Home Tips and Guides How to File Small Claims in the Philippines

How to File Small Claims in the Philippines

In the Philippines, there are just so many cases where individuals have financial obligations that they can no longer pay, and the ones who have lent them money are the ones left having a headache while doing everything in their power just to make the debtor pay.

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In case you are not aware, a civil case can actually be charged against the debtor and these money issues can be filed in the Small Claims Court. The rule about small claims basically pertain to the procedure by which a debtor is being asked to pay if the amount he owed is php100,000.00 or less. This is not a very formal process and it does not require the presence of lawyers.

To make it simple, this is just a legal way of asking your debtor to settle whatever they owe you. And if you need to do this now, here are the steps you can follow:

1. File the case in the city or municipality near the plaintiff. Small claims case is a civil case, therefore, you must file it in the municipality or the city that is nearest to the place where the plaintiff or the debtor is currently living. It could also be filed in the same exact city where he resides or in a place where he is conducting his business, if there is any.

2. Fill out necessary forms. There are forms that you must fill out before you can file including the Statement of Claim together with the Certification against Forum Shopping, Multiplicity of Suits and Splitting a Single Cause of Action. If you have evidences, make sure that you attach it together with the Statement of Claim, otherwise, your evidence will not be allowed during the hearing.

3. Payment of fees. This is the part where the plaintiff will be asked to pay for the legal fees, except in cases where he or she is allowed to litigate as an indigent.

4. Schedule of hearing. A hearing will be set or scheduled for both parties to attend and a representative authorized with a Special Power of Attorney will preside. The goal of the hearing is to arrive to a settlement that is agreeable to both parties, and then it will be documented. If there is no settlement, the hearing will still be terminated in the same day and 24 hours after the hearing, the court will be the one to release the decision.