Filing a ₱13,000 Small-Claims Case in the Philippines
(Updated to the 2022 Rules on Expedited Procedures in First-Level Courts)
1. What counts as a “small claim”?
A small-claims action is a purely civil case for the payment or reimbursement of money not exceeding ₱1 million, exclusive of interest, damages, attorney’s fees and costs under A.M. No. 08-8-7-SC, “Rules on Expedited Procedures in the First-Level Courts,” which took effect on 11 April 2022. (SC Issues Rules on Expedited Procedures in the First Level Courts – Supreme Court of the Philippines)
Your intended claim of ₱13,000 is therefore well within the present jurisdiction.
Typical causes of action include:
Common basis | Examples | Limitation period* |
---|---|---|
Loan or credit accommodation | personal loan, salary advance, credit-card balance | 10 yrs (written) / 6 yrs (oral) |
Contract of sale or lease | unpaid purchase price, rent arrears | 6 yrs |
Services rendered | unpaid professional or repair bill | 6 yrs |
Quasi-delict (negligence) | property damage, unreimbursed repairs | 4 yrs |
*Civil Code Arts. 1144–1146.
2. Before you file
- Katarungang Pambarangay. If both parties reside in the same city/municipality, first request mediation before the Barangay Lupon unless exempt (e.g., corporations, offenses with penalties > ₱5,000, etc.).
- Demand letter (optional but strategic). A clear written demand often convinces the debtor to pay and later serves as evidence of your cause of action and of delay (for interest).
- Gather evidence. Original contract, receipts, demand letter, messenger’s tracking slips, screenshots of chats or SMS—all preferably authenticated and printed.
3. Where and how to file
Step | What to do | Key forms (OCA Circ. 88A-2022) |
---|---|---|
1 | Go to the Metropolitan/Municipal Trial Court (MTC/MCTC/MTCC) of the defendant’s residence or where the transaction occurred. | – |
2 | Fill out Form 1-SCC (Statement of Claim/s); attach documents, Barangay Certification (if required), Govt-issued ID, and proof of payment. | Form 1-SCC |
3 | Pay docket & other fees at the clerk of court’s cashier or via the Judiciary e-Payment Solution. (SC launches online payment of court fees for small claims cases) | – |
4 | Clerk of court issues Summons (Form 2-SCC); court staff or the plaintiff may serve if sheriff fails. | Form 2-SCC |
4. How much will it cost for a ₱13,000 claim?
Fee | Regular rate | Notes |
---|---|---|
Filing/docket fee | ₱1,000 | For claims ≤ ₱20,000 under OCA Circ. 79-2022 (2022 fee schedule). (Revised Guidelines in the Payment of Legal Fees and Other Collections ...) |
Legal Research Fund | 1 % of docket (₱10) | Rule 141, Sec. 19. |
Sheriff's Trust Fund | ₱100 | For service of summons. |
Mediation fee | Waived (mediation is built into the hearing). | |
Extra fee after the 5th filing in a calendar year | +₱500 per case | To discourage serial filings. (OCA Circular No. 18-2019 Computation of Legal Fees in Small Claims ...) |
Total typical out-of-pocket: ≈ ₱1,110.
If you qualify as an indigent litigant (monthly income < double the minimum wage and no real property > ₱300k), fees can be waived under Rule 141, Sec. 4.
5. Hearing & judgment
- Single-day, face-to-face or video conference hearing must be set within 30 days from filing (60 days if any defendant resides outside the judicial region). (SC Issues Rules on Expedited Procedures in the First Level Courts – Supreme Court of the Philippines)
- No lawyers may appear for either side; you must represent yourself, though you may privately consult counsel beforehand. (Q & A on Small Claims Cases in the Philippines - Law Firm in ... - NDV Law)
- The judge first tries judicial dispute resolution; if settlement fails, the same judge immediately conducts a summary trial—questioning parties and receiving documents.
- A decision (Form 11-SCC) is rendered within 24 hours of the hearing’s end and is final, executory, and unappealable. (SC Issues Rules on Expedited Procedures in the First Level Courts – Supreme Court of the Philippines)
6. Collecting your money
If the defendant does not pay within the time stated in the decision:
- File Form 12-SCC (Motion for Execution); pay a sheriff’s fee of ₱1,000 plus travel and levy expenses.
- The sheriff may garnish wages, bank deposits, or seize and auction personal property.
- Post-judgment interest (6 % per annum on monetary judgments) accrues until full satisfaction.
7. Common pitfalls to avoid
- Naming the wrong defendant (use the exact name on the contract or ID).
- Suing for the wrong cause of action—small claims cannot recover possession or enforce specific performance.
- Inflating the claim with projected interest/penalties that push it over ₱1 million.
- Failure to attach evidence—photocopies without originals or certifications may be stricken.
- Missing prescription periods; the clock keeps running during Barangay mediation delays.
8. Strategic tips for a ₱13k claim
- Cost–benefit check: With fees around ₱1.1 k and one hearing, the procedure is proportionate to the amount at stake.
- Prepare a concise chronology; the judge often decides on the spot.
- Bring two photo IDs and extra copies of every exhibit for the court and the defendant.
- Arrive early; same-day dismissal for lateness is common.
- If the debtor offers to settle in instalments, insist on post-dated checks or a notarised compromise recorded in the judgment to make enforcement easier.
9. Quick reference
Item | Rule / Source |
---|---|
Present threshold | ₱1,000,000 |
Filing venue | MTC/MCTC/MTCC where defendant resides or obligation arose |
Lawyers in hearing | Prohibited |
Appeal | None; decision is final |
Time to hearing | ≤ 30 days (same region) |
Decision deadline | 24 h from end of hearing |
Bottom line
Filing a small-claims case for ₱13,000 is designed to be fast, inexpensive and lawyer-free. With complete documents and a clear story, you can expect a binding judgment—and, if needed, court-assisted collection—within a few weeks for a little over a thousand pesos in total fees.
(This guide is informational and not a substitute for personalized legal advice.)