Small Claims Court aka People's Courts (Part 3)

According to the facts and statistics presented, for the period beginning from October 1, 2008 to January 21, 2009 in 22 Pilot Courts, there were 1,750 small claims cases filed. Plaintiffs consist of 28% individuals while 72% were juridical entities. The reported disposal rate is about 45% cases disposed within the same period while 37% were settled amicably and 8% were decided based on merits. The average case lifetime is an impressive 1-3 months. 

These statistics were presented to the participants last December 10, 2010, by the Small Claims Court Technical Working Group (SCC-TWG) in cooperation with the American Bar Association-Rule of Law Inc (ABA-ROLI) which conducted a public information drive on the salient features of the rule of procedure for the small claims under A.M no. 08-8-7-SC. It was held in Marco Polo Hotel. Speakers were: Hon. Maria Filomena D. Singh, Presiding Judge, Quezon City RTC branch 85 who is also a member of the Small Claims Court, Technical Working Group (TWG); Hon. Geraldine Faith Econg, Judicial Reform Program Administrator; Atty. Jack Andrew O. Miranda, Operations Director of American Bar Association (ABA)-ROLI; and Atty Thelma C. Bahia, Assistant Court Administrator and Vice-Chair of SCC-TWG.

So, you might want to know what are the basic processes and requirements to initiate filing of small claims. A small claims case may be initiated by going to the first level courts and by filing before the SCC a statement of claim, which is a formal writing that sets forth the facts and circumstances of the claim. The plaintiff or the one filing the case can simply get a ready-made statement of claim form from the SCC and this is for free. Likewise, if these are quite technical for the one filing, there are trained court personnel that can guide you in preparing and/or completing the said form.

Below are some basic requirements to be accomplished when filing. The form must be:

(a) Signed by the plaintiff or his/her duly authorized representative;

(b) Verified (plaintiff must attest to the truthfulness, and his or her personal knowledge, of the facts stated in an oath before a notary public);

(c) It must be filed in duplicate;

(d) Accompanied by a certificate of non-forum shopping (plaintiff must certify under oath before a notary public that he or she has not filed the same claim before other courts or tribunals);

(e) Accompanied by affidavits of witnesses;

(f) Accompanied by certified copies of any actionable document (i.e., contract, debt acknowledgement or promissory note) or photographs of the subject of the claim (i.e., photos of a stolen or damaged personal property); and

(g) Accompanied by other evidence to support the claim (such as delivery receipt, duly acknowledge statement of account, among others). 

Overall, filing for collection or sum of money just become simple, inexpensive and expeditious with the establishment of small claims courts.

(to be continued)

For comments, rejoinders and questions on credit and collection matters, send emails to [email protected]