Required Documents for Filing Small Claims Case in Philippines

Introduction

In the Philippine judicial system, small claims courts provide an accessible, expeditious, and inexpensive mechanism for resolving monetary disputes without the need for formal legal representation. Established under the Revised Rules of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC, as amended by A.M. No. 20-03-12-SC), these courts handle cases involving claims for money owed under contracts, loans, services, or damages, provided the amount does not exceed PHP 400,000 (exclusive of interest and costs). This threshold was increased from PHP 300,000 in 2019 to promote broader access to justice for minor financial disputes.

The small claims process emphasizes simplicity, prohibiting lawyers from appearing on behalf of parties (except in specific circumstances like when the party is a juridical entity) and focusing on mediation and quick resolution. Filing a small claims case begins with the preparation and submission of specific documents to the appropriate Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), or Municipal Circuit Trial Court (MCTC). This article comprehensively outlines the required documents, their purposes, preparation guidelines, and related procedural aspects, ensuring litigants understand the full scope of what is needed to initiate and pursue a small claims action effectively.

Understanding Small Claims Jurisdiction and Eligibility

Before delving into the documents, it is essential to confirm eligibility. Small claims courts have exclusive jurisdiction over civil actions for payment of money where the claim arises from:

• Contracts of loan, services, sale, or lease.
• Damages arising from fault or negligence (quasi-delict).
• Enforcement of barangay conciliation agreements involving money claims.

Exclusions include claims involving ejectment, probate, admiralty, or those requiring title determination. The claim must be purely monetary and not exceed PHP 400,000. If the amount exceeds this, the case falls under regular civil procedure. Additionally, the action must be filed in the court with territorial jurisdiction over the defendant's residence or where the contract was executed.

Parties must first attempt resolution through the Barangay Justice System (Lupon Tagapamayapa) under the Katarungang Pambarangay Law (Presidential Decree No. 1508, as amended), unless exempted (e.g., if parties reside in different municipalities). Failure to comply may result in dismissal.

Core Required Documents for Filing

The cornerstone of filing a small claims case is the submission of a complete set of documents that substantiate the claim. These must be filed in the Office of the Clerk of Court of the appropriate trial court. The rules mandate that the plaintiff provide originals for inspection and certified true copies where applicable. Below is an exhaustive list of the required documents, their contents, and preparation tips.

1. Verified Statement of Claim (Form 1-SCC)

• Purpose: This is the primary pleading that initiates the case. It outlines the facts of the dispute, the amount claimed, and the relief sought.
• Contents:
  • Full names, addresses, and contact details of the plaintiff and defendant.
  • A clear narration of the facts leading to the claim, including dates, amounts, and relevant events.
  • The specific amount claimed (principal, plus interest if applicable, but excluding attorney's fees and costs, as these are not recoverable in small claims).
  • A statement that the claim is within the small claims threshold and jurisdiction.
  • Verification: The plaintiff must swear under oath that the statements are true and correct, typically before a notary public or the Clerk of Court.
• Preparation: Use the official Small Claims Form 1-SCC, available for free at the court or downloadable from the Supreme Court website. It must be accomplished in duplicate (original plus one copy). Attach a computation of the claim if interest is involved.
• Quantity: Original plus two copies (one for the court, one for the defendant).
• Key Notes: If there are multiple plaintiffs or defendants, all must be named. For juridical entities (e.g., corporations), the authorized representative must sign and provide proof of authority (e.g., board resolution).

2. Certification of Non-Forum Shopping (Integrated in Form 1-SCC)

• Purpose: To prevent multiple filings of the same claim in different courts, ensuring judicial efficiency.
• Contents: A sworn statement that the plaintiff has not commenced any other action involving the same issues in another court or tribunal, and if any such action exists, its status.
• Preparation: This is usually incorporated into the Verified Statement of Claim. It must be notarized or verified before the Clerk of Court.
• Key Notes: Violation can lead to dismissal of the case. If a similar case is pending, disclose it fully.

3. Actionable Documents and Evidence

• Purpose: To provide prima facie proof of the claim, as small claims rely heavily on documentary evidence rather than prolonged trials.
• Types and Examples:
  • Contracts, promissory notes, or agreements (e.g., loan contracts, sales invoices).
  • Receipts, acknowledgments, or proof of payment/delivery.
  • Demand letters sent to the defendant prior to filing (mandatory; at least one written demand must be made).
  • Photographs, emails, text messages, or other correspondence supporting the claim.
  • Computation sheets for damages or interest.
• Preparation: Submit two duly certified photocopies of each document. Originals must be presented for comparison during filing. If documents are voluminous, organize them with an index.
• Quantity: Two copies per document.
• Key Notes: Electronic documents (e.g., emails) must be printed and authenticated via affidavit. If originals are lost, provide an affidavit of loss and secondary evidence.

4. Affidavits of Witnesses (Form 1-B-SCC, if applicable)

• Purpose: To support the claim with testimonial evidence, as witnesses may not always appear in court.
• Contents:
  • Full name, address, and relationship of the witness to the case.
  • A detailed account of what the witness knows about the dispute.
  • Verification under oath.
• Preparation: Use the official form if available. Not mandatory if the claim can stand on documents alone, but recommended for strengthening the case.
• Quantity: Original plus two copies.
• Key Notes: Limited to relevant witnesses; excessive affidavits may complicate the simplified process.

5. Certificate to File Action (from Barangay)

• Purpose: Proof that the parties attempted amicable settlement at the barangay level.
• Contents: Issued by the Lupon Secretary or Punong Barangay, stating that conciliation failed or was not required.
• Preparation: Obtained from the barangay hall after mediation sessions. Exemptions apply if parties are from different cities/municipalities or if one is a government entity.
• Quantity: Original plus one copy.
• Key Notes: Without this, the court may dismiss the case for lack of cause of action, unless exempted.

6. Proof of Payment of Filing Fees

• Purpose: To cover docket fees, which are minimal in small claims to ensure accessibility.
• Contents: Official receipt from the Clerk of Court.
• Preparation: Fees are based on the claim amount (e.g., PHP 1,000 for claims up to PHP 20,000, scaling up). Indigent litigants may apply for exemption via a Motion to Sue as Indigent, supported by a Certificate of Indigency from the barangay or DSWD.
• Key Notes: No sheriff's fees or other costs initially; recoverable only if awarded.

Additional Documents in Special Circumstances

• For Juridical Persons: Special Power of Attorney or Board Resolution authorizing the representative.
• For Minors or Incompetents: Appointment of Guardian ad Litem.
• For Counterclaims: If the defendant files a counterclaim (permissible if within threshold), similar documents as above.
• Motion for Execution: Post-judgment, if needed, but not for filing.

Step-by-Step Filing Process

1. Prepare all documents as outlined.
2. File at the Clerk of Court; pay fees.
3. Court assesses completeness; if deficient, plaintiff has five days to comply.
4. Summons issued to defendant (via personal service or substituted if necessary).
5. Preliminary conference for mediation; if unsuccessful, judgment based on submissions.

Common Pitfalls and Best Practices

• Incompleteness: Ensure all documents are verified and copied correctly to avoid dismissal.
• Timeliness: File within the prescription period (e.g., 10 years for written contracts under Civil Code Art. 1144).
• Evidence Strength: Rely on clear, admissible documents; hearsay is inadmissible.
• Amendments: Allowed before summons, but sparingly.
• Appeals: Decisions are final and executory; no appeals, but certiorari possible for grave abuse.

Conclusion

Filing a small claims case in the Philippines democratizes access to justice by minimizing bureaucratic hurdles. By meticulously preparing the Verified Statement of Claim, Certification of Non-Forum Shopping, actionable documents, affidavits, barangay certificate, and paying requisite fees, plaintiffs can effectively pursue their claims. This process not only resolves disputes swiftly but also upholds principles of fairness and efficiency enshrined in the Philippine Constitution and judicial reforms. Litigants are encouraged to consult court personnel for forms and guidance, ensuring compliance with the rules for a successful outcome.