Small Claims Court Filing Procedure Philippines

Here’s a full, plain-English legal explainer on Small Claims Court filing procedure in the Philippines—scope, venue, forms, fees, timelines, what to expect at the hearing, evidence rules, judgments, and enforcement. This is general information, not legal advice.


What Small Claims Court is for

Small claims are purely money claims (no demand to deliver property or perform services) arising from things like:

  • Unpaid loans or promissory notes
  • Unpaid goods or services, rentals, deposits, utilities
  • Credit-card and other consumer debts
  • Checks/IOUs, damage deposits, penalties, interest, agreed liquidated damages

You cannot use small claims to ask for declarations (e.g., nullity of contract), injunctions, rescission, or to claim unliquidated damages for pain, suffering, etc. It’s about a sum of money only.

Jurisdictional cap (amount limit). The Supreme Court periodically adjusts the cap. In recent updates, it has been increased nationwide. Always check the latest rule before filing. As a practical guide, if your principal claim (not counting interest, costs, and, in many iterations of the rule, attorney’s fees) is within the latest cap, it is likely eligible for small claims.


Can you file?

Run this quick checklist:

  1. Claim is purely for money.
  2. Amount is within the current cap.
  3. Within prescriptive period (most written contracts: 10 years; oral or quasi-contract: 6 years; negotiable checks: special rules; consumer/credit accounts usually within 6–10 years).
  4. Proper venue (see below).
  5. If barangay conciliation is required, you have a Certificate to File Action (CFA).
  6. You (and the defendant) are natural or juridical persons. Corporations/partnerships may be parties (represented by an authorized non-lawyer).

Venue (where to file)

File in the Metropolitan/Municipal Trial Court (MeTC/MTC/MCTC) of:

  • Your residence (plaintiff), or
  • Defendant’s residence, or
  • Contractually agreed venue (if valid, reasonable, and not oppressive—consumer cases often ignore abusive venue clauses).

If the claim concerns a credit document with a venue clause, attach it and be ready to argue reasonableness.


Before you file

1) Demand letter (practical, often expected). Not strictly mandatory, but it shows default, can stop disputes on computation, and sometimes avoids suit. Give a short deadline (e.g., 5–10 banking days).

2) Barangay conciliation (Katarungang Pambarangay). Required if both parties are natural persons who live in the same city/municipality and the dispute is not in the law’s exceptions. If required, complete conciliation first and attach the CFA.

Not required if a party is a corporation/partnership, if parties live in different cities/municipalities, or if the dispute is excepted (e.g., government party, real-property actions, etc.).

3) Gather documents. Typical exhibits: the IOU/PN/check/contract, SOA/invoice, demand letter and proof of sending, receipts, computation of principal/interest/penalties, ID copies, and any acknowledgments from the debtor.


Forms and filings

The process is form-driven and streamlined. Courts provide Supreme Court small-claims forms; fill them completely and legibly.

A. Statement of Claim (Small Claims)

  • Identifies the parties, claim amount, factual basis, and legal cause (e.g., unpaid loan).
  • Includes a Verification and Certification Against Forum Shopping (usually baked into the form).
  • Attach all supporting documents; no trial-by-ambush—you must front-load your evidence.

B. Plaintiff’s Evidence

  • Affidavits (or Judicial Affidavits) of you and any witness.
  • Documentary exhibits: contracts, checks, receipts, screenshots of chats (print and, if possible, save to USB for inspection), billing statements, demand letter with registry slips/courier proofs.
  • Computation sheet of amounts due (principal, contractual interest, penalties, less payments). Courts appreciate a clear table.

C. Identification & authority

  • Government ID of the plaintiff (and representative).
  • If the plaintiff is a corporation/partnership, attach a Board/Partners’ Resolution or Secretary’s Certificate authorizing a named representative to appear and sign.
  • If a natural person uses a representative, attach a Special Power of Attorney (SPA).

D. Fees

  • Docket and filing fees depend on the amount claimed (small claims schedules are cheaper than ordinary civil cases).
  • You may move to litigate as indigent/paûper with the required affidavit and supporting proof (e.g., barangay certification, payslips).

Submit original + copies (court + defendant/s). Ask the clerk how many sets your court requires.


After filing: what the court does

  1. Docketing and raffle. Your case is raffled to a small-claims court branch.
  2. Pre-screening. The judge may require you to correct deficiencies (missing attachments, unclear computations).
  3. Summons. The court issues summons and sets a hearing date. Service is typically personal or substituted; many courts now also allow electronic service where practicable (check the branch’s practice).
  4. Defendant’s Response. The defendant files a Response (with evidence) within the short period set by the rules (commonly 10 calendar days from service), serving you a copy.

Prohibited pleadings usually include: motion to dismiss (except for lack of subject-matter jurisdiction, improper venue that is not waivable, or other threshold defects), motion for bill of particulars, motions for new trial/reconsideration, petitions for relief, and appeals.


The hearing (what to expect)

Small claims hearings are single-session, highly summary:

  1. Call of the case & IDs. Parties (no lawyers) check in. A party who is a lawyer may appear for himself/herself, but lawyers cannot represent other parties in small claims.

  2. Settlement first. The judge or facilitator will push for amicable settlement or compromise. If you settle, the court approves it as a judgment upon compromise (immediately executory).

  3. If no settlement: summary hearing.

    • Affidavits and documents stand as your direct testimony.
    • The judge asks clarifying questions.
    • Cross-questions may be allowed but are time-boxed.
    • Rules of evidence are relaxed; relevance and reliability still matter.
  4. Judgment—ideally on the same day or very shortly after. Small claims decisions are intended to be fast and brief.

Non-appearance pitfalls

  • If plaintiff doesn’t appear (and no representative), the case may be dismissed.
  • If defendant doesn’t appear despite proper service, the court typically allows the plaintiff to present evidence ex parte and may render judgment.

What the judgment looks like

A small-claims judgment states the amount due (principal + contractual interest/penalties if proven), costs, and the manner of payment (lump-sum or installment if agreed). It can also dismiss the claim (e.g., failure of proof, lack of jurisdiction).

Finality and remedies

  • Small claims judgments are final, executory, and unappealable.
  • No motion for reconsideration or new trial.
  • The only potential recourse is an extraordinary petition (certiorari) to challenge grave abuse of discretion—that’s not a routine appeal and has strict standards.

After you win: enforcing the judgment

If the debtor doesn’t pay immediately, file a Motion for Execution. Typical enforcement tools under the Rules of Court:

  • Garnishment of bank deposits and receivables (serve writ on banks or payors).
  • Levy on personal/real property (sheriff’s sale).
  • Examination of judgment obligor (a post-judgment hearing where the debtor is examined under oath about assets; court may order installment payments).
  • Contempt for disobeying court orders (e.g., refusing to appear at examination).

Keep copies of IDs, bank info (if known), employers’ details, and any leads on assets to help the sheriff.


Defenses you might face (and how they’re handled)

  • Payment/partial payment → produce receipts/transfer proofs; your computation must credit payments.
  • No privity (wrong defendant) → be ready with the executed contract, check issuer/indorser links, or assignment documents.
  • Forgery/signature denial → ask the court to compare signatures and consider circumstantial evidence (delivery of goods, benefit conferred).
  • Usury/illegal interest → courts may reduce unconscionable interest/penalties to reasonable rates.
  • Prescription → know your dates; attach demand letter to show interruption or acknowledgment.
  • Improper venue / lack of barangay conciliation → show venue choice and/or attach the CFA or explain why conciliation is not required.

Joinder, counterclaims, and multiple defendants

  • You may join related small claims against the same defendant if each is a money claim within the cap; courts prefer simple, single-transaction cases.
  • Counterclaims are allowed if also small claims-type and within the cap; otherwise they are usually dismissed without prejudice.
  • Third-party complaints and complicated joinders are generally not allowed—keep it simple.

Evidence tips that win small claims

  • Front-load everything with the Statement of Claim.
  • Number your exhibits (A, B, C…) and tag them in your narrative (“See Exh. B: Promissory Note dated 3 March 2023”).
  • Computation table: start with principal, then contractual interest (show rate clause), penalties, less payments, running total to filing date.
  • Authenticate screenshots (identify device, app, parties, and dates; print with metadata if possible).
  • Bring two valid IDs and, if representing someone, the SPA or corporate authority.

Costs and fees (orientation guide)

  • Filing/docket fees: scaled to the claim amount; lower than ordinary civil cases.
  • Sheriff’s fees for service/execution apply.
  • Attorney’s fees as damages require legal/contractual basis (you cannot be represented by a lawyer in the hearing, but a contractual attorney’s-fees clause may still be awarded if proven reasonable).
  • Indigent parties may be allowed to litigate without fees upon court approval.

Timeline snapshot (typical)

  1. File Statement of Claim + evidence → pay/waive fees
  2. Summons issued and hearing set
  3. Defendant’s Response (about 10 days from service)
  4. One-day hearing (settlement first; if none, summary reception of evidence)
  5. Judgment (often same day) → final & executory
  6. Execution (if unpaid)

Local practice varies slightly by branch. The core promise: speed, simplicity, and finality.


Common mistakes (and how to avoid them)

  • Wrong venue / missing barangay CFA → check venue rules; get the CFA when required.
  • Claim mixes non-money relief (e.g., asks for return of an item) → file a regular civil case instead or split claims properly.
  • Exceeding the cap → abandon the excess in the same filing (state you’re waiving anything beyond the cap) or file an ordinary case.
  • Thin evidence → attach the signed contract/IOU, proof of delivery/benefit, and clear computation.
  • No defendant address → small claims needs service; do skip-trace before filing.
  • Using a lawyer to “appear” → not allowed; prepare to speak for yourself or authorize a non-lawyer representative.

Quick filing checklist (tear-off)

  • Correct venue chosen
  • Within cap (principal claim)
  • Within prescription
  • Barangay CFA attached (if required)
  • Statement of Claim (complete, verified)
  • Affidavits/Judicial Affidavits
  • Exhibits (contract, SOA, receipts, demand, computation)
  • IDs and SPA/Corporate authority (if applicable)
  • Filing fees (or indigency motion)
  • Extra sets for court and defendant/s

Bottom line

Small Claims Court is designed to let you recover small sums quicklyno lawyers, one hearing, final decision. Nail the essentials: right venue, cap-compliant amount, front-loaded evidence, complete forms, and a clean computation. If you win and the debtor won’t pay, move for execution right away and use garnishment/levy/examination to collect.

Note on the cap: The Supreme Court has raised the ceiling in recent amendments (nationwide). Because it is periodically updated, verify the current peso limit with the latest Small Claims Rules at your court’s clerk’s office before filing.

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