Small Claims Case in the Philippines: Filing Requirements and the ₱135,000 Limit

Small claims court is designed to give people and small businesses a fast, inexpensive, lawyer-free way to recover sums of money. This article explains—end-to-end—how Philippine small claims work, assuming a monetary cap of ₱135,000. (The Supreme Court periodically adjusts the cap by administrative issuance; the discussion below takes ₱135,000 as the operative ceiling for illustration.)

1) What counts as a “small claim”

A small claim is a purely civil action for a sum of money not exceeding ₱135,000 (exclusive of court costs; see “Computation” below), typically arising from:

Loans or credit (promissory notes, IOUs, cash advances)
Sales or services (unpaid invoices, down payments, COD transactions)
Rent/lease receivables or utility arrears
Bounced checks (purely civil recovery of the amount/value)
Property damage causing actual/repair costs (e.g., minor vehicular damage)

Not allowed in small claims:

Criminal cases or the civil aspect of crimes filed with a criminal action
Family law, labor, probate/estate, admiralty, land title/ownership issues
Claims asking for injunctions, declaratory relief, or non-monetary orders
Claims for moral, exemplary, or other non-actual damages as the main relief

2) Where to file (venue & proper court)

File in the first-level courts:

MeTC (Metro Manila), MTCC (cities), MTC/MCTC (municipalities)

Venue rules (pick any that applies and avoids inconvenience/oppression):

Where the plaintiff resides
Where the defendant resides
Where the cause of action arose (e.g., where goods were delivered, loan payable)

If the parties are natural persons living in the same city/municipality, check if barangay conciliation is required before filing (see §4).

3) Who may appear (no-lawyer hearings)

Parties appear personally. Lawyers cannot appear as advocates in the hearing (they may advise you before the hearing).
Sole proprietors and partnerships/corporations may appear through an authorized representative carrying a Special Power of Attorney (SPA) or board/partnership resolution (often evidenced by a Secretary’s Certificate).

4) Barangay conciliation (pre-filing, if required)

Under the Katarungang Pambarangay Law, prior conciliation/mediation before the Punong Barangay/Lupong Tagapamayapa is a condition for filing when:

Both parties are natural persons who reside in the same city/municipality; and
No statutory exception applies.

Not required if any party is a juridical entity (e.g., corporation), the dispute falls under a legal exception, or the parties live in different cities/municipalities. If required and it fails, secure a Certificate to File Action (CFA) and attach it to your case.

5) Filing requirements (documents & forms)

Prepare a concise, documentary-backed claim. Courts use standard small-claims forms; you typically submit:

Verified Statement of Claim (Form)
- Names/addresses of parties, amount claimed, brief facts, and relief sought
- Attach a detailed computation of the amount (see §7)
Supporting evidence (attach photocopies; bring originals to the hearing)
- Contracts, invoices, delivery receipts, promissory notes, bounced checks & bank return memos, text/email printouts, photos of damaged property & repair estimates/receipts
- Demand letter with proof of service/receipt (registered mail, courier, email acknowledgment, messaging screenshot with timestamps)
- Barangay CFA (if required)
Affidavits of you and any witness (sworn statements, ideally following the Judicial Affidavit format—clear, numbered answers)
Government ID of the claimant (and of the representative, if any, plus SPA or corporate resolution/Secretary’s Certificate)
Filing fees (docket and sheriff/process server fees)
- Pay at the court cashier. If you cannot afford fees, request to litigate as an indigent (file an application with proof of income).

6) After filing: summons, response, and hearing

Summons issuance & service. The court promptly issues summons. Service is typically by sheriff/process server or registered mail (other modes possible).
Defendant’s Response (often within 10 calendar days from receipt of summons):
- Must be verified and attach supporting documents/affidavits.
- Counterclaims (if any) must be compulsory and within ₱135,000, otherwise they cannot be heard in small claims (a separate action is needed).
One-day hearing (set expeditiously, often within about a month):
- The judge may first attempt a brief settlement/mediation.
- If no settlement, the court holds a summary, informal hearing. Strict technical rules of evidence do not apply; the judge receives relevant, trustworthy proof.
Non-appearance:
- If the plaintiff unjustifiably fails to appear → dismissal without prejudice (the court may allow refiling).
- If the defendant fails to appear or respond → the court may render judgment by default based on the plaintiff’s submissions.
Judgment:
- Typically rendered on the same day after the hearing (or very shortly thereafter).
- The decision in small claims is final, executory, and unappealable. The usual remedy against grave abuse is a Rule 65 petition (certiorari), which does not stay execution unless a higher court orders otherwise.

7) The ₱135,000 limit: what’s included in the cap?

The cap applies to the principal claim (the money you say is owed).
Interest, penalties, attorney’s fees, and litigation costs are generally treated separately and may be awarded on top if proved and reasonable, even if the combined total exceeds ₱135,000.
If your principal exceeds ₱135,000, you cannot split it into multiple small claims to fit the cap (that’s splitting a cause of action, which is prohibited). File a regular civil case instead.

Quick check examples

Example A (within cap): Principal ₱120,000 + interest/penalties/fees (any proven, reasonable amounts) → Small claim allowed.
Example B (over cap): Principal ₱150,000 (even if you “waive” ₱15,001) → Courts may treat this as improper splitting/waiver to fit the cap. File as a regular civil case.

8) Prohibited pleadings and common pitfalls

Generally not allowed in small claims:

Motions to dismiss (except on very limited grounds like lack of subject-matter jurisdiction)
Motions for bill of particulars
Motions for extension of time
Motions to postpone (except for compelling reasons)
Memoranda or lengthy position papers
Third-party complaints and cross-claims
Discovery (interrogatories, depositions) as a matter of course

Practical pitfalls to avoid

Filing without proof of demand or proof of obligation
Suing in the wrong venue
Ignoring barangay conciliation when required
Failing to authenticate screenshots or to bring originals of documents to the hearing
Overclaiming attorney’s fees/penalties without contractual or legal basis

9) Costs, timelines, and speed

Costs: Regular docket fees and service/sheriff’s fees apply and scale with the claim. Indigent litigants may seek fee relief.
Timelines: Small claims are designed for speed—quick issuance of summons, prompt hearing, and same-day judgment where feasible. Actual schedules vary by court load and service of summons.

10) Enforcement (if you win)

A small-claims judgment is final and immediately enforceable on motion:

Writ of execution: sheriff may levy on the debtor’s non-exempt personal/real property or garnish bank deposits/receivables.
Examination of judgment obligor: the court can require the debtor to disclose assets/income.
Installment/payment plans: parties may agree in court, with consent judgment terms.
Satisfaction of judgment: once paid, the court records satisfaction; ask for a certificate for your records.

11) Special situations

Multiple defendants: Allowed; ensure proper venue and service for each.
Counterclaims: Must be compulsory and ≤ ₱135,000; otherwise, file separately.
Assignments of credit: The assignee may sue if the assignment document is attached and validly notified to the debtor.
Businesses as parties: Appear via authorized representative with SPA/board resolution/Secretary’s Certificate and valid ID.
Evidence from phones/emails: Provide printouts with timestamps, explain the sender/recipient identities, and bring the device if authenticity is challenged.

12) Step-by-step checklist (printable)

Assess your claim: principal ≤ ₱135,000; purely sum of money
Demand payment in writing; keep proof of service
Barangay conciliation (if required); secure CFA if unsettled
Prepare forms: Verified Statement of Claim + computation
Attach evidence: contracts, receipts, checks/memos, photos, affidavits, ID
File in the proper first-level court; pay fees or apply as indigent
Track summons service; note the defendant’s response window
Attend one-day hearing; bring originals and be concise
Receive judgment; if favorable, move for execution if unpaid
Record satisfaction once fully paid

13) Frequently asked questions

Q: Can I hire a lawyer to speak for me in court? A: No. Parties appear personally. A lawyer may prepare your papers and coach you, but cannot argue for you at the small-claims hearing.

Q: What if the defendant ignores the case? A: The court may issue a default judgment based on your evidence.

Q: Can I appeal the decision? A: No appeal is allowed. The decision is final and executory. Only an extraordinary remedy (e.g., Rule 65) may be pursued in rare cases of grave abuse.

Q: My claim is ₱140,000. Can I file for ₱135,000 and sue the rest later? A: No. You cannot split a single cause of action. File a regular civil case instead.

Q: Can I include interest and attorney’s fees? A: Yes, if contract or law supports them and you prove them. The ₱135,000 cap ordinarily refers to the principal.

14) Smart prep tips

Tell a tight story. In your Statement of Claim, use short paragraphs and attach proofs beside each fact you assert.
Compute clearly. Show principal, interest rate, period covered, and running total.
Bring originals. Judges often ask to compare your originals with the copies.
Be settlement-ready. Have a payment plan you would accept; many small claims end in a consent judgment that is enforceable if the debtor defaults.

Bottom line

If your matter is a straight money claim of ₱135,000 or less, small claims court offers a swift, inexpensive path to judgment—and, if needed, to execution. Prepare clean documents, follow venue and barangay rules, appear personally, and focus on clear, documentary proof.