Updated for the current Rules on Small Claims Cases; exact monetary ceilings and local practice can change—always check the form attached to your summons and the latest note printed on it.
1) What “Small Claims” means in the Philippines
Small claims cases are simple money claims filed in the First-Level Courts (Municipal Trial Courts/Metropolitan Trial Courts/Municipal Circuit Trial Courts). Hallmarks:
- Nature of claim: Sum of money (e.g., unpaid loans, bounced checks, goods sold and delivered, services rendered, damages from property damage), plus interest, penalties, and costs.
- Relief: Only payment of money. No injunctions, foreclosures, rescissions, or declarations of status.
- Speed & simplicity: Paper-driven, one-day hearing, decision usually on the same day of the hearing.
- Lawyers: Parties must appear personally. Lawyers generally cannot appear as counsel (they may advise you beforehand). Juridical entities appear through an authorized representative with a Board Resolution/SPA.
Monetary cap: The Supreme Court periodically updates the peso ceiling for small claims (formerly ₱200k → ₱400k/₱500k in Metro Manila → later increases). Many courts now use a ₱1,000,000 cap, but verify the exact amount printed on your summons/forms because the applicable cap depends on the current rule where and when you were sued.
2) The Summons: What it is and why it matters
A Summons formally tells you that a small claim has been filed against you and that you must file a verified Response and attend a set hearing. It will include:
- Case number and court branch
- Hearing date and time (usually set within ~30–60 days from filing)
- A blank Response (Small Claims) form
- The Statement of Claim and the plaintiff’s attachments
- Notes on deadline to respond and prohibited pleadings
Service methods may include personal service, registered mail, accredited courier, and court-authorized electronic service. Defects in service can be a defense—but don’t rely on that alone; respond anyway to avoid default.
3) Immediate timeline & deadlines (defendant’s checklist)
- Read everything the day you receive it. Note the hearing date.
- Deadline to respond: Typically 10 calendar days from receipt of summons (this period has been 10 days under the small claims rules; check the exact period printed in your summons since local practice notices can shift).
- Prepare your Response (verified) and evidence; make at least 3 sets (court, plaintiff, your file).
- File and serve your Response on or before the deadline. Keep proof of filing/service.
- Block your calendar and appear in person at the hearing with originals of your documents and ID.
Computing time: If the last day falls on a Saturday/Sunday/holiday, the due date normally moves to the next working day. For mailed/courier filings, allow transit time and keep the official registry receipt/tracking.
4) Where and how to file your Response
- Where: The same court shown on the summons. Many courts accept in-person filing at the OIC/Clerk of Court window. Some allow e-mail filing (per posted e-mail addresses) or via e-court kiosks—follow your court’s instructions.
- Service on plaintiff: Provide the plaintiff a copy via personal service, registered mail, courier, or court-allowed e-mail, then attach proof of service (e.g., registry receipt with number; courier airway bill; e-mail headers).
- No filing fee just to file a Response. Counterclaims may trigger fees depending on amount/nature unless you qualify as indigent/PAO-assisted.
5) Completing the Response (Small Claims) form
Your Response is a verified (sworn) statement—lying exposes you to perjury/contempt. Typical sections:
Caption (copied from the summons)
Your contact details (address, mobile, e-mail—keep these current for service)
Admissions/Denials: Point-by-point reply to each numbered allegation
Defenses: State ultimate facts (short, clear reasons) and attach evidence
Counterclaim (if any):
- Must also be a small claim (money only) within the peso cap
- Preferably arises from the same transaction
- Attach documents and state amount, interests, and costs
Prayer: What you want the court to do (e.g., dismiss, reduce amount, deny interest/penalties, grant counterclaim)
Verification and Certification of Non-Forum Shopping (often part of the form; sign before the court’s authorized officer or a notary if required)
Plain English/Filipino is fine; keep it concise and fact-focused.
6) Common defenses you can raise
- Payment/Partial Payment: Attach receipts, bank proofs, chat/email confirmations, ledger, official receipts.
- No cause of action: You never borrowed; goods/services weren’t delivered; wrong party sued.
- Amount is wrong: Usurious/illegal interest; unconscionable penalties; wrong computation.
- Prescription (time-bar): Claim filed beyond the legal prescriptive period for the contract/obligation.
- Forgery/Authorization issues: Disputed signatures; lack of board/SPA authority for corporate deals.
- Not a “small claim”: Relief isn’t money-only; exceeds the current cap.
- Improper venue: Plaintiff filed in the wrong city/municipality (use residence/business rules).
- Defective service of summons: Not personally/effectively served per rules—still appear to avoid default, and raise it on record.
- Set-off/Compensation: Plaintiff also owes you—plead and document.
- Abusive online lending practices: Hidden fees, opaque rollovers—challenge illegal charges and predicate facts.
Evidence wins small claims. Courts rely heavily on documents: contracts, invoices, delivery receipts, statements of account, e-mails, text messages (screenshots with numbers/time stamps), photos, call logs, demand letters, check images/RTGS slips, and government-filed IDs/permits.
7) Prohibited pleadings & motions (typical examples)
Small claims rules disallow technical pleadings to keep the process fast, such as:
- Motion to dismiss (except on very specific grounds the rules allow, e.g., lack of jurisdiction/ improper venue on the face of the complaint)
- Motion for bill of particulars
- Motion for new trial/reconsideration (in many iterations of the rules)
- Motion for extension of time to file pleadings
- Reply, rejoinder, memorandum (unless the court specifically asks)
Always check the Prohibited Pleadings list printed on your summons.
8) The hearing: what to expect
- Personal appearance is mandatory. Bring a government ID. Corporations bring Board Resolution/SPA and the representative’s ID.
- The judge will first attempt amicable settlement. If you settle, the court issues a Judgment upon Compromise.
- If no settlement, the court proceeds to a simplified, informal hearing (often under an hour).
- You’ll be asked concise questions; the judge will examine your documents.
- Decision is typically rendered on the same day after the hearing and recorded in the minutes.
If you don’t show up: you risk default—the court may decide based on the plaintiff’s evidence alone.
9) Judgment, appeal, and post-judgment
- Judgment often becomes final and executory immediately or after a very short period; appeals are generally not allowed in small claims.
- A losing party’s recourse is extremely limited (e.g., extraordinary relief like Rule 65 certiorari for grave abuse of discretion, not a re-trial on facts).
- Execution: If you lose and don’t pay, the court may issue a writ of execution—garnish bank accounts/receivables or levy non-exempt property.
10) Costs, interests, and penalties
- Courts can reduce or strike down unconscionable interest or penalties. Bring jurisprudence/clear math to support your computation.
- Filing fees: Plaintiffs pay these when filing; indigents/PAO-clients may be exempt.
- Attorney’s fees as damages require basis (e.g., stipulation or proof of bad faith); they’re not automatic.
11) Venue rules (where a small claim may be filed)
- If you are an individual: Where you or the plaintiff resides or does business, at plaintiff’s option (subject to consumer-protection venue clauses and anti-forum shopping safeguards).
- If you’re a corporation/partnership: Where you operate or maintain a principal office; contracts often contain venue stipulations—valid if not contrary to law/public policy. Unfair, oppressive venue stipulations can be challenged.
12) Special notes for common scenarios
- Online lending apps/fintech: Keep screenshots of the app flow, loan summaries, fee breakdowns, and all chat/e-mail notices. Highlight duplicate fees and rollover traps.
- OFWs/remote defendants: Ask the court (in writing) if video appearance or e-mail filings are allowed; attach passport/contract copies.
- Bounced checks: Bring bank return slips, demand letter, and proof of service; note that criminal BP 22 is separate from the civil small claim (money recovery).
- Multiple defendants: Each defendant must file a separate verified Response unless authorized to sign for all with a proper SPA/board act.
13) Evidence pack you should prepare
- Contract/IOU/PN, invoices, SOAs
- Receipts, bank proofs, GCASH/instapay screenshots, cleared check images
- Delivery receipts/waybills, acceptance reports
- Demand letters and proof of dispatch/receipt
- Messages (SMS, Viber, WhatsApp, e-mail) with visible numbers, dates, and times
- Corporate authority documents (SEC GIS, board resolution, SPA)
- Your ID and the originals of key documents
Bundle them with a Documentary Exhibit List (Exh. “1”, “2”, … with one-line descriptions).
14) Template: Response (Small Claims)
Use this as a drafting aid. Replace bracketed text. Keep it concise and attach evidence.
Republic of the Philippines
[Name of Court], [City/Municipality/Branch]
[PLAINTIFF], Small Claims Case No. [____]
Plaintiff, For: [Sum of Money]
vs.
[DEFENDANT],
Defendant.
-------------------------------------------/
VERIFIED RESPONSE (SMALL CLAIMS)
1. Personal Details
Defendant: [Full Name], of legal age, residing at [Address], mobile [____], e-mail [____].
2. Specific Responses
2.1 As to ¶1 of the Statement of Claim: [Admit/Deny/Partly Admit – brief reason].
2.2 As to ¶2: [Admit/Deny…].
[Continue point-by-point.]
3. Defenses
3.1 Payment/Partial Payment: Plaintiff’s claim is fully/partly paid. See Exhs. “1–3”.
3.2 Amount Unconscionable: Interest/penalties are excessive; recomputation at lawful rates is due.
3.3 Lack of Cause/Improper Party/Prescription/Improper Venue/[others—be brief and factual].
4. Counterclaim (if any)
Defendant asserts a small claims counterclaim of ₱[amount], arising from the same transaction,
for [e.g., unpaid services, defective goods], with interest at [rate] from [date]. See Exhs. “A–C”.
5. Prayer
WHEREFORE, Defendant prays that the Complaint be DISMISSED; or that any liability be limited
to ₱[recomputed amount] with lawful interest only; and that the Counterclaim be GRANTED,
with costs and such other relief as is just.
[City], Philippines, [Date].
[Signature over Printed Name]
Defendant
VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING
I, [Name], declare under oath that I have read this Response and that the facts stated are
true and correct based on my personal knowledge and authentic records; that I have not commenced
any action involving the same issues in any court/tribunal, and if I learn of a similar filing,
I shall report it within five (5) days.
[Signature over Printed Name]
SUBSCRIBED AND SWORN before me this [date], affiant exhibiting [ID type/number/expiry].
[Officer/Clerk/Notary details per local court instruction]
15) Practical tips to avoid pitfalls
- Meet the 10-day window. Even a bare-bones Response on time beats a late, polished one.
- Do the math. Provide a clear recomputation if you dispute the amount; add a simple table.
- Be settlement-ready. Bring a calculator and know your walk-away number.
- Mind your tone. Courts reward clarity and candor; avoid rhetoric and accusations.
- Keep proof of service. Staple your registry receipts/courier waybills/e-mail proofs to your copy.
- Bring originals. The judge may ask to see them before admitting your exhibits.
16) After you win (or settle)
- Ask for a copy of the Judgment before leaving, or confirm when/how it will be released.
- For settlements, ensure the terms are specific (amount, due dates, mode, where to pay).
- If you’re the winning defendant, keep the judgment—useful against repeat claims on the same debt.
17) When to seek help
- If your case involves complex computations, corporate chains, or overlapping criminal/civil aspects (e.g., estafa/BP 22 alongside the money claim), consult a lawyer for advice before the hearing. They cannot argue for you in court, but they can prepare your papers and coach you within the rules.
Bottom line
Respond on time, attach your proof, show up in person, and keep your arguments short and documented. Small claims are built for speed and common sense—facts on paper carry the day.