Here’s a quick briefer on how to file a Small Claims in Cebu if someone owes you money.

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What can be filed as a small claim?

Aside from unsettled debts, you may also collect unpaid rentals, unpaid amount due from selling personal property, and unpaid contract price from services rendered. This does not cover labor cases for unpaid wages/salaries and benefits of an employee. This also excludes the recovery of the personal property sold, unless it is made the subject of a compromise agreement between you and the buyer. 

It is important to note that only claims NOT EXCEEDING One Million Pesos (PhP1,000,000.00), exclusive of interest and costs, can be filed as small claims cases.

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Where can you file a small claims case?

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A small claims case is filed before the Municipal Trial Court having jurisdiction over the place where you or the person who owes you money resides.

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How do you commence a small claims case?

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There are forms (Statement of Claims) available at the Court which makes it easy for you to fill out. There are also translations in the Bisaya language of the details that need to be provided and the steps you need to take which makes it even easier for you. 

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Prior to filing, you will have to prepare all of the documents and proof that they owe you money and that they have refused to make good on their promise to pay you back after you have made your demands. This may consist of documents or text/instant messages.

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Once you fill out the Statement of Claims with your affidavit/s attached, and after you have paid the filing fees, you may proceed with the filing of your small claims case.

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NOTE: However, you will need the assistance of a notary public in executing your statement of claims (which contains details of your claims) and your affidavit (which will contain you or your witnesses’ testimonies). To ensure a smooth transaction, we also offer comprehensive notarization services alongside our assistance in the filing of a small claims case.

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What are the next steps after the filing of your small claims?

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If the court finds your filled-out statement of claims satisfactory and there is no ground for dismissal, the court shall issue Summons within twenty-four (24) hours from receipt of the Statement of Claims directing the person who owes you to submit a response. The court shall also send you a notice setting the date for the hearing of your case. 

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During the hearing, which is informal, no lawyers will be allowed. You should be present in the hearing, otherwise your claims will be dismissed. The court will try to convince you and the other party to settle. If you arrive at a compromise before or during the hearing, the same shall be reduced into writing and immediately submitted to the court for approval at the hearing. If settlement is not possible, the court shall hear the case. Non-appearance of the other party does not mean you automatically win the case because the judge will still examine the pieces of evidence you have submitted. 

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After the hearing ends, the court shall render judgment within twenty-four (24) hours. The court’s decision is final, executory and unappealable.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on money claims such as small claims, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm that assists in  money claims such as the filing of small claims cases in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.