Q & A On SMALL CLAIM
Q & A On SMALL CLAIM
Q & A On SMALL CLAIM
c. Case to recover the deposit made for a lease after the expiration of the lease.
A small claims case is filed with the Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial
Courts. Since this is a civil case, it must be filed in the city:
a. Where the Plaintiff (the person suing) resides; or
b. Where the Defendant (the person being sued) resides; or
c. If the Plaintiff is in the business of lending, banking and similar
activities, in the city where the Defendant resides, if the Plaintiff has a
branch in that city.
b. The plaintiff shall pay the docket and other legal fees, unless allowed to litigate
as an indigent.
c. The court examines the claim. It may dismiss the case outright if it finds
grounds to justify the dismissal.
d. If no ground for dismissal is found, the court shall issue Summons on the day
of receipt of the Statement of Claim, directing the defendant to submit a
verified Response.
e. If the Defendant cannot be served with Summons, the court shall order the
Plaintiff to cause the service of summons within thirty (30) days from Notice.
Otherwise, the case shall be dismissed.
f. The court shall also issue a Notice to both parties, directing them to appear
before it on a specific date and time for hearing, with a warning that no
unjustified postponement shall be allowed.
g. The defendant shall file with the court and serve on the plaintiff a duly
accomplished and verified Response within a non – extendible period of ten
(10) days from receipt of summons. The Response shall be accompanied by
certified photocopies of documents, as well as affidavits of witnesses and
other evidence in support thereof. No evidence shall be allowed during the
hearing which was not attached to or submitted together with the Response,
unless good cause is shown for the admission of additional evidence.
h. The parties shall appear at the designated date of hearing personally or through
a representative authorized under a Special Power of Attorney. However, a
lawyer cannot appear to represent the party.
i. At the hearing, the judge shall exert efforts to bring the parties to an amicable
settlement.
j. If the case is settled, the settlement shall be reduced into writing, signed by the
parties and submitted to the court for approval
l. After the hearing, the court shall render its decision within twenty-four (24)
hours from termination of the hearing. The decision shall immediately be
entered by the Clerk of Court in the court docket and a copy thereof forthwith
served on the parties.
10. I do not know how to make statements of claims and other legal documents.
What can I do?
The Supreme Court has already made templated forms for the following:
a. Statement of Claim
b. Verification and Certification of Non-forum Shopping, Splitting a Cause
of Action and Multiplicity of Suits
c. Response
d. Plaintiff’s Return/ Manifestation
e. Motion to Plead as Indigent
f. Special Power of Attorney
g. Joint Motion for DIimissal
h. Motion for Approval of Compromise Agreement
i. Motion for Execution