Small Claims Court (Philippines): How to File a Case, Fees, and Requirements

Updated to my latest knowledge as of June 2024. Rules do get amended from time to time, so confirm details with the Office of the Clerk of Court of the first-level court where you plan to file. This is general information, not legal advice.

What is a “small claims” case?

A small claims case is a purely civil action for the payment or reimbursement of a sum of money decided under a special, simplified procedure in the first-level courts (Metropolitan/Municipal Trial Courts and Municipal Circuit Trial Courts). It’s designed to be fast, inexpensive, and lawyer-free—the judge can decide on the same day as the hearing based mainly on documents and sworn statements.

Typical examples

Unpaid personal loans or promissory notes
Unpaid rent, utilities, or service fees
Price of goods or services delivered but not paid
Bounced checks (civil liability for the amount of the check)
Enforcement of a Barangay amicable settlement or arbitration award involving payment of money

What small claims is not for

Criminal cases (e.g., the criminal aspect of BP 22)
Claims mainly for injunctions, delivery of property, or specific performance (unless the only relief is money)
Damages that are speculative or punitive as the principal relief (moral/exemplary damages can be claimed only if they are incidental to a money claim and subject to the amount cap—see below)

Amount/jurisdictional cap

Monetary ceiling: ₱400,000 nationwide (exclusive of interest, damages of whatever kind, attorney’s fees, litigation costs, and liquidated damages). Note: That figure reflects Supreme Court amendments in effect by 2019 and still current to my latest update (June 2024). Always check if a newer cap applies in your area.

If your principal claim exceeds the cap, you cannot split it into several small claims cases.

Who may file / appear

Natural persons (Filipino or foreign) may file and must appear personally. If truly unable to appear, you may authorize a non-lawyer representative in writing (with valid ID and proof of authority).
Juridical entities (e.g., corporations, partnerships, sole proprietorships) file and appear through an authorized representative (board resolution, secretary’s certificate, or SPA).
Lawyers are not allowed to appear as counsel in small claims (unless they are the party themselves). Parties may consult a lawyer before filing, but court appearance is by the party or authorized non-lawyer representative.

Where to file (venue)

File in the first-level court that covers any of the following:

Where you (plaintiff) reside; or
Where the defendant resides; or
For businesses, where their principal office is located.

A written, exclusive venue clause in a contract is generally respected if validly agreed to.

Barangay conciliation: is it required?

Often, yes, if both parties are natural persons who actually reside in the same city/municipality and the dispute is not among the legal exceptions. If required, you must attach the Barangay “Certificate to File Action.” Not required if, among others, a party is a corporation/partnership, the parties live in different cities/municipalities, or the dispute falls under statutory exceptions (e.g., government is a party, public officer in relation to official functions, etc.).

Filing fees & possible exemptions

You pay docket/filing fees (scaled to your claim), plus small service and issuance fees. These are lower than in ordinary civil cases.
Indigent litigants may apply for fee exemption by filing an Affidavit of Indigency with supporting proof (e.g., ITR/payslip/DSWD or Barangay certificate). If granted, you won’t pay filing fees (or you may pay reduced amounts).
Government offices and certain cases mandated by law may be exempt from fees.

Ask the Clerk of Court for the current schedule and acceptable proofs for indigency.

Forms & documentary requirements

The courts provide ready-to-fill-out forms (free) at the Office of the Clerk of Court and many courts now also make them available electronically. You typically prepare:

Verified Statement of Claim (Form)
- Your complete name/address/contacts
- Defendant’s complete name/address/contacts
- Clear narration of facts (dates, amounts, what was agreed, what was paid/unpaid)
- Exact amount you claim as principal, then separately state interest, penalties, attorney’s fees, and costs (if any)
- Verification and Certification against Forum Shopping (built into the form)
Documentary evidence (attach photocopies; bring originals to hearing)
- Contracts, promissory notes, invoices, ORs, delivery receipts
- Checks (front/back), deposit slips, bank return memos
- Demand letters and proof of receipt (mail registry, courier, email read receipts)
- Barangay Certificate to File Action (if required)
- Affidavits of witnesses (if any), properly notarized
Proof of authority for representatives
- Natural person: Special Power of Attorney (if represented)
- Corporation/partnership: Board resolution/Secretary’s certificate/SPA; proof of identity of the representative
IDs and TIN (some courts ask for TIN for receipting)

Tip: Label exhibits (A, B, C…) and reference them in your Statement of Claim to make the judge’s review quick and painless.

Step-by-step: Filing to decision

Prepare & file
- Fill out the Statement of Claim form completely and verify it.
- Attach all supporting documents and affidavits.
- Pay the filing fees (or submit indigency papers).
- The Clerk of Court will docket the case and forward it to the judge.
Issuance & service of summons
- The court issues Summons with a copy of your claim and sets a hearing date.
- Service is usually by personal service, registered mail, accredited courier, or electronic means (where allowed). Many courts ask you to indicate a working email and mobile number for the parties.
Defendant’s Response
- The defendant has 10 calendar days from receipt of summons to file a verified Response (using the court form), attaching defense documents and any compulsory counterclaim (within the small claims cap and arising from the same transaction).
- No third-party complaints or cross-claims.
One-day hearing
- The court will first explore settlement. If none, it proceeds to a brief, informal hearing.
- Formal rules of evidence don’t strictly apply; the judge may ask clarificatory questions and receive affidavits/documents.
- No lawyers as counsel; the parties speak for themselves (or through duly authorized non-lawyer reps).
Decision
- The court renders judgment promptly—commonly on the same day or within a very short time after the hearing.
- The decision awards the principal and applicable interest/penalties as proven (and may award costs).
Post-judgment remedies & execution
- Appeals and motions for reconsideration/new trial are not allowed in small claims.
- The usual remedy against grave abuse is a Rule 65 petition for certiorari to the RTC within 60 days from notice of judgment (extraordinary and limited).
- Upon finality (which is usually immediate in small claims), you may file a Motion for Execution. The court issues a Writ of Execution for the sheriff to garnish bank accounts/receivables or levy on non-exempt property, consistent with Rule 39.

Prohibited pleadings & motions (common ones)

To keep cases swift, the Rules on Small Claims disallow many filings, including:

Motion to dismiss (except on lack of subject-matter jurisdiction or non-compliance with Barangay conciliation when required)
Motion for bill of particulars
Motion for new trial or reconsideration
Petition for relief from judgment
Appeal
Memoranda, reply, or position papers (unless the court specifically asks)
Third-party complaints and cross-claims
Motions for extension of time

Always rely on the court-provided forms and the judge’s directives.

Evidence: what works best

Written agreements (even texts/emails/DMs can help if they show a clear agreement)
Proof of delivery/performance (DRs, photos, GPS logs, emails)
Accounting/ledger with supporting source documents
Demand letter + proof of receipt (registered mail card, courier tracking, email read receipt)
Checks/bank records (certified copies if available)
Affidavits are preferred to live witness examination (bring affiants if the judge requires clarification)

Electronic evidence is admissible if you can establish authenticity (printouts with metadata/screenshots + explanation). Bring the original device if possible.

Interest, penalties, and attorney’s fees

You may claim contractual interest/penalties if the contract provides for them (ensure rates are not unconscionable).
If there’s no contractual rate, the court may award legal interest (from either default or judicial demand, depending on the facts).
Attorney’s fees may be awarded if stipulated or if justified by law (e.g., when you were compelled to litigate to protect your rights), but the court can reduce unreasonable amounts.

Counterclaims

The defendant may assert a compulsory counterclaim (arising from the same transaction) within the ₱400,000 cap using the Response form.
Permissive counterclaims (unrelated) are not allowed in small claims.

Non-appearance / defaults

If plaintiff fails to appear, the case may be dismissed (usually without prejudice for the first absence; repeated non-appearance can lead to dismissal with prejudice depending on the judge’s order).
If defendant fails to appear (after proper service), the court may receive plaintiff’s evidence ex parte and render judgment.

Timelines at a glance

Response: within 10 calendar days from defendant’s receipt of summons
Hearing: set quickly; case is intended to be resolved in one day
Decision: typically same day or very soon after hearing
Execution: immediate after judgment becomes final (usually right away in small claims)

Practical checklist (before you file)

□ Calculate the principal amount (is it ≤ ₱400,000?)
□ Gather all documents (contracts, checks, invoices, receipts, demand letters)
□ If needed, secure Barangay Certificate to File Action
□ Prepare Affidavits (short, factual, notarized)
□ Fill out and verify the Statement of Claim form
□ Decide venue (your residence, defendant’s, or defendant’s principal office)
□ Budget for filing fees (or prepare indigency papers)
□ List email and mobile for both parties (enable e-service notices)
□ Make 3 sets of everything (court, you, service) unless your court says otherwise

Frequently asked questions

Can I sue for the return of an item (not money)? Small claims is meant for money claims. If your main relief is return of a specific thing, that’s usually an ordinary civil action (e.g., replevin). If you can convert the claim into the item’s value, small claims may work.

What if the defendant lives far away? You can file where you live or where the defendant lives (or has principal office). Consider practical service and attendance at hearing.

Can we settle on installment terms? Yes. The court can approve a compromise agreement with payment schedules. A judgment upon compromise is immediately enforceable if breached.

What if my claim is ₱410,000? You cannot split claims to fit the cap. Either file an ordinary civil action, waive the excess to fit small claims (if you truly can), or negotiate.

Will the judge allow resets? Rarely. The design is one-day hearing. Come prepared.

Do I need a demand letter first? Not strictly required in all cases, but a demand often helps prove default, triggers interest/penalties, and sometimes avoids litigation altogether.

Common pitfalls (and how to avoid them)

Unclear amount math → Show a computation sheet (principal, payments made, balance, interest, penalties).
No proof of delivery/receipt → Use DRs, photos, courier/email logs, text confirmations.
Wrong venue → Double-check addresses and any exclusive venue clauses.
Missing Barangay certification → If required, attach it.
Illegible/unsigned forms → Print clearly, sign, and notarize affidavits.
Expecting to bring a lawyer to speak for you → You must speak (or a non-lawyer representative with proper authority).

Simple outline: Statement of Claim (what to say)

Parties & addresses (for service)
Nature of claim (e.g., unpaid loan; price of delivered goods)
Key facts with dates (agreement, delivery/performance, payments made, default, demand)
Amount due (principal only here; then state interest/penalties/fees separately)
Relief sought (sum of money + interest/penalties/attorney’s fees/costs)
Attached exhibits (A: Contract; B: Invoices; C: DRs; D: Checks; E: Demand + proof)
Verification & anti-forum shopping certification (as in the form)

After you win: collecting smartly

Ask for execution immediately.
Consider garnishment of bank accounts or employer wage garnishment (within legal limits).
Identify the debtor’s customers for garnishment of receivables.
Levy on non-exempt property if needed.
Keep receipts—sheriff’s expenses must be supported.

Final notes

The ₱400,000 cap and some mechanics are subject to change by the Supreme Court.
Many courts now permit or encourage e-filing/e-service; follow your court’s latest administrative orders.
If your situation is unusual (multiple parties, foreign elements, tricky venue or prescription), consider a quick consult with counsel before filing—then handle the hearing yourself as the rules intend.

If you’d like, tell me your scenario (amount, documents you have, where you and the other party live), and I can draft a filled-in sample Statement of Claim you can bring to the Clerk of Court.