Small Claim Case

hi law gurus,

my wife was hit by a car and had slight physical injuries..

the offending party has shouldered a portion of the medical bills (my wife was rushed to the ER) but has yet to pay for the follow up and other corrective medical proceedings.

i currently have no plans of elevating this to a court and i'm just looking on asking for a settlemnt since it's less of a hassle.

But just in case we need to push thru filing this on a court, I was thinking if this type of case is eligible for a "small case claim".

I wanted small case claim only since it's faster, no lawywers are needed and since the damages that I'm requesting is below 100K only.

also, on asking for the out of court settlement, aside from the actual medical bills, I'll be asking for a minimal "loss of income" since my wife had to go on leave for a week. I'm not planning to request for moral damages even if my wife was so stressed out and had sleepless nights due to the accident so as to hasten the settlement, and to continue with our normal lives. Am I being fair to myself?

Thanks in advance.

a claim arising from negligence can be filed as a small claims case. you can find the rules on sc.judiciary.gov.ph.

thanks so much sir AttyLLL

MOA wrote:hi law gurus,

my wife was hit by a car and had slight physical injuries..

Hi sir, is there a deadline when we can file charges to a court for these kinds of case? thanks.

4 years, but the earlier the better.

hi sir,

btw, thanks for the posts and the assistance, really apprciate it.

we've sent a demand letter already regarding the above unpaid bills but no reply was received after the due date stated on the letter.

what would be the most practical snd logical course of action? shall we send another demand letter or shall we elevate this to the court already?

thanks in advance.

that's up to you if you are willing to wait, but you can already file your small claim.

i hope you were already able to have dental work done.

thank much attyLLL..

we'll probably prepare on filing a small claim moving forward..

unfortunately we haven't done the dental corrective action yet due to we're a bit short in cash..

I'm afraid my wife will still have her mona lisa smile for a while..

well, you know what i advised about taking the half. if you can make it happen, do it na. maawa ka sa wife mo!

thanks attyLLL..

we'll keep note of your advice and cross the bridge when we get there..

hi sir,

I hate it came to this but we are preparing the SCC already. We are not progressing on our negotiations.

Can we add the cost of the medico legal certificate as part of the claim?

What other claims can we also add other than actual medical bills? How about loss of income and moral damages? What are the supporting documents that we can/must prepare to strengthen the above claims?

thanks in advance to your replies and more power!

I think yes. It's included and you are allowed to include it in your claim provided that the total amount, exclusive of interest and costs, does not exceed P100,000.00.



It involves purely money claim and does not include interest and costs. Moral damages is not included only actual damages.



Under the rules, you must first accomplish a verified statement of claim and certificate of non-forum shopping.

The Statement of Claim must be accompanied by certified duplicate photocopies of all supporting documents (i.e. contract, promissory note, affidavit/sworn statement of witnesses, pictures, receipts, etc�)

Here's the procedure: The plaintiff then files the Statement of Claim with its accompanying documents with the small claims court, personally or through mail, and pays the correct docket and filing fees.











The court informs the defendant that a case has been filed against him/her through the issuance of Summons (Form 2-SCC) on the day of the receipt of the Statement of the Claim and accompanying documents. Through the Summons, the court directs the defendant to file his/her verified Response (Form 3-SCC) as well as other supporting documents or evidence, within a non-extendible period of ten (10) days from its receipt.

The court also serves a Notice of Hearing (Form 4-SCC) to both parties, directing them to appear before it on a specific date and time, with a warning that no unjustified postponement shall be allowed. (Sec. 10)

The Summons and Notice of Hearing must be accompanied by a copy of the Statement of Claim and documents submitted by plaintiff, and a copy of the Response to be accomplished by the defendant.





The court decides the case based on the facts alleged in the Statement of Claim and the supporting documents attached to it. (Sec. 12)



Instead of filing a Response, can a defendant file a motion to dismiss the claim?

No. The filing of a motion to dismiss instead of a response is prohibited under the rule, except on ground of lack of jurisdiction.

hi sir, thanks for the reply.

i'm just confused and would request for some clarification re:

resjudicata wrote:Moral damages is not included only actual damages.

I read some articles and I thought under this clauses I am intitled to moral damages. too bad..

Ammended Small Claims Rule of Procedure
SEC. 4. Applicability.—The Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, and Municipal Circuit Trial Courts shall apply this Rule in all actions which are: (a) purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money, and (b) the civil aspect of criminal actions, either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules Of Criminal Procedure.

As per links:
http://www.lawphil.net/judjuris/juri1961/jan1961/gr_l-14333_1961.html
https://legal.forumtl.com/torts-and-damages-f89/kinds-of-damages-t609.htm?highlight=damages

Art. 2217. Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shocks, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act or omission.
Art. 2219. Moral damages may be recovered in the following and analogous cases:
(1) A criminal offense resulting in physical injuries;

MOA, if you haven't read it, this guide may be helpful. http://sc.judiciary.gov.ph/reso-feb-16-2010.pdf

I think you can add all those matters. just remember that higher claim results in higher filing fees. good luck.

tnx AttyLLL and more power to this forum and to all contributors..

just wanted to say thank you to everyone who lend their advice gratis!

we're able to secure the payment from the other party for the medical(dental) charges albeit not the full claim that we originally wanted..





“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” - Abraham Lincoln

good for you moa! it's really hard to try to enforce your rights through proper processes, and you were steadfast in doing so.