Small Claims Court in the Philippines (₱60,000): Summons & Hearing Procedure
(Updated to June 24 2025; reflects the Rules on Small Claims Cases under A.M. No. 08-8-7-SC and later amendments)
1. What Counts as a “Small Claim” at ₱60,000
| Item | Rule | Practical Take-away |
|---|---|---|
| Monetary ceiling | As of April 11 2022 the limit is ₱400,000. A ₱60,000 claim is therefore well within jurisdiction. | Your ₱60 k case may always be filed as a small claim, but you may still choose the ordinary civil track if strategy dictates. |
| Nature of claim | Purely money claims: loans, services, rentals, damages, deposits, or enforcement of a Barangay-mediated settlement (KB). | If you want possession of property, an injunction, or recognition of rights, you must use another remedy. |
| Parties | Natural persons, sole proprietors, and juridical entities authorized by board resolution. | A corporation must attach a board resolution or secretary’s certificate naming the representative. |
| Geographic venue | Where the plaintiff resides, the defendant resides, or where the transaction occurred—plaintiff’s choice (Rule 4, Sec. 1). | When defendant is an overseas Filipino worker or foreigner, file where the money obligation was supposed to be performed. |
Tip: The Local Government Code still requires Barangay conciliation if the parties live in the same city/municipality and none is a corporation. Bring the Certificate to Court or the case will be dismissed.
2. Key Filings & Fees
| Step | Form (Official Template) | Cost/Deadline |
|---|---|---|
| Statement of Claim (SoC) | Form 1-SCC | Filing fee: ₱2,000 for a ₱60 k claim (as of OCA Cir. 194-2022) + ₱500 mediation fee. |
| Verification & Certification | Built into Form 1-SCC | Signed by plaintiff; no notarization needed. |
| Supporting docs | Contracts, receipts, demand letters, proof of interest/penalties, Barangay Certificate (if any). | Attach photocopies plus an extra set for the Court. |
| Summons issued | Form 2-SCC | Clerk of Court prepares within 24 h of raffling. |
| Response | Form 3-SCC (Response) | Defendant must file within 10 calendar days of service of summons (no extensions). |
3. How the Summons Is Served
Preparation – Clerk of Court completes Form 2-SCC, indicating the exact hearing date chosen by the Judge (within 30 days from raffle).
Modes of service (Rule 6, Sec. 1):
- Personal by sheriff/process server
- Registered mail with return card
- Accredited courier (e.g., LBC, JRS)
- Electronic mail or mobile messaging if the plaintiff provides the defendant’s verified e-address/number
Proof of service must be attached to the record (registry receipt, affidavit, or server’s return).
Failure of service → Clerk resets hearing once and re-serves; if still unsuccessful, court may order service by publication at plaintiff’s cost or dismiss without prejudice.
4. Defendant’s Options Upon Receipt
| Option | Effect |
|---|---|
| Pay in full before hearing | File Joint Motion to Dismiss; court issues order of dismissal with prejudice. |
| File Response (Form 3-SCC) | Raise defenses, attach own documents, and optionally assert a counterclaim ≦ ₱400 k. |
| Do nothing | Court proceeds ex parte; judgment based solely on plaintiff’s evidence. |
5. One-Day Hearing Blueprint
The small-claims hearing is deliberately compressed and lawyer-free (unless the lawyer is the party-litigant).
Rule of thumb: From first calling of the case to promulgation of judgment, everything should finish in a single session.
Call of the docket – Judge checks identities & capacity to sue/defend.
Initial settlement talk – Judge acts as mediator; if compromise is reached, a Decision based on Compromise is issued and immediately enforceable.
Failure of settlement → summary hearing
- Parties present sworn statements & documents.
- Cross-examination is not allowed; Judge asks clarificatory questions.
- No memoranda, position papers, or motions to postpone.
Submission for decision – Court rules within 24 hours (Rule 12).
Contents of decision (Form 12-SCC): facts found, amount due, interest, costs, and period to comply (usually 15 days).
6. Judgment, Finality, & Execution
| Stage | Timeline | What Happens |
|---|---|---|
| Promulgation | Immediately or within 24 h after hearing | Decision handed in open court; copies served personally or by mail. |
| Final & executory | 15 calendar days from receipt; no appeal allowed. | Losing party may only file a motion to vacate for clerical error within 5 days (rare). |
| Writ of execution | Available after 5 days from finality if judgment remains unsatisfied. | Sheriff levies personal property first, then realty, or garnishes bank deposits. |
7. Frequently Asked Questions (FAQ)
Q1: May I bring a lawyer to help me in the hearing?
Only if you are also a lawyer or the adverse party agrees and the court approves. Otherwise, lawyers must sit in the gallery.
Q2: The defendant lives abroad; can I still use small claims?
Yes. Serve summons at last known Philippine address and via verified e-mail. Venue lies where the obligation was to be performed.
Q3: What if the ₱60 k debt includes interest that might exceed ₱400 k by the time of judgment?
Jurisdiction is reckoned at filing. If the principal + projected interest ≤ ₱400 k then, small claims is proper; accrued interest beyond the ceiling may still be awarded.
Q4: Can I impose attorney’s fees?
Yes, if stipulated in the contract or justified under Art. 2208 of the Civil Code, but the amount must also keep the total award ≤ ₱400 k.
Q5: Is partial payment a ground to delay the hearing?
No. The case proceeds unless full satisfaction is shown and the parties file a dismissal.
8. Best-Practice Checklist for a ₱60 k Claim
- Pre-file demand letter (not required but useful to show default & interest accrual).
- Barangay katarungang pambarangay (KP): obtain a Certificate to File Action unless the parties or subject matter is exempt.
- Photocopy everything twice; bring originals for comparison.
- Prepare a simple timeline; Judges appreciate clarity in a paper-heavy docket.
- Calculate interest using Bangko Sentral rates (or contract rate) up to filing date; from filing to judgment, legal interest applies unless contract says otherwise.
- Arrive early on hearing day; failure to appear without valid excuse dismisses the complaint with prejudice (Rule 10, Sec. 6).
9. Evolution of the Monetary Ceiling (Perspective)
| Date | Circular / Resolution | Ceiling |
|---|---|---|
| Oct 1 2008 | A.M. 08-8-7-SC (orig.) | ₱100,000 |
| Feb 1 2015 | A.M. 08-8-7-SC (3rd amend.) | ₱200,000 |
| Apr 11 2022 | OCA Cir. 65-2022 & 194-2022 | ₱400,000 (current) |
Thus, a ₱60 k dispute will remain in small claims jurisdiction for the foreseeable future.
10. Take-Home Summary
For a ₱60,000 money dispute, the Philippine Small Claims Court offers a streamlined, lawyer-light, single-day process:
- File SoC + pay fees → Clerk issues Summons within 24 h.
- Defendant has 10 days to respond.
- Hearing must be set within 30 days of raffle; mediation and trial occur the same day.
- Decision is rendered within 24 h; final in 15 days, no appeal.
- Execution may issue 5 days after finality if the debtor remains obstinate.
Handle your paperwork meticulously, show up on the hearing date, and a ₱60,000 claim can be resolved in under two months from filing to cash-in-hand.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a Philippine lawyer or the court clerk for case-specific guidance.