88‑2023; verify at filing time.)
8. Strategic Tips for Claimants
- Send a clear demand via Messenger first—those screenshots double as both demand proof and admission.
- Capture the debtor’s profile link (tap their name → “Copy Link”). Courts appreciate immutable identifiers.
- Keep chat language in Filipino/English; dialect or emoji‑heavy chats may need translation.
- Include proof of lending (GCash receipt, bank transfer) to link the chat promise to actual money.
- Bundle evidence chronologically—demand, chats, receipts—so the judge reads a coherent story.
- Arrive early; hearings start on the dot and end fast.
- If debtor pays before hearing, submit Joint Motion to Dismiss to close the case and recover 50 % of docket fees.
9. Typical Defenses & How to Counter
| Debtor’s Defense | Claimant’s Counter‑Move |
|---|---|
| “Screenshots are fake.” | Offer to unlock phone for judge; present download archive hash. |
| “Different conversation context.” | Produce longer thread or entire backup file. |
| “I already paid.” | Demand receipts/cancelled checks; highlight absence of proof. |
| “Prescription.” | Show dates: small‑claims actions on written contracts prescribe in 10 years (Art. 1144, Civil Code). |
10. Privacy, Cybercrime & Ethical Notes
- Data Privacy Act (RA 10173). Presenting chat where you are a party to the conversation is not a prohibited disclosure.
- Cybercrime Law (RA 10175). Altering or fabricating electronic evidence is punishable; warn parties against doctored chats.
- Notary’s Electronic Notarization (if available) can further strengthen affidavits but is optional.
11. Key Supreme Court Rulings to Know
| Case | Gist |
|---|---|
| People v. Enoja, G.R. 247275 (2023) | Facebook Messenger chats admitted after sender testified and phone inspected. |
| Republic v. Cagang, G.R. 206438 (2018) | Set baseline for authenticating digital evidence; affidavit + testimony sufficient. |
| People v. Domasian, G.R. 253566 (2022) | Text messages/screenshots upheld; emphasized unbroken chain of custody. |
(While criminal in nature, these cases guide civil courts on electronic evidence standards.)
12. Enforcement Insights
- Bank garnishment is fastest if you know debtor’s bank; ask court for subpoena duces tecum to compel bank disclosure.
- Motor vehicle levy requires LTO verification of ownership.
- Salary garnishment possible via employer under Art. 1708, Civil Code (observe exempt percentage under Labor Code).
13. Frequently Asked Questions
| Q | A |
|---|---|
| Can I sue for interest and penalties? | Yes, as long as the principal does not exceed ₱400 k. Court may reduce unconscionable rates. |
| What if the debtor lives abroad? | Small claims needs personal or substituted service within PH; otherwise file ordinary civil action or use Rule 13 service abroad. |
| Can the decision be appealed? | No regular appeal; only Rule 65 petition for certiorari before RTC on grave abuse, filed within 60 days. |
| Is online mediation allowed? | Yes. The 2022 amendments expressly permit videoconference hearings; submit email/number for service. |
14. Bottom Line
Filing a small claim for debt in the Philippines is designed to be quick, cheap, and lawyer‑free. Messenger chats are perfectly valid evidence—if you lay the proper foundation:
- Capture full, unedited chat with visible metadata.
- Swear an affidavit of authenticity.
- Present the phone or download file if challenged.
Handle those three steps, and the court can decide your case—often the same day—and let you proceed to collection without months of litigation.
Prepared July 19 2025. Always confirm the latest Supreme Court circulars or local court issuances before filing.