Maraming Salamat po AttyLLL

Hi AttyLLL,

Ako po ngayon ay wiling-wili na sa kakabasa dito sa forum nyo, marami po akong natututunan and at the same time nakakalibang na din po at naisip ko bakit ndi ko nahiligan ang pagaabukasya nung nasa colegio pa ako. Maraming salamat po sa pagtulong nyo sa mga taong tulad ko na limitado ang alam tungkol sa batas.

May gusto lang po sana ako itanong ulit kung mamarapatin nyo. If you would remember my case that I referred to you..

Why would filing a small claims case beneficial against filing a criminal case of estafa? Just curious. Thank you.

and sir regarding demand letter nagsend na kasi ako via phil post registered mail sa 3 office nya pero ndi ko nilagyan ng return card kasi sabi nung personnel ok lang daw miski wala. nasa akin po ung stubs nung r.mail with serial number. will that do? please advise po. Thanks again!

sorry, i don't remember your previous posts with all the posts on this site. but if i recommended a small claims case, i might have thought there was no sufficient basis for a criminal case.

that stub is not enough to prove that the letter was received. you'll have to produce a certification from the post office that it was received.

Thanks atty.
I also consulted my counsel and said the same - to go to the post office and get certification that it was received.


Now my dilemma is I think bihasa na tong hudas na toh at kung alam nyang registered mail at nakalagay pa ang pangalan ko tyak na ipatatalbog nya lang yun sa mga staff nya. Paano na ngayon ito?

But for small claims wouldn't a baranggay issued CFA plus your notarized contracts be enough to file claim? God Bless.

plshelpmegod, you should direct these queries to your own lawyer. he is in a better position because he has better knowledge of your case.

Sa totoo lang AttyLLL ndi pa sya abogado tawag ko lang counsel kasi nagaaral sya ng Law please don't think of it as second opinion but I come to you asking for your personal professional opinion. Di nya nasagot concretely about sa non-receipt and CFA being ok na. So ayun po, Thanks po and God bless.

well, our advice is the same anyway. ask for the certification from the post office. it is normally easier to get it from the destination post office.

Okay Atty. thank you very much! I hope everything goes well. I will certainly update you regarding the matter. God bless.

Good day po! my prob po kc ako...nag aplay po ako sa abroad kasalukuyan po pina process na ung visa ko..gusto ko po kc mgtrabaho abroad para po mkabayad ako sa utang ko.kc ung sweldo ko hindi sapat kulang pa po sa araw araw na ga2sin.Pino-problema ko po kung mabibigyan kaya ako ng visa at nbi clearance?mkakalabas po kaya ako ng pinas na wlang prob? almost 2years na kc ako hindi nka pagbayad.

sana po matulungan nyo ako. mg aantay po ako sa reply nyo..salamat po!

Hi AttyLLL,

Kumusta na kayo?

I was able to get certifications from the Post Office. 2 of them amounting to Php 30 ea.

I would like to ask a follow up question. Basing on the certifications, all of the registered mail were received but the receiver is not him. Would that still be valid to file my Small claims? I also have my CFA already. Please advise. Thank you & God bless.

Regards,
PHMG

that should be enough. good luck.

Thank you.

Please help me God.

AttyLLL!!!

Nawawala yung resibo! Uubra kaya kung kontrata lang?

At wala akong witness na pede mag affidavit!

Please advice.. Huhuhuh!

contract which states what? if it signed by the other party, then that can be good enough.

contract of lease. cge po update ko kayo. ty

To Share with Everyone:

Been at MTC about to file the Small Claims Case (SCC)

filing fee:

claims not over Php 20,000 = Php 2,100+ plus Php 1,000 Sheriff's trust fund,+ miscs

claims over Php 20,000 = 2,750+ plus Php 1,000 Sheriff's trust fund, + miscs

file mon to thu and it would be raffled on monday next week. 1 day decision upon hearing.

God Bless~

thank you for sharing. even i did not know that because we are not allowed to participate in small claims.

Correction Please

The Sheriff's Trust Fund of Php 1,000 is already included in the filing fee.

Provide 4 copies of the SCC form, Each form should also have copies of your supporting documents i.e. demand letters, CFA, Post office certification, contracts etc. Included in the SCC form would be the Non-Forum Shopping form that needs to be notorized.

In makati you need to be there early for the cashier at the MeTC only accepts payments until 3:30pm

upon payment, wait for monday the following week and by afternoon you would know which branch court would handle your case.

TBC...


P.S. When I was at the MeTC admin to file the case I saw a lot of SCC cases stacked up. These are from banks/credit card companies filing against individuals as well as corporations. just my 2 cents.

that's what i don't like about the small claims court rules. it was meant to benefit real persons who can't afford lawyers; they should've excluded corporations.

I'm so excited with my case. I just hope everything goes well. Come monday I would know the branch who would handle my case and maybe talk to the clerk or sheriff.

This might interest you all on who introduced the Small Claims Courts in the Philippines, it's Sen. Bong Revilla Jr. Talagang pinapaelib ako ni Kap ah.

http://www.senate.gov.ph/lisdata/50244417!.pdf

to avoid frustration, try to identify properties owned by the defendant, else you might end up with just a paper victory.