Alamin ang proseso at mga dokumentong kailangan sa pagsasampa ng small claims

PTVPhilippines

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Transcript

00:00Unpaid debts are often the reason for a person to file a case.

00:06And cases related to debts are usually filed in the Small Claims Court.

00:11That's right, Dianna.

00:12To find out the details of small claims, we will be joined live here in the studio by Atty. Alex Soledad.

00:19Good morning, Atty.

00:20Good morning to you, Dianna and Audrey, and to Rising Shine Philippines.

00:24Alright.

00:25Atty. Alex, let's talk about debts.

00:26Oh my, this can relate to a lot of things.

00:28But if we're talking about small claims, what are they?

00:31Small claims are under the Revised Rules of Procedure of Small Claims,

00:35or what we call the Administrative Matter No. 0887-SC.

00:40This was done to speed up the settlement and resolution of financial matters.

00:47So the sum of this is not more than one million.

00:51Okay.

00:52Okay.

00:53And then, the lowest?

00:55The lowest, practically, in my experience, I haven't encountered lower than P10,000.

01:01But as small as P10,000, you can file.

01:05So, P1,000,000 to P10,000, that's the range?

01:08P10,000,000 to P1,000,000.

01:08Yes, that's the sum.

01:09If it exceeds P1,000,000, that's a different case.

01:12That's a different case.

01:13Okay.

01:14How is the process of filing?

01:16If you really want to, you can't deny it, right, Atty.?

01:19If you're angry, you deny it.

01:21Yes.

01:22How is the process of filing?

01:24The filing of small claims starts with a demand letter.

01:28So, the complainant will give a demand letter to the person they want to complain to

01:32or to the person who has a wrong debt to them.

01:35So, when they file a demand letter,

01:38it usually goes through Barangay Amicable Settlement

01:41before they can file a case with MTC.

01:45At the level of MTC, we have Metropolitan Trial Court,

01:48Municipal Trial Court,

01:50Municipal Cities in Municipal Trial Courts.

01:54So, this level is where it's filed

01:57if it doesn't exceed P1,000,000,

02:00the amount of money they demand

02:02that comes from a loan or based on a settlement.

02:06It can be a contract of lease,

02:08it can be a contract of service,

02:10it can also be a contract of loan.

02:12Well, since the fine is low,

02:15of course, you don't want to spend money on filing this.

02:18Is there a filing fee when you file small claims

02:21and do you need a lawyer to represent you?

02:25Actually, lawyers are prohibited in small claims.

02:29So, in small claims, we also have what we call fees.

02:32So, you will pay legal fees or docket fees,

02:34sheriff's fee and legal research fee.

02:37This is only included in the schedule of fees of the Supreme Court.

02:40So, now, this payment is online.

02:43So, the Supreme Court has a website for the payment of these fees.

02:46You mentioned earlier, Atty.,

02:48before it reaches the MTC,

02:50can this be discussed first?

02:52This can be discussed in the barangay level.

02:54So, there will be a discussion in the barangay

02:57and if there is still no settlement,

03:01that's when the case usually goes to the court.

03:03Maybe the barangay level should arrange for the payment, right?

03:07So, this won't take long.

03:09If you really have a loan and you're already filing,

03:13you should pay so that the pain of the loss can be avoided.

03:16But just in case,

03:17when the case reaches the MTC,

03:19what documents should be prepared

03:22so that they can file the case?

03:25So, we need to have a verified statement of claims.

03:28That is really required.

03:29It needs to be accompanied by a verification

03:33and certification against forum shopping.

03:36So, if you are the one filing,

03:38you are called a plaintiff.

03:40So, if you are the one receiving this,

03:42you are the one demanding it,

03:43and you are the defendant.

03:44So, the defendant will file his verified response.

03:48So, if the plaintiff still has something to say

03:50about what he demanded,

03:53he can file a return.

03:55So, if that is submitted to the court,

03:57the court will look at it

03:59to see if there is a basis

04:00or if it is dismiss-dismiss.

04:02So, if it is not dismiss-dismiss,

04:04there will be a hearing.

04:06So, usually, the hearing is only for one day.

04:09Ah, okay.

04:10Because this is done

04:11to speed up the resolution of financial matters.

04:14So, within 24 hours,

04:16if there is a hearing,

04:18after that, the court will make a decision.

04:21Okay.

04:22If you have P10,000,

04:23you will still have a hearing.

04:24No, maybe if it is P200,000,

04:26it is still a big amount.

04:27P200,000.

04:28Yes, that is big.

04:29It is still a big amount.

04:30But this is my question

04:31when it comes to documents.

04:33To the plaintiff,

04:34to the one who is demanding,

04:35what evidence does he need?

04:38For example, if there is no agreement,

04:40sometimes, there are debts

04:41that are verbal agreements.

04:42Yes, yes.

04:43Usually, if that is the case,

04:44the contract,

04:45based on our law,

04:46you do not need to have a paper.

04:48Okay.

04:49This can be oral or verbal.

04:50So, if it is oral or verbal,

04:52you need to have the affidavit

04:53of your witnesses

04:54that will say

04:55or prove that you had a conversation

04:58or you had a debt to a person.

05:00Hmm.

05:01So, you cannot deny

05:02that I do not have a debt to you.

05:04But what if we are just talking to each other?

05:06For example,

05:07if there are no witnesses,

05:09we are just talking to each other.

05:10Yes, yes.

05:11In our country,

05:12in the Philippines,

05:13we need to have evidence.

05:14So, whether this is a testimonial

05:16or this is a documentary,

05:17this needs to be submitted

05:19to prove that there was a debt.

05:21Yes.

05:22You know, it is good

05:23to have a receiving copy.

05:24Yes.

05:25Like this,

05:26to our countrymen,

05:27before you have a debt,

05:28you need to have witnesses.

05:29Yes.

05:30And maybe a piece of paper will do.

05:32Yes, ma'am.

05:33It can be used

05:34as evidence

05:35that you have an obligation

05:36to my countrymen.

05:37Hmm.

05:38But what if

05:39the respondents

05:40did not show up

05:41in the hearing?

05:42There are reasons

05:43why the respondents

05:44or our defendants

05:45sometimes do not show up.

05:47Usually,

05:48they are not served

05:49by the summons properly.

05:50Ah, okay.

05:51So, in such situations,

05:52the court will order

05:54the plaintiff

05:55or the plaintiff

05:56who is complaining

05:57to serve the summons

05:58to the plaintiff

05:59who is complaining

06:00within 24 hours.

06:01Okay.

06:02And lastly,

06:04because the 10,000 pesos

06:06is kind of

06:07an obstacle for me

06:08when it comes to fighting.

06:09The 10,000 pesos,

06:10how long

06:11are the small claims

06:12before the court

06:13makes a decision?

06:14It's 24 hours.

06:1524 hours?

06:16Yes.

06:17When the hearing starts,

06:18the summons are served,

06:20so the parties

06:21go to the court

06:22within 24 hours.

06:23On the same day,

06:24the hearing will be over.

06:25The court will terminate the hearing.

06:27But here,

06:28no one is jailed

06:29because of debt, right?

06:30That's true.

06:31Here in the small claims,

06:32no one is really jailed

06:33because by the word itself,

06:34these are just civil claims.

06:35These are just small claims.

06:36So, no one is jailed here.

06:38The only goal here

06:39is to collect money

06:41that will be used

06:43for their discussion

06:44or for the debt

06:45when they are complaining.

06:46But I'm sure

06:47this case will also last long

06:48if the debtor is contesting.

06:50Yes, usually.

06:52There can be an appeal

06:54that our rules are allowed.

06:56But usually,

06:57when we have

06:58a criminal aspect,

06:59that's a different case.

07:01Yes.

07:02Usually, there are also staffers.

07:03The bouncing checks.

07:04Yes, that's a different case.

07:05That's a different case.

07:06It's already 2022.

07:07Is that right?

07:08Yes, ma'am.

07:09But you can also collect money

07:11under the bouncing check.

07:13For example,

07:14if you have a check

07:15in issue 500,000,

07:16you can collect it

07:17under the small claims.

07:18Mmm.

07:19Alright.

07:20Do you know,

07:21before I go to court,

07:22it's better

07:23to just pay, right?

07:24Yes.

07:25If you really set up

07:26a conversation

07:27that you will pay

07:28for my account salary,

07:29just give it

07:30because it's your obligation.

07:31What we learned this morning

07:32is important.

07:33What?

07:34That there are witnesses

07:35who will write

07:36before you let go

07:37of your hard-earned money

07:38and lend it to others.

07:39That's right.

07:40But there's no fight, right?

07:41Thank you very much.

07:42Alright.

07:43Atty. Alex Solidada,

07:44for the information

07:45you shared

07:46about the small claims.

07:47Thank you very much, Atty.

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