Dear Atty. Angela,
I have been leasing a business space at our family-owned building located in Sta. Rosa, Laguna. The owner of the hardware shop has failed to pay for 8 months amounting to P800,000. I want to file a case for money claims to get amount owed to us but I do not want to go through the hassle of hiring a lawyer and spending for a long trial of a case. I heard about the small claims case, would this amount be considered?
Carlo
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Dear Carlo,
Small Claims is a legal innovation aimed at providing a speedy and inexpensive means to resolve minor disputes. The concept of small claims involves the litigation of civil cases where the claim does not exceed a specified amount, currently set at P1,000,000, regardless of whether the case is filed within or outside Metro Manila. This covers claims or demands for money owed under contracts of lease, loan and other credit accommodations, services, and sale of personal property.
This is the Process in filing a Small Claims Case:
Filing of Complaint: The plaintiff must complete the required forms, available at local courts, and pay the necessary filing fees.
Service of Summons: The court will serve the summons to the defendant, along with a copy of the complaint.
Response: The defendant must file a response, either agreeing to the claim, disputing it, or making a counterclaim.
Hearing: The court schedules a hearing, within 30 days of filing.
Judgment: The judge will issue a decision, usually on the same day as the hearing. The decision is final and unappealable.
Our courts have long faced the challenge of court congestion, leading to a high volume of pending cases and severe delays in disposal of cases, denying litigants the ability to access swift and fair justice. With the Supreme Court introducing Small Claims as one of its judicial reform projects, it has provided simplified and inexpensive process to settle money claims that many citizens significantly benefited from.
Atty. Angela Antonio
