Forgotten utang

Dear Atty. Chris Liquigan,

My friend has been asking for monetary help for the last couple of months. One utang led to another and now he owes me a total of P30,000. I did not impose an interest because he is my friend, but it also seems like he has forgotten all the money he owes me. I keep seeing him buy things that don’t seem important. Not to put my nose on his business but he always says that he doesn’t have money whenever I ask him to pay.

I need my money because I got laid off from work due to the pandemic and I don’t have enough money to get a lawyer to represent me. I am hoping you could help me. Thanks, attorney.

Dear Ellias,

I understand your disappointment. It must be really hard to see that the person whom you helped without inhibitions, is not helping you now that you need it.

First off, you don’t have to worry about not having a lawyer who will represent you in this case as the appearance of lawyers in behalf of any party in small claims cases are not allowed (unless he is the defendant or plaintiff) and if the court determines a party cannot properly present his/her claim or defense and needs assistance, help may be given through the Public Attorney’s Office.

Now, a person who receives money as loan is bound to pay an equal amount of the same kind and quality (Article 1952 of the Civil Code of the Philippines). In the event that the debtor refused to pay, creditor may go to the court to seek redress for the debtor’s failure to fulfill his obligation.

Since your friend’s debt is less than a hundred thousand pesos (P100,000) your petition should be filed in accordance with the Rules of Procedure for Small Claims Cases before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts designated as small claims court of the place where you or your debtor lives (En Banc Resolution No. A.M. No. 08-8-7-SC dated 27 October 2009).

Given that this is a small claims action, you may file the following (Section 5, Rules of Procedure for Small Claims Cases):

• an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate;

• Certification of Non-forum Shopping (Form 1-A, SCC); and

• two duly certified photocopies of the actionable document/s subject of the claim;

• affidavits of witnesses and other evidence to support the claim

You shall also be required to pay the docket and other legal fees prescribed under Rule 141 of the Revised Rules of Court, unless you are allowed to litigate as an indigent (Section 8, ibid.).

Hope I answered your concern.

Atty. Chris Liquigan