In view of congested court dockets and the slow pace in our justice system, the Supreme Court (SC) created Small Claims Courts back in 2008. At present time, almost eight years after it was first introduced in the Philippines, most of our courts are still clogged with dockets, but as suggested by the reports of the SC, the Small Claims has been a huge success in, at least, disposing of monetary claims involving small amounts, and just this February 1, the SC increased the jurisdictional amount of small claims from an amount not exceeding P100,000 to an amount not exceeding P200,000, thereby guaranteeing wider coverage and better access to the courts by the underprivileged.
So what are exactly small claims? Small-claims cases are cases that are purely civil in nature, where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money not exceeding P200,000. Its purpose is to provide a simplified and inexpensive procedure for collection of sum of money. Claims may arise out of money owed from a contract of lease, loan, services, sale or mortgage; it also covers liquidated damages arising from contracts and the enforcement of a barangay amicable settlement or an arbitration award involving a money claim.
The advantage of employing small-claims case is that it is expeditious, inexpensive and simplified. It is the effective method to get a legal order of payment against people who owe you money.
It is inexpensive because a party can appear in his own behalf, in fact, there is no need for a lawyer in small-claims cases because the hearing is conducted in an informal manner.
It is expeditious because a hearing shall proceed within not more than 30 days from the filing of the statement of claim by the petitioner and hearing shall be terminated in the same day, after such hearing, a decision must be made within 24 hours. Also, the decision is final, executory
and unappelable.
It is simplified because all the forms concerning small-claims cases are provided for by the court. In small-claims cases, the plaintiff would simply accomplish pre-drafted forms, thus, eliminating the need for the filing of pleadings.
Although under the Rules of Procedure for Small Claims Cases, the appearance of a lawyer at the hearing is not allowed, however, it is still best to consult a lawyer, especially in the preparation of all the necessary supporting documents and the statement of claim in order to increase the likelihood of a successful collection, because once the case is submitted for a decision, the judge would then base his decision only on the evidence submitted along with the statement of claims.
6 comments
Can I be sued with small claims by online company lenders? Even though they already humiliated me in all my contacts in my phone. And I am already traumatized in answering calls from unregistered numbers because at one point i answered a phone call and it was from the online lending company and it was really horrifying because I ask for an extension for me have time to find money for the payment of my loan the caller just yelled at me and swears tat me that he would humiliate me in all of my contacts that was saved in my phone. And he Really did. One of the managers in the company I’m working with suggested that I should ignore it because the cost of the humiliation is more than the cost that I borrowed it doesn’t even reach in 10,000 pesos. And as advised I ignored all the text messages and calls. Set my phone into Anti-harasment / fraud mode which wont allow unregistered number to call my number but still the text messages still reaches me and still they still threatened me I will be put to jail, I will be sued, and my credibility will be destroyed.
same questions as above
Same question to ask
Please give us advice regarding this problem..we all have the same concern.
same question.. Hope it will be answered because I also have the same problem.
same question and pwede po madamay ang aming mga NBI at POLICE record sa ganyan??salamat po sa sagot mga sir,mam.godbless po.