Sample Affidavit for Small Claims Court (Philippines): A Complete Guide
Small claims cases in the Philippines are designed to be fast, simple, and lawyer-free. Affidavits play a central role because the court primarily relies on written, sworn statements and documents rather than lengthy witness examinations. This article explains what an affidavit is, when you need one, who may execute it, how to format and notarize it, evidentiary tips and pitfalls, and provides a polished, plug-and-play sample affidavit tailored for Philippine small claims practice.
1) What is an affidavit?
An affidavit is a written, sworn narrative of facts based on the affiant’s personal knowledge. In small claims, affidavits function as direct testimony on paper. They are commonly attached to:
- the Statement of Claim (Form 1-SCC) and its annexes,
- the Response (Form 3-SCC),
- supporting evidence (e.g., Affidavit of the Creditor, Affidavit of Loss/Delivery/Receipt, Affidavit of Payments Made, Affidavit of Service/Non-Service of Demand, etc.).
Affidavits in small claims are usually signed under a jurat (sworn before an administering officer) rather than an acknowledgment.
2) When do you need an affidavit in small claims?
- To prove the debt/obligation: e.g., goods sold and delivered, unpaid services, loans, rentals, deposits, warranties, damages to property, etc.
- To authenticate documents: e.g., Affidavit identifying attached invoices, ORs, statements of account, promissory notes, demand letters, delivery receipts, text/email printouts.
- To explain computations: interests, penalties, partial payments, and the net amount claimed.
- To establish compliance: prior written demand, when and how it was sent/received, and the debtor’s non-payment.
3) Key legal characteristics (in practice)
- Personal knowledge only: Stick to facts the affiant personally saw, did, or handled (no hearsay).
- Relevance and specificity: Tie each fact to a supporting document (mark annexes).
- Jurats, not acknowledgments: Small claims evidence is testimonial in character; use a jurat unless a document specifically requires acknowledgment.
- Language: English or Filipino is standard. If in a local dialect or if the affiant does not understand the affidavit’s language, include a translation or interpreter’s jurat.
- Business records: A records custodian (for a business, cooperative, or corporation) may execute an affidavit to identify and explain regularly kept records.
- No lawyers needed: Parties ordinarily appear without counsel. The affidavit should therefore be clear and self-contained.
Note on monetary threshold: The small claims jurisdictional ceiling has been amended over time. Always confirm the current peso limit before filing and ensure your claim (exclusive of interests, damages, and costs, unless otherwise provided by the latest rule) falls within the threshold.
4) Contents checklist (what the judge expects to “see” fast)
Affiant’s identity: full name, age, citizenship, civil status, address, and role (creditor, accountant, operations staff, etc.).
Competence: how the affiant personally knows the facts (e.g., handled the transaction, issued invoices, delivered goods).
Clear storyline:
- The agreement/transaction (what, when, where, how much).
- Deliveries or services actually performed (dates, DR/JO numbers).
- Payments made (if any), partial credits, and running balance.
- Demand made (date, method—registered mail, courier, personal service, email/SMS—and proof).
- Default and amount now due as of a specific date, plus how interest/penalty is computed.
Annex mapping: identify each attached document by Annex letter and brief description.
Prayer: brief statement that the affidavit is offered as evidence in the small claims case.
Jurat block: proper notarization or swearing before the authorized officer.
5) Formatting & labeling best practices
- Use letter (8.5"×11"), 1.5 spacing, readable font (11–12 pt).
- Paginate and label annexes consecutively: Annex “A”: Sales Invoice No. 10234 dated 05 May 2025, Annex “B”: Delivery Receipt No. 7789, etc.
- Put a short caption matching the small claims case (e.g., [Name] v. [Name], SCC No. ___ (if known)).
- On each annex, place a document stamp/initials (optional but neat), and, where helpful, highlight the amount, dates, or signatures.
- For email/SMS screenshots, include metadata (email headers, timestamps, phone numbers) and explain in the affidavit how you exported/printed them.
6) Notarization & swearing
- Sign in front of a notary public, clerk of court, judge, or other authorized officer.
- Bring government ID; the officer will verify identity and administer the oath (jurat).
- If the affiant cannot personally appear (e.g., abroad), consider Consular notarization or a Special Power of Attorney (SPA) authorizing a records custodian to testify to business records (the SPA itself is an annex).
7) Evidentiary tips & common pitfalls
Do:
- State dates precisely and keep a consistent timeline.
- Explain how the amount due was computed; attach a running statement of account.
- Show that a demand was sent and received (registry receipts, tracking printouts, signed receiving copy, or email delivery/read logs).
- For corporate parties, attach proof of authority (e.g., Secretary’s Certificate, Board Resolution, SPA).
Don’t:
- Use conclusions (“He is dishonest”) instead of facts (“He issued Post-Dated Check No. ___ dated ___ which was dishonored for ‘DAIF’ on ___”).
- Rely on hearsay (“My coworker told me …”).
- Leave unexplained gaps between delivery and demand, or between partial payment and current balance.
8) Data privacy & sensitive information
- Redact or truncate full account numbers, excessive personal data, and confidential pricing if not necessary to prove the claim.
- If attaching customer data, limit to what is proportionate (e.g., name, address, transaction IDs, due amounts, dates).
9) Sample Affidavit (Philippine Small Claims)
Use this as a template. Replace bracketed text and delete any inapplicable parts. Keep annex labels consistent across your filing.
REPUBLIC OF THE PHILIPPINES )
___________________________ ) S.S.
AFFIDAVIT
I, [FULL NAME], of legal age, [citizenship], [civil status], with address at
[unit/floor, building, street, barangay, city/municipality, province, ZIP],
after having been duly sworn in accordance with law, depose and state:
1. I am the [creditor / authorized representative and records custodian of
(Name of Business/Corporation)], and I have personal knowledge of the facts
stated herein by reason of my functions and participation in the subject
transactions.
2. On [date], [Debtor’s Full Name/Business] (the “Debtor”) obtained from me/us
[describe agreement: loan of ₱[amount]; sale of [goods] worth ₱[amount];
services for [project] at ₱[amount], per [Contract/Quotation/PO] dated [date]].
A copy of the [Contract/PO/Quotation/Promissory Note] is attached as Annex “A”.
3. Pursuant thereto, I/we [delivered the goods/rendered the services] on:
[list dates]. Copies of [Sales Invoices/Delivery Receipts/Job Orders/Work
Completion Reports] are attached as Annexes “B” to “B-[n]”.
4. The Debtor made the following payments/credits (if any):
[dates and amounts], totaling ₱[sum]. Copies of [ORs/deposit slips] are
attached as Annex “C”.
5. After applying payments and credits, the **outstanding principal** is
₱[amount]. Under our agreement/invoice terms, **[interest/late charge]** of
[rate, e.g., 2% per month] applies from [date] until full payment. A
computation sheet as of **[mm dd, yyyy]** is attached as Annex “D”. The
**total amount due** as of that date is ₱[total].
6. On [mm dd, yyyy], I/we demanded payment from the Debtor by
[registered mail/courier/email/personal service]. Attached are:
(a) Demand Letter dated [mm dd, yyyy] (Annex “E”);
(b) [Registry Receipt/Tracking Printout/Email printout with headers] (Annex “F”);
(c) [Signed receiving copy/Delivery confirmation/email read receipt] (Annex “G”).
7. Despite demand, the Debtor failed and refused to pay. As of today, the
outstanding amount remains **₱[updated total]**, plus continuing
[interest/penalty] per Annex “D”.
8. I am executing this Affidavit to attest to the foregoing facts and to
submit the annexed documents as my direct testimony in support of my
[Statement of Claim/Response] in **Small Claims Case** [SCC No., if known]
before the [Name of Trial Court/Station], and for whatever legal purpose it
may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this [mm dd, yyyy] at
[City/Municipality], Philippines.
______________________________
[AFFIANT’S PRINTED NAME]
SUBSCRIBED AND SWORN to before me this [mm dd, yyyy] at [City/Municipality],
Philippines. Affiant exhibited to me a government-issued ID:
[Type of ID and No.], issued on [date] at [place].
______________________________
[Name and Commission of Notary Public/
Authorized Administering Officer]
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.Optional attachments (annex map you can copy):
- Annex “A” – Contract/PO/Quotation/Promissory Note
- Annex “B” series – Sales Invoices/Delivery Receipts/Work Orders
- Annex “C” – Official Receipts/Proof of partial payments
- Annex “D” – Computation Sheet (principal, interest, penalties, less payments)
- Annex “E” – Demand Letter
- Annex “F” – Registry/Courier/Email transmission proof
- Annex “G” – Proof of receipt/read confirmation
- Annex “H” – Authority documents (SPA/Secretary’s Certificate), if applicable
10) Practical filing notes (Small Claims flow)
- Prepare your Statement of Claim (or Response) and annexes with the affidavit(s).
- Compute the amount due as of a fixed date; keep the math transparent.
- File with the proper court (venue generally where the plaintiff or defendant resides or the cause of action arose—check the latest rule for exact venue options).
- Bring originals on hearing day for comparison (the court may ask to see them).
- Be ready to explain your computation and annexes briefly and clearly.
11) Variations you may need
- Affidavit of Loss / Non-Delivery / Defective Goods (to explain why replacement or refund is sought).
- Affidavit of Good Faith & No Splitting of Causes (assuring you didn’t split one big claim into several small ones).
- Affidavit of Service (if you, not the court, served copies of filings).
- Affidavit by Records Custodian (for corporate/bank/co-op records).
- Interpreter’s Affidavit/Jurat (if affiant does not understand the affidavit’s language).
12) Quick QA checklist before you sign
- Are all dates consistent and in chronological order?
- Do annex labels in the affidavit match the actual attachments?
- Is the amount due supported by a clear computation sheet?
- Is there proof of demand and receipt?
- Did you remove conclusions/opinions and keep to facts?
- Is the jurat block complete (place, date, ID details, officer’s name/commission)?
Final word
A small claims affidavit should read like a crisp, documentary story: short sentences, dated events, and labeled annexes that prove each step. If you keep it factual, complete, and easy to audit, you supply the judge everything needed to decide quickly.