Small Claims Court Requirements Philippines

Below is a self-contained primer on Small Claims Court in the Philippines—its legal foundation, jurisdictional limits, documentary and procedural requirements, cost and time frames, special rules, and practical tips. It is current up to the latest amendments issued by the Supreme Court as of April 11 2022 (A.M. No. 08-8-7-SC, 2022 Revised Rules on Small Claims Cases).


1. Purpose and Spirit of the Small Claims System

Small claims courts were created to give individuals and micro-entrepreneurs a speedy, inexpensive, and simplified venue to recover modest sums without the need for lawyers. Proceedings are summary, highly form-driven, and designed to reach judgment—ideally—from filing to decision within 30 calendar days.


2. Statutory / Regulatory Basis

Instrument Key Points
A.M. No. 08-8-7-SC (original 2008 Rules) First adopted Philippine small-claims framework.
A.M. No. 11-11-6-SC (2015 revision) Raised money ceiling and streamlined forms.
A.M. No. 17-11-12-SC (2018 revision) Expanded allowed claimants/defendants, introduced e-payment.
A.M. No. 19-10-20-SC (2019 revision) Integrated court-annexed mediation; clarified “interest and penalties” counting toward ceiling.
A.M. No. 08-8-7-SC (2022 Revised Rules) Current governing code. Monetary ceiling now ₱400,000 nationwide inclusive of interest, penalties, charges, and filing costs. Re-sets forms and timetables.

3. Jurisdiction and Monetary Ceiling

  • Amount: Total claim must not exceed ₱400,000 (inclusive of interest, penalties, surcharges, and costs up to filing date).
  • Venue: The Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC) or Municipal Circuit Trial Court (MCTC) where the plaintiff resides, or where the defendant resides, at plaintiff’s option.
  • Exclusive and summary: Once properly filed as a small claim, the case cannot be transferred to the regular docket unless the judge motu proprio finds it outside the rules (e.g., exceeds ceiling or involves excluded subject matter).

4. Claims that May Be Filed

Permitted Claim Typical Examples
Purely money demands arising from contract, quasi-contract, or civil liability ex-delicto Unpaid loans, promissory notes, personal checks, credit card balances, rent arrears, professional fees, warranty refunds
Personal property recovery where property value ≤ ₱400k Seized gadgets, collateral, appliances
Enforcement of Barangay settlement or amicable settlement/ arbitration award under the Katarungang Pambarangay Law Monetary settlement that a party reneged on

Prohibited: Claims for damages based on wrongful act (e.g., defamation, negligence), ejectment, annulment of contracts, probate matters, title to or possession of real property, marital status, labor disputes, claims against the estate of a deceased person.


5. Parties and Representation

Rule Highlights
Natural or juridical persons may sue or be sued (corporations, partnerships, cooperatives are expressly allowed).
Lawyers are barred from appearing, unless they are plaintiff/defendant themselves or the judge allows upon a written request to assist a relative within the fourth civil degree and the opposing party does not object.
Multiple plaintiffs/defendants permitted so long as each claim relates to same transaction and total recovery sought does not exceed ₱400,000.
Substituted representation: A duly authorized non-lawyer representative (e.g., corporate officer, credit officer) may sign and appear by special power of attorney or board resolution, using prescribed forms.

6. Preconditions Before Filing

  1. Barangay conciliation (Lupong Tagapamayapa) is mandatory if and only if all parties are natural persons and reside in the same city or municipality.
  2. Obtain a Certificate to File Action or make sure an exception applies (e.g., defendant resides elsewhere, one party is a corporation, or the claim is based on a negotiable instrument).

7. Documentary Requirements

All pleadings must be typewritten or printed on the Supreme Court-issued templates (available at the Office of the Clerk of Court and judiciary.gov.ph). Attach:

Document Details
Verified Statement of Claim (Form 1-SCC) Facts, amount claimed, computation schedule.
Certification of Non-Forum Shopping Integrated in Form 1-SCC.
Supporting Evidentiary Documents Original or certified true copies of contracts, promissory notes, invoices, demand letters, receipts, barangay certification, etc.
Special Power of Attorney / Board Resolution If suing through representative.
Photocopy of valid government ID of plaintiff.

Translations: If any document is not in English or Filipino, attach an approximation in either language.


8. Filing Fees and Cost Schedule (as of 2022)

Amount of Claim (inclusive of interest & costs) Filing Fee¹
≤ ₱20,000 ₱1,000
₱20,000.01 – 100,000 ₱2,000
₱100,000.01 – 200,000 ₱2,500
₱200,000.01 – 400,000 ₱3,500

Additional: ₱500 mediation fee (deferred if mediation not reached), ₱200 service fee per defendant, ₱50 each photocopy of summons to be served. ¹Subject to the Judiciary Development Fund (JDF) and, if applicable, legal research fee.


9. Case Flow at a Glance

  1. Filing and Docketing – Clerk of Court checks form completeness, assigns case number, issues Summons/Notice of Hearing on same day.
  2. Service of Summons – Sheriff or process server to serve within five (5) calendar days. Defendant files Response (Form 3-SCC) within ten (10) calendar days of receipt.
  3. Pre-Hearing Judicial Dispute Resolution – On hearing date, judge offers compromise; if parties settle, judgment based on compromise is rendered.
  4. One-Day Trial – If no settlement, judge conducts direct questioning (lawyers, if permitted, may not examine witnesses). Documentary evidence marked and admitted.
  5. Decision – Judge must issue written judgment on the same day; if not feasible, within 24 hours.
  6. Finality – Judgment is immediately final, executory, and unappealable. The only recourse is a special civil action for certiorari under Rule 65 to the appropriate RTC on jurisdictional or grave abuse of discretion grounds.
  7. Execution – On motion (Form 12-SCC), writ of execution issues within five (5) days unless the judgment debtor has voluntarily complied.

10. Key Procedural Prohibitions

  • No motions to dismiss (except lack of jurisdiction or improper venue); no motion for extension; no motion for new trial or reconsideration.
  • No cross-claims, counter-claims, or third-party complaints beyond the monetary ceiling.
  • Strict use of forms; non-compliant pleadings may be outright dismissed without prejudice.
  • Single postponement rule: Each party may obtain only one postponement, not exceeding seven (7) days, upon payment of ₱1,000 postponement fee.

11. Execution of Judgment

  • Garnishment of bank deposits, levy on personalty/realty, and employer wage withholding follow the same Rules of Court procedures, except that the writ is issued by the first-level court.
  • A Sheriff’s Return must be made within thirty (30) days and every thirty (30) days thereafter until fully satisfied.

12. Practical Advantages & Common Pitfalls

Advantages

  • No lawyer’s fees (unless counsel is intervening pro bono).
  • Quick resolution—normally within a month.
  • Low filing fees and fixed cost predictability.
  • User-friendly forms minimize pleading-drafting errors.

Pitfalls

  • Strict documentary sufficiency: Failure to attach every receipt or demand letter may be fatal.
  • Defendant’s non-receipt of summons will stall the case—make sure addresses are current.
  • Interest & penalty computation: Mis-computing can push the claim above ₱400k and result in dismissal.
  • Non-compliance with barangay conciliation where required is a jurisdictional defect.

13. Recent Trends and COVID-Era Adjustments

  • E-Signature and videoconference hearings are allowed when physical appearance is impossible, under OCA Circular 97-2020 and succeeding pandemic issuances.
  • E-payment of docket fees through Judiciary e-Payment Solutions is recognized; printed confirmation attaches to the case folder.
  • QR code-based forms (2022) help courts validate authenticity and checklists.

14. Checklist Before You File

  1. Does your total claim (principal + interest + charges) stay at or below ₱400,000?
  2. Have you exhausted barangay conciliation (if required) and possess a Certificate to File Action?
  3. Have you completed the correct 2022 SCC Forms 1 to 3 and sworn them before the authorized official?
  4. Are original documents on hand and photocopies attached?
  5. Is the defendant’s address accurate for prompt service?
  6. Prepared to appear personally (no lawyer) on hearing date and to discuss settlement?

15. Final Words

The Philippine small-claims system empowers individuals and micro-businesses to enforce debts and contracts swiftly, but it is unforgiving of technical lapses. Careful preparation—especially accurate documentation and observance of form—will maximize your chance of prompt judgment and collection.

Disclaimer: This article is for general information only and does not constitute legal advice. Laws and rules may change; consult the latest Supreme Court administrative matters or obtain counsel for specific situations.

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