Responding to a Small Claims Court Statement of Claim
Philippine jurisdiction · A.M. No. 08‑8‑7‑SC, as amended (effective 1 February 2021)
Disclaimer: This material is for general information only and does not constitute legal advice. Procedures can change; always check the latest circulars of the Supreme Court or consult qualified counsel if you are unsure.
1. Snapshot of the Philippine Small Claims System
| Item | Current rule (A.M. 08‑8‑7‑SC, latest amendment 2021) |
|---|---|
| Monetary ceiling | ≤ ₱400,000 exclusive of interest, penalties, costs |
| Covered claims | Purely money demands: loans, rents, damages, services, enforcement of promissory notes, checks, credit card debt, etc. |
| Excluded | Actions for forcible entry/unlawful detainer, damages arising from criminal acts, estate matters, quo warranto, etc. |
| Representation | Parties appear personally; lawyers not allowed unless they are the plaintiff/defendant. A non‑lawyer representative (spouse, relative, friend) may appear with a Special Power of Attorney (SPA) in prescribed form. |
| Key timelines | 10 calendar days for the Response; single‑day hearing; decision on the same day; judgment immediately final and executory. |
| Costs | Plaintiff pays modest docket fees (graduated). No filing fee for the defendant’s Response. |
2. What You Receive and Why It Matters
- Summons (SC‑2) – issued by the court clerk within 24 hours after the claim is docketed.
- Statement of Claim (SC‑1) – the plaintiff’s verified narrative, attachments, and evidence.
- Blank Response Form (SC‑3) – to be completed by you; includes space for counterclaims and list of evidence.
Tip: Note the date you actually received the packet. That date starts the 10‑day clock.
3. Counting the 10‑Day Deadline
- Calendar, not judicial, days – Weekends and holidays are included.
- If the 10th day falls on a Saturday, Sunday, or a legal holiday, you may file on the next working day (Rule 22, Rules of Court, applied suppletorily).
- Late filing risks a default‑style judgment based solely on the plaintiff’s evidence.
4. Preparing the Response (SC‑3)
4.1 Contents
| Section | What to write |
|---|---|
| A. Admissions/Denials | Respond point‑by‑point; state if each allegation is admitted, denied, or lacks knowledge. Bare denials are disfavoured—add short explanations. |
| B. Defenses | Legal and factual grounds (e.g., full payment, prescription, novation, lack of consent, forged signature, violation of the Usury Law). |
| C. Counterclaim (optional) | May assert money claims against the plaintiff ≤ ₱400,000 arising from the same transaction. Must be compulsory—otherwise, file separately. |
| D. List of Evidence | Enumerate documents (receipts, contracts, SMS screenshots, bank statements) plus names of witnesses. |
4.2 Formalities
- Keep to the prescribed form; handwritten is acceptable if legible.
- Verification & Certification (bottom of the form) must be signed under oath before the clerk of court or a notary (free oath at the MTC if you bring ID).
- Attachments: Submit two sets (court + adverse party). Original documents must be presented at the hearing for comparison.
- No filing fee.
5. Filing and Service
- File the completed Response with the same Municipal Trial Court (MTC/METC/MTCC) that issued the summons.
- The clerk stamps “RECEIVED” and furnishes the plaintiff a copy (you need not serve it personally).
- If filing by registered mail or accredited courier, proof of mailing within 10 days suffices, but allow transit time.
6. Pre‑Hearing Checklist
| Task | Why it matters |
|---|---|
| Organise documents in sequence | The judge often asks parties to mark exhibits right away. |
| Prepare a concise narration (2‑3 minutes) | Hearings are summary; rambling presentations frustrate judges. |
| Bring original IDs | To prove identity and sign compromise agreements. |
| Try settlement beforehand | If parties settle, the claim is dismissed and the plaintiff may withdraw the case. |
7. Hearing Day
Call of Case & Appearance Check
- Both parties must answer when called. Absence of the plaintiff = dismissal with prejudice. Absence of the defendant = judgment on the pleadings.
Judicial Dispute Resolution (JDR)
- Judge (or a trained mediator) shepherds a compromise. Any lawful compromise is encouraged.
- If successful, parties sign a Settlement Agreement; the court approves it as judgment.
Summary Hearing
- If no settlement, the judge proceeds immediately—no need to reschedule.
- Simplified examination of documents and sworn questioning of parties and witnesses. Formal Rules of Evidence do not apply, but authenticity and relevance still matter.
Decision
- Rendered on the same day; written judgment furnished within 24 hours.
- Final and unappealable (Sec. 23). The only recourse is a Rule 65 petition (certiorari) to the RTC on the narrow ground of grave abuse of discretion.
8. After Judgment
| Scenario | Your options |
|---|---|
| You win | Move for writ of execution if the plaintiff does not voluntarily pay. The sheriff may garnish bank deposits or levy personalty/realty. |
| You lose | Voluntary compliance avoids execution costs. Non‑payment exposes assets to levy after 30 days. |
| Grounds for Certiorari | E.g., judge ignored a clear statutory bar, or violated due process. Must file within 60 days in the appropriate RTC, with explanation of lack of appeal. |
9. Common Defenses & Pitfalls
| Defense | Key elements & proof |
|---|---|
| Full/partial payment | Receipts, bank transfers, acknowledgments. |
| Prescription | For written contracts: 10 yrs; oral: 6 yrs; quasi‑contract: 6 yrs. Count from accrual of cause of action. |
| Unconscionable interest | Show interest exceeds the 6%/12% legal rates without mutual agreement. |
| No cause of action | Plaintiff sued wrong party or claim is not purely monetary. |
| Forgery | Present handwriting expert report or notarised comparison specimens. |
Pitfall: Ignoring the summons. Even a weak claim can be granted if uncontested.
10. Practical Tips
- Be concise. Judges handle dozens of small claims daily.
- Respect decorum. Proper attire, no loud arguments.
- Evidence first, arguments later. Bring at least two photocopies of every exhibit.
- Settlement is king. Even partial payment plans may be acceptable to the plaintiff and approved by the court.
- Keep proof of service. Courier receipts, registry slips, and SMS/email confirmations are lifesavers in disputes over deadlines.
11. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I hire a lawyer just to draft the Response? | Yes. Lawyers may assist behind the scenes; they simply cannot appear in court for you. |
| May I file electronically? | Some pilot courts accept e‑filing under OCA Circular 96‑2021; confirm with the clerk. |
| What if the amount exceeds ₱400,000? | The plaintiff must file an ordinary civil action; the MTC will dismiss or the RTC will assume jurisdiction depending on the amount. |
| Can I raise a third‑party complaint? | No. Only compulsory counterclaims against the plaintiff are allowed. |
| What happens to interest and costs? | Judgment may include lawful interest (usually 6% p.a.) plus actual costs of suit (fees, sheriff’s expenses). |
12. Quick Timeline Recap
- Day 0 – Receipt of summons.
- Day 10 – Deadline to file Response.
- Day 30–45 (typical) – Hearing date set by court.
- Same hearing day – Settlement or judgment.
- Within 30 days of judgment – Voluntary compliance encouraged; thereafter, writ of execution may issue.
Key Takeaways
- Respond within 10 days or risk judgment by default.
- Use the prescribed Response form; attach your evidence.
- Attend and participate in the settlement conference—many cases end there.
- Judgments are final, so put your best foot forward at the initial hearing.
- Keep thorough records; proper documentation often wins (or loses) small claims cases.
Still uncertain? Visit the Office of the Clerk of Court of your local MTC for free procedural guidance, or consult the Public Attorney’s Office (PAO) for indigent assistance.