Having troubles collecting rent, reimbursements, liquidated damages arising from a contract, or payment of debt or loan? Were you not paid for a service performed or a thing sold? Or are you simply having trouble in the enforcement of a money claim pursuant to a barangay amicable settlement? The proper recourse would be to seek redress from the courts of justice, but as we all know, such procedure may entail considerable time and resources.
Knowing the need for a simplified and expeditious remedy to address the afore-stated matters for being merely meager in nature and taking into consideration the rigorous processes usually related to filing a case in court, the Supreme Court of the Philippines promulgated A.M. No. 08-8-7-SC or the 2016 Revised Rules of Procedure for Small Claims Cases (“Rules”) made effective on 01 February 2016.
The said Rules is indeed very useful especially to those who may not have much to spare in securing a counsel and other expenses entailed in filing of a regular civil case in court. It provides an expeditious and very simple solution to address payments or reimbursements of sum of money which are purely civil in nature without delving into a very complex and often expensive full-blown litigation. The amount though is subject to an established threshold of One Million Pesos (Php 1,000,000.00), exclusive of interest and costs and which may be filed before the first level courts such as the Metropolitan Trial Courts, Metropolitan Trial Courts in the Cities, Municipal Trial Courts or Municipal Circuit Trial Courts having jurisdiction over the place where any of the parties reside, at the option of the complainant or the person filing the case.
In general, Small Claims cases covers for money owed under any contracts of lease, loan, services, sale or mortgages. Small claims cases also covers for the demand or recovery of liquidated damages arising from contracts and the enforcement of a barangay amicable settlement or an arbitration award involving a money claim not exceeding the above-stated amount.
The procedure usually starts with the filing of a Statement of Claims with Verification and Certificate of Non-Forum Shopping, a ready-made form which can be secured with the Office of the Clerk of Court, plus the necessary documents such as, but not limited to, an Affidavit of Claim, a copy of the contract, “Kasunduan” before the barangay, acknowledgment receipt, demand letter, statement of account, affidavits of witness/es and a Certificate to File Action, whichever is applicable.
As soon as the required documents are filed and payment of the proper docket and other legal fees have been made before the Office of the Clerk of Court, summons shall be issued to the parties, specially the defendant who shall be instructed to submit a verified response. The service of summons is even made simpler under the Rules as the summons may be served electronically by email, phone or messaging applications. Also, the plaintiff himself/herself may be allowed by the court to serve summons personally to the defendant if the said summons is returned unserved by the court sheriff or any other court officer. After the service of summons to the defendant is made, the court shall issue a notice of hearing to the parties directing them to appear before it on a specified time and date for a one-time hearing.
During the stated hearing, the respective parties’ positions will be heard and the presiding judge shall render a final, executory and unappealable judgement. It is important to note, that lawyers are not allowed to represent any party in a Small Claims case.
This article is meant to be merely informative and does not in any way constitute a legal advice. It is always best to consult a lawyer for matters relating to your rights and other legal concerns as to better protect your interests especially in this case, lawyers may still assist in the preparation of filing a Small Claims case or the execution of an award as a result thereof.
