How to File a Small Claims Case for Unpaid Debts in the Philippines

In the Philippine legal system, the Revised Rules of Procedure for Small Claims Cases provide a simplified, inexpensive, and expeditious way to settle disputes involving pure money claims. Designed to decongest court dockets and provide "common folk" access to justice without the need for extensive legal representation, these rules allow individuals to recover debts through a streamlined process.


1. Scope and Jurisdiction

The Small Claims process applies to all civil actions which are purely money claims where the value of the claim does not exceed One Million Pesos (P1,000,000.00), exclusive of interest and costs.

Claims covered include:

  • Money owed under a contract of lease, loan, services, sale, or mortgage.
  • Liquidated damages arising from contracts.
  • The enforcement of a barangay amicable settlement or an arbitration award involving money.

Where to file: Cases are filed in the Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC), or Municipal Circuit Trial Courts (MCTC) where the plaintiff (claimant) or the defendant resides, at the option of the plaintiff.


2. Key Features: No Lawyers Allowed

One of the most distinct features of a Small Claims case is the prohibition of lawyers.

  • Representation: A party cannot be represented by a lawyer during the hearing. If the court determines that a party cannot properly present their claim or defense, the court may allow another non-lawyer to assist.
  • Corporate Plaintiffs: If the plaintiff is a corporation, it must be represented by a duly authorized officer (via a Secretary's Certificate or Board Resolution) who is not a lawyer.

3. Step-by-Step Procedure

Step A: Exhaustion of Barangay Conciliation

Before filing in court, if both parties reside in the same city or municipality, the dispute must generally undergo conciliation at the Barangay level. If no settlement is reached, the Punong Barangay will issue a Certificate to File Action, which is a mandatory requirement for the court filing.

Step B: Filing the Statement of Claim

The plaintiff must file a Statement of Claim (Form 1-SCC) with the Office of the Clerk of Court. This is a "fill-in-the-blanks" form provided by the court.

  • Attachments: You must attach certified copies of documents supporting the claim (e.g., promissory notes, receipts, demand letters, and the Certificate to File Action).
  • Verification and Certification: The plaintiff must sign a Verification and Certification Against Forum Shopping.
  • Payment of Fees: Filing fees must be paid unless the plaintiff is allowed to litigate as an indigent (pauper litigant).

Step C: Summons and Response

Once the case is filed and the court finds it sufficient, it will issue a Summons to the defendant.

  • The Response: The defendant has ten (10) days from receipt of the summons to file a verified Response (Form 3-SCC).
  • Failure to Respond: If the defendant fails to file a response within the period, the court may render judgment based on the facts alleged in the Statement of Claim.

Step D: The Hearing and Mediation

The court will set the case for a single-day hearing.

  1. Judicial Dispute Resolution (JDR): On the day of the hearing, the judge will first attempt to mediate between the parties to reach an amicable settlement.
  2. The Hearing: If mediation fails, the judge will proceed with a summary hearing. There is no formal trial or cross-examination in the traditional sense. The judge will ask questions to clarify the facts.

4. The Decision and Finality

The judge is required to render a decision within twenty-four (24) hours after the hearing is terminated.

  • Final and Executory: The most critical aspect of a Small Claims decision is that it is final, non-appealable, and immediately executory.
  • Remedy: Since an appeal is not allowed, the only available legal remedy for an aggrieved party is to file a Petition for Certiorari under Rule 65 of the Rules of Court, but only on the grounds of grave abuse of discretion amounting to lack or excess of jurisdiction.

5. Essential Reminders for Claimants

  • Evidence is King: Since there is no trial, your documentary evidence (contracts, chat logs, bank transfers) must be complete and attached at the very beginning.
  • Splitting Causes of Action: You cannot split a single debt into multiple small claims cases to stay under the P1M limit. If you do, the other portions will be dismissed.
  • The "Five-Case" Rule: If a plaintiff files more than five (5) small claims cases within one calendar year in the same judicial region, an additional "pro bono" fee is often charged to prevent the abuse of the system by professional collection agencies.
Item Requirement
Claim Limit Up to P1,000,000.00
Lawyer Presence Strictly prohibited during hearings
Forms Standardized SCC Forms provided by the Court
Appeal Not allowed; Decision is final

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.