Small Claims Summons at the Municipal Trial Court: What to Do Before Your Hearing

Receiving a summons from the Municipal Trial Court (MTC) for a Small Claims case can be a jarring experience. However, the Small Claims process in the Philippines was specifically designed to be fast, inexpensive, and informal, allowing ordinary citizens to resolve money disputes without the strict technicalities of a regular civil trial.

If you have been served with a summons, or if you are the one planning to file, here is everything you need to know about the crucial steps before the hearing.


1. Understand the Scope: What is "Small Claims"?

Before acting, verify if the case actually falls under the Revised Rules of Procedure for Small Claims Cases.

  • The Amount: The claim must be for a "sum of money" not exceeding P1,000,000.00 (exclusive of interest and costs).

  • Nature of Claims: These typically include:

  • Unpaid loans or debt.

  • Breach of contract of lease or sale.

  • Damages to property (e.g., car accidents).

  • Money claims arising from services rendered (e.g., unpaid labor or professional fees).

  • No Lawyers Allowed: This is the most critical rule. Attorneys are not allowed to represent parties in the hearing. You must represent yourself.


2. If You are the Plaintiff: Filing the Case

Before a hearing is even scheduled, you must ensure your "paper trail" is airtight.

The Statement of Claim

You don't write a complex "Complaint." Instead, you fill out a standardized, "check-the-box" form called the Statement of Claim (Form 1-SCC).

Mandatory Attachments

You must attach all supporting evidence to this form. If it isn't attached, you generally cannot present it later.

  • Contracts or Receipts: Proof of the debt.
  • Demand Letter: Proof that you asked to be paid before going to court.
  • Affidavits: Sworn statements from witnesses.
  • Certificate to File Action: If the parties live in the same city/municipality, you must undergo Barangay Conciliation first. Without this certificate, the court will likely dismiss your case.

3. If You are the Defendant: The Response

Once you receive the Summons and the Statement of Claim, the clock starts ticking.

Filing the "Response"

You have ten (10) days from receipt of the summons to file a Verified Response (Form 3-SCC).

  • Don't ignore it: If you fail to file a response, the court may render judgment based solely on the facts alleged by the plaintiff.
  • Counterclaims: If the plaintiff actually owes you money, you must include that "Counterclaim" in your Response.

4. The Pre-Hearing Checklist

Whether you are the plaintiff or defendant, the weeks leading up to the hearing require tactical preparation.

Organize Your Evidence

Since the judge will decide the case quickly, usually on the same day as the hearing, your documents must be organized.

  • Originals: Bring the original copies of all your attachments for the judge to inspect.
  • Chronology: Be ready to tell your story in chronological order. Avoid emotional tangents; stick to dates, amounts, and specific actions.

Practice Your "Elevator Pitch"

The judge will ask both parties to explain their side briefly.

  • Plaintiff: "He borrowed P200,000 on [Date], promised to pay by [Date], and despite my demand letter on [Date], he has not paid."
  • Defendant: "I did not pay because the goods delivered were defective, which I informed him about on [Date]."

Prepare for Mediation

Small Claims hearings always begin with Judicial Dispute Resolution (JDR). The judge will act as a mediator to try and get both parties to reach a "Compromise Agreement."

  • Decide your "Bottom Line": Before the hearing, know the lowest amount you are willing to accept or the maximum you are willing to pay.

5. What to Bring on Hearing Day

  • Valid ID: To prove your identity to the court clerk.
  • Special Power of Attorney (SPA): If you are representing someone else (like a spouse or a relative) who cannot attend due to a valid reason. Note: The representative cannot be a lawyer.
  • The "Barangay" Records: If applicable, keep the original Katarungang Pambarangay records handy.

Important Note: In Small Claims, the court is required to decide the case within one day of the hearing. There are no appeals. The decision is final, executory, and binding.

Would you like me to draft a sample Demand Letter or explain the specific contents of the Verified Response form?

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