If someone owes you money amounting to Two Hundred Thousand Pesos (Php200,000) or less, you may file a small claims action before the Municipal Trial Courts to collect it. The whole process is very fast (can take less than a month) and affordable (does not require a lawyer).
Below, we answer the frequently asked questions on small claims cases.
Q: What are considered small claims actions?
A: Claims for payment or reimbursement of money not exceeding Two Hundred Thousand Pesos (Php200,000.00). (Note: Effective February 1, 2016, the amount covered was increased from Php100,000.00 to Php200,000.00)
Q: What if I have claims for damages (moral, exemplary, etc.)?
A: You cannot include them in a small claims action since the Rules require that your action is "solely" for payment or reimbursement of sum of money (Sec. 5). The only class of damages you can include in your action is a claim for "liquidated damages" or amounts expressly stated in your contract to be paid in case of breach or violation of its provisions by the parties.
Q: What specific claims or demands are covered?
A: The claim or demand may be:
(a) For money owed under any of the following:
1. Contract of Lease;
2. Contract of Loan;
3. Contract of Services;
4. Contract of Sale; or
5. Contract of Mortgage;
(b) For liquidated damages arising from contracts;
(c) The enforcement of a barangay amicable settlement or an
arbitration award involving a money claim covered by this
Rule pursuant to Sec. 417 of Republic Act 7160, otherwise
known as The Local Government Code of 1991.
Q: Where do I file a small claims action?
A: You file it before the first-level courts, such as the Metropolitan Trial Court (MTC), Municipal Trial Court in Cities (MTCC), or the Municipal Circuit Trial Courts (MCTC). Since it is a civil action, you may file it before the court: (a) where you are residing; or (b) where the person you want to sue resides.
A: Just proceed to the Office of the Clerk of Court (OCC) for MTCs and ask for a small claims complaint form, known as the "Statement of Claim" or "Habla ng Pagsisingil," then fill out all the requested information therein and attach all your documents, affidavits of your witnesses and other evidence to support your claim. You may download the sample forms by clicking here. Below are sample pages from a small claims complaint form for your reference:
