Small Claims Court Process Philippines

Small Claims Court Process in the Philippines

A one-stop, soup-to-nuts guide for litigants, advisers, and students (updated to April 25 2025).


1. Legal Framework and Evolution

Date Issuance Key change
Oct 1 2008 A.M. No. 08-8-7-SC Pilot rules; ceiling ₱100 000
Mar 18 2013 A.M. No. 08-8-7-SC (2013 rev.) Ceiling raised to ₱200 000
Feb 1 2016 A.M. No. 08-8-7-SC (2016 rev.) Ceiling ₱300 000; more forms
Apr 11 2022 A.M. No. 08-8-7-SC (2022 rev.) Ceiling ₱400 000; e-Filing & videoconference
Minor amendments 2023-2024 OCA Circulars Clarified e-payment, translation of forms, gender-neutral language

The Rules of Procedure for Small Claims Cases (RPSCC) supplement—but supersede in case of conflict—Rules 16 & 70 of the Rules of Court and the ADR Act.


2. Jurisdiction and Venue

Courts: First-level courts—Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC), and Municipal Circuit Trial Courts (MCTC).

Amount in controversy: Up to ₱400 000, exclusive of interest, penalties, damages, attorney’s fees, and costs.

Venue: At plaintiff’s option—where either party resides or does business. If defendant is a juridical entity with branches, sue where the branch is located.


3. Eligible Claims

Small claims must be purely civil and for payment or reimbursement of money, such as:

  • Contract of loan or credit, including online lending and credit card debt
  • Barangay-certified kaso dukit (settlement promissory notes)
  • Services or rentals
  • Damages arising from property damage, quasi-delict, or enforcement of barangay amicable settlement

Excluded: Actions for ejectment, annulment of title, foreclosure, specific performance, moral/exemplary damages alone, habeas corpus, labor cases, marital disputes, estates, insolvency, and claims against the government.


4. Parties and Representation

  • Natural or juridical persons; multiple plaintiffs/defendants allowed.
  • No lawyers in the hearing—except if the party is itself a lawyer. Corporations appear through an authorized employee with a board resolution or SPA.
  • Interpreter is provided for free if a party is indigent or doesn’t speak Filipino/English.
  • Barangay conciliation is a condition precedent when parties reside in the same city/municipality, unless the claim is exempt (e.g., government entities, PRC-licensed professionals on official duty, serious offenses).

5. How to Commence a Small Claim

Step Form Timeline
1. Prepare a Verified Statement of Claim (Form 1-SCC) with evidence Form downloadable from <sc.judiciary.gov.ph data-preserve-html-node="true"> or picked up at the clerk’s office
2. Attach: contracts, receipts, demand letters, barangay certification, IDs Originals + photocopies
3. Pay fees (see Sec. 10) or file Motion to Sue as Indigent Official Receipt Same day
4. Clerk dockets the case, assigns SCC number, and forwards to the judge Within 24 h
5. Court issues Summons (Form 2-SCC) Within 24 h from receipt

6. Docket and Other Fees (as of 2025)

Amount of claim Docket fee
≤ ₱20 000 ₱1 000
20 001 – 100 000 ₱2 000
100 001 – 200 000 ₱2 500
200 001 – 300 000 ₱3 000
300 001 – 400 000 ₱4 000

Plus₱500 mediation fund & ₱200 ICT fee.
Indigents: fee waived upon affidavit of merit and proof of income below double the monthly minimum wage.


7. Service of Summons

Clerk serves by personal service, registered mail, accredited courier, or email.
Failure of service after two attempts triggers substituted service or early resort to e-mail/SMS.


8. Defendant’s Response

  • Deadline: 10 calendar days from receipt.
  • Form 3-SCC (Verified Response) + counterclaim (also ≤₱400 000).
  • If no response is filed, the court may render judgment motu proprio based on the Statement of Claim.

9. One-Day Hearing Rule

Time Activity
8:30 – 9:00 a.m. Call of cases, verification of identities & settlement option
9:00 – 10:00 Judicial Dispute Resolution (face-to-face or via Zoom). If parties settle, judge approves Compromise Judgment the same day.
10:00 – 12:00 Swift trial: Parties present documentary evidence (marked in advance), oral testimony by question-and-answer under oath. Cross-exam is limited.
Before 5 p.m. Judge issues Decision (Form 4-SCC) or minutes stating judgment; decision released within 24 h.

10. Evidence and Standard of Proof

  • Documentary evidence must be originals or certified true copies; marked “A”, “B”, etc.
  • Photographs, screenshots, e-mails, or SMS must be authenticated by an affidavit or QC-verified screenshot.
  • No formal rules on evidence strictly apply; judge may ask clarifying questions.
  • Standard: substantial evidence (more than mere suspicion, less than preponderance).

11. Judgment and Finality

  • Decision is final, executory, and unappealable.
  • Only Rule 65 petition for certiorari to the Court of Appeals or SC lies, and only on grave abuse of discretion.

12. Execution of Judgment

  1. Winning party files Motion for Execution (no fee).
  2. Judge issues Writ of Execution within 5 days.
  3. Sheriff levies personalty then realty; garnishes bank accounts; may use Rule 39 post-judgment discovery.
  4. If judgment debtor opts to pay in installments, court may approve on good cause and with consent of creditor.

13. Prohibited Pleadings/Motions

  • Motion to dismiss (except on lack of jurisdiction)
  • Motion for bill of particulars
  • Motion for new trial, reconsideration, or extension
  • Petition for relief from judgment
  • Third-party complaints & interventions
  • Discovery motions (use informal means)
  • Appeal or notice thereof

14. Suspension of Prescriptive Periods

Filing the Statement of Claim interrupts prescription. If dismissed without prejudice, plaintiff gets the remainder of the prescriptive period plus 30 days.


15. Going Digital: e-SCC

  • Electronic filing via the Judiciary e-Payment System (JePS); accepts GCash, credit/debit cards, PayMaya.
  • Video-conference hearings are routine for parties > 50 km apart or by agreement.
  • Electronic Service: Summons, orders, and decisions may be served by e-mail or verified social-media account.
  • Digitally signed decisions are valid under the E-Commerce Act.

16. Advantages over Regular Civil Actions

  • Speed: Average life cycle ≈ 45 days versus 2–5 years in ordinary cases.
  • Low cost: No lawyer’s fees; reduced docket cost; no stenographic fees.
  • User-friendly forms: Tick-box style; Filipino translations available.
  • Finality precludes dilatory tactics.

17. Common Pitfalls & Practitioner Tips

Pitfall How to avoid
Suing for ₱402 000 w/o waiver Waive the excess or split is forbidden.
Wrong venue Confirm addresses; attach barangay certificate of residency.
Incomplete attachments Attach notarized demand letters, Statement of Account, Proof of Identity.
Sending lawyer to hearing Only allowed if you are the lawyer-party.
Ignoring barangay conciliation Secure Certification to File Action (CFA).

18. Frequently Asked Questions

  1. Can I include moral damages? Yes, if the principal money claim plus moral damages does not exceed ₱400 000; otherwise file a regular civil action.
  2. Is interest capped? Legal interest (6 % p.a. post-judgment) applies unless a contract states otherwise.
  3. What if the defendant counter-sues for more than ₱400 000? Counterclaim is limited to ₱400 000; excess must be waived.
  4. Can I settle in installments? Yes, the court can approve a compromise with a schedule of payments.
  5. Are foreigners allowed? Yes, foreign nationals may sue/defend; consular authentication of IDs is required.

19. Looking Ahead (2025-onward)

The Supreme Court has signaled plans to raise the ceiling to ₱500 000 and integrate ODR (Online Dispute Resolution) chatbots for pre-trial screening. Watch for amendments likely in late-2025.


20. Conclusion

The Philippine Small Claims system delivers swift, inexpensive, and accessible justice for modest money disputes. Success hinges on choosing the right venue, filing complete papers, and understanding the strict one-day-hearing ethos. With e-filing and video hearings now mainstream—and another ceiling increase on the horizon—small claims will remain the go-to remedy for everyday creditors and consumers alike.

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Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.