top of page
Search
vadimgrishin649

Form 1-SCC: A Guide for Plaintiffs in Small Claims Cases under A.M. No. 08-8-7-SC




How to Download Form 1-SCC A.M. No. 08-8-7-SC for Small Claims Cases




If you have a small claim that you want to file in the first level courts in the Philippines, you will need to use Form 1-SCC A.M. No. 08-8-7 SC, also known as the Plaintiff's Statement of Claim/s.


This form is part of the Rules on Expedited Procedures in the First Level Courts, which aim to simplify and speed up the resolution of small claims cases.




form 1-scc a.m. no. 08-8-7-sc download



In this article, we will explain what Form 1 SCC A.M. No. 08 8 7 SC is, where to get it, how to fill it out, and how to submit it.


What is Form 1 SCC A.M. No. 08 8 7 SC?




Form 1 SCC A.M. No. 08 8 7 SC is a form that you need to use if you want to file a small claim in the first level courts in the Philippines.


The purpose and content of Form 1 SCC A.M. No. 08 8 7 SC




The purpose of Form 1 SCC A.M. No. 08 8 7 SC is to state your claim or claims against the defendant or defendants in a clear and concise manner.


How to download form 1-scc for small claims cases


Form 1-scc verification and certification against forum shopping


Where to file form 1-scc in the Philippines


Form 1-scc sample statement of claim


Form 1-scc rules on expedited procedures in the first level courts


Form 1-scc summons and notice of hearing


Form 1-scc response and motion for approval of compromise agreement


Form 1-scc decision and writ of execution


Form 1-scc motion to sue as indigent


Form 1-scc special power of attorney


Form 1-scc joint motion for dismissal


Form 1-scc revised rules of procedure for small claims cases


Form 1-scc OCA circular no. 69-2022


Form 1-scc A.M. no. 08-8-7-sc effective date


Form 1-scc flowchart of the rule on small claims


Form 1-scc comparative table of the rule on summary procedure and the rule on small claims


Form 1-scc Supreme Court of the Philippines website


Form 1-scc Office of the Court Administrator website


Form 1-scc Lawphil Project website


Form 1-scc New Scientist article on Korean nuclear fusion reactor


Form 1-scc PDF download link


Form 1-scc English/Tagalog version download link


Form 1-scc English/Bisaya version download link


Form 1-scc other languages version download link


Form 1-scc online submission or e-filing option


Form 1-scc requirements and fees for filing


Form 1-scc tips and guidelines for filling out


Form 1-scc frequently asked questions and answers


Form 1-scc examples and templates of completed forms


Form 1-scc legal advice and assistance from lawyers or paralegals


Form 1-scc alternative dispute resolution or mediation services


Form 1-scc statistics and data on small claims cases in the Philippines


Form 1-scc benefits and advantages of using small claims procedure


Form 1-scc limitations and disadvantages of using small claims procedure


Form 1-scc eligibility criteria and scope of small claims cases


Form 1-scc grounds for dismissal or denial of small claims cases


Form 1-scc appeal or review process for small claims cases


Form 1-scc enforcement or collection methods for small claims judgments


Form 1-scc amendments or revisions to the rules on small claims cases


Form 1-scc feedback or comments from users or stakeholders of small claims procedure


The form contains the following information:



  • Your name, address, contact number, and email address



  • The name, address, contact number, and email address of the defendant or defendants



  • The amount and nature of your claim or claims



  • The facts and circumstances that support your claim or claims



  • The evidence that you have or will present to prove your claim or claims



  • The relief or remedy that you are seeking from the court



  • Your signature and verification under oath



The eligibility and requirements for filing Form 1 SCC A.M. No. 08 8 7 SC




You can file Form 1 SCC A.M. No. 08 8 7 SC if your claim or claims meet the following criteria:



  • They are purely civil in nature



  • They are for payment of money only



  • They do not exceed Php400,000 (or Php500,000 in Metro Manila)



  • They do not involve any real property or interest therein



  • They do not require any declaratory relief, injunction, or accounting



  • They are not subject to any other court procedure or alternative dispute resolution method



Before you file Form 1 SCC A.M. No. 08 8 7 SC, you need to prepare the following requirements:



  • Three copies of the form, duly filled out and signed



  • A certification of non-forum shopping, stating that you have not filed any other action involving the same claim or claims in any other court or tribunal



  • A statement of willingness to undergo mediation, conciliation, or arbitration, if applicable



  • A copy of the demand letter that you sent to the defendant or defendants, and the proof of receipt or delivery



  • A copy of any contract, receipt, invoice, promissory note, or other document that supports your claim or claims



  • A copy of any affidavit or sworn statement of your witnesses, if any



  • A copy of any other evidence that you have or will present to prove your claim or claims



Where to get Form 1 SCC A.M. No. 08 8 7 SC?




You can get Form 1 SCC A.M. No. 08 8 7 SC from two official sources: the Supreme Court website and the first level courts.


The official sources of Form 1 SCC A.M. No. 08 8 7 SC




The Supreme Court website has a section dedicated to small claims cases, where you can find Form 1 SCC A.M. No. 08 8 7 SC and other related forms and information.


You can access the Supreme Court website at . You can download Form 1 SCC A.M. No. 08 8 7 SC in PDF format by clicking on the link that says "Plaintiff's Statement of Claim/s".


The first level courts are the municipal trial courts (MTCs), municipal circuit trial courts (MCTCs), and metropolitan trial courts (MeTCs) that have jurisdiction over small claims cases.


You can visit the first level court that is nearest to your place of residence or business, or where the defendant or defendants reside or do business. You can ask for a copy of Form 1 SCC A.M. No. 08 8 7 SC from the clerk of court or the officer in charge.


The steps to download Form 1 SCC A.M. No. 08 8 7 SC online




If you prefer to download Form 1 SCC A.M. No. 08 8 7 SC online, you can follow these simple steps:



  • Go to the Supreme Court website at .



  • Scroll down to the section that says "Forms" and click on the link that says "Plaintiff's Statement of Claim/s".



  • A new tab will open with Form 1 SCC A.M. No. 08 8 7 SC in PDF format.



  • Save the form to your computer or device by clicking on the download icon at the top right corner of the screen.



  • Print the form using a printer or a printing service.



  • Fill out the form using a pen or a typewriter.



How to fill out Form 1 SCC A.M. No. 08 8 7 SC?




After you have obtained Form 1 SCC A.M. No. 08 8 7 SC, you need to fill it out carefully and accurately. Here are some general instructions and tips for filling out Form 1 SCC A.M. No. 08 8 7 SC:


The general instructions and tips for filling out Form 1 SCC A.M. No. 08 8 7 SC





  • Use black or blue ink only.



  • Write legibly and clearly.



  • Do not leave any blank spaces. If a field is not applicable, write "N/A".



  • Do not make any erasures or alterations. If you make a mistake, cross it out and write the correct information above or beside it.



  • Do not use abbreviations or acronyms. Spell out the full names of persons, places, and entities.



  • Do not attach any additional sheets or documents to the form. Only use the space provided in the form.



  • Make sure that all the information you provide is true and correct. Any false or misleading statement may result in the dismissal of your claim or the imposition of sanctions.



  • Review the form before signing it. Make sure that there are no errors or omissions.



  • Sign the form in front of a notary public or a court officer who can administer oaths.



  • Keep a copy of the form for your own records.



The specific sections and fields of Form 1 SCC A.M. No. 08 8 7 SC




The following table shows the specific sections and fields of Form 1 SCC A.M. No. 08 8 7 SC and how to fill them out:



Section/Field


Description


Example


Caption


The name of the court where you are filing your claim, the case number (to be filled by the court), and the names of the parties involved.


MUNICIPAL TRIAL COURT IN CITIESBranch ___, Quezon CityCASE NO.: _____________JUAN DELA CRUZ,Plaintiff,-versus-PEDRO SANTOS,Defendant.


Title


The title of the form, which is "Plaintiff's Statement of Claim/s".


PLAINTIFF'S STATEMENT OF CLAIM/S


A. Plaintiff's Information


Your name, address, contact number, and email address.


JUAN DELA CRUZNo. 123 Rizal Street, Barangay San Jose, Quezon CityTel. No.: (02) 1234-5678Email: juandelacruz@gmail.com


B. Defendant's Information


The name, address, contact number, and email address of the defendant or defendants.


PEDRO SANTOSNo. 456 Bonifacio Avenue, Barangay San Miguel, Quezon CityTel. No.: (02) 8765-4321Email: pedrosantos@yahoo.com


C. Amount and Nature of Claim/s


The amount and nature of your claim or claims against the defendant or defendants.


I am claiming from the defendant the following:- Php100,000 as actual damages for breach of contract;- Php50,000 as moral damages for causing me mental anguish and anxiety;- Php20,000 as exemplary damages to deter similar acts in the future;- Php10,000 as attorney's fees and litigation expenses.The total amount of my claim is Php180,000.



D. Facts and Circumstances of the Claim/s


The facts and circumstances that support your claim or claims against the defendant or defendants.


The following are the facts and circumstances of my claim/s:- On January 1, 2023, I entered into a contract with the defendant for the delivery of 100 sacks of rice worth Php100,000.- The contract stipulated that the defendant would deliver the rice to my store on or before January 15, 2023.- The defendant failed to deliver the rice on the agreed date, despite my repeated demands and reminders.- As a result of the defendant's breach of contract, I suffered losses in my business, as I was unable to sell the rice to my customers.- I also suffered mental anguish and anxiety due to the defendant's negligence and bad faith.


E. Evidence to Support the Claim/s


The evidence that you have or will present to prove your claim or claims against the defendant or defendants.


To prove my claim/s, I have or will present the following evidence:- A copy of the contract between me and the defendant;- A copy of the demand letter that I sent to the defendant on January 16, 2023;- A copy of the proof of delivery or receipt of the demand letter by the defendant;- A copy of my sales records showing the decline in my income due to the non-delivery of the rice;- A copy of my medical certificate showing that I consulted a psychiatrist for stress-related problems caused by the defendant's breach of contract;- An affidavit of my witness, who is a fellow rice dealer and who can attest to the market price and demand for rice during the period of non-delivery;


F. Relief or Remedy Sought


The relief or remedy that you are seeking from the court for your claim or claims against the defendant or defendants.


I respectfully pray that the court:- Order the defendant to pay me Php180,000 as actual, moral, exemplary damages, and attorney's fees and litigation expenses;- Grant me such other relief or remedy as may be just and equitable under the circumstances.


G. Signature and Verification


Your signature and verification under oath that you are the plaintiff or authorized representative, that you have read and understood the form, that you have not filed any other action involving the same claim or claims, and that all the information you provided are true and correct.


JUAN DELA CRUZPlaintiffVERIFICATIONI, JUAN DELA CRUZ, of legal age, Filipino, and residing at No. 123 Rizal Street, Barangay San Jose, Quezon City, after having been duly sworn in accordance with law, hereby depose and state:- That I am the plaintiff in this case;- That I have caused this statement of claim/s to be prepared;- That I have read and understood this statement of claim/s;- That I have not commenced any other action or proceeding involving the same claim or claims in any other court, tribunal, or quasi-judicial agency;- That all the allegations and information in this statement of claim/s are true and correct to the best of my personal knowledge and belief.IN WITNESS WHEREOF, I have hereunto affixed my signature this ___ day of __________, 2023 at Quezon City.JUAN DELA CRUZAffiantSUBSCRIBED AND SWORN to before me this ___ day of __________, 2023 at Quezon City, affiant exhibiting to me his/her Community Tax Certificate No. __________ issued on __________ at __________.NOTARY PUBLICDoc. No. _____;Page No. _____;Book No. _____;Series of 2023.


How to submit Form 1 SCC A.M. No. 08 8 7 SC?




After you have filled out Form 1 SCC A.M. No. 08 8 7 SC and prepared the required documents, you need to submit them to the first level court that has jurisdiction over your claim or claims.


The filing and legal fees for Form 1 SCC A.M. No. 08 8 7 SC




The filing and legal fees for Form 1 SCC A.M. No. 08 8 7 SC depend on the amount of your claim or claims.


The following table shows the filing and legal fees for Form 1 SCC A.M. No. 08 8 7 SC based on the amount of your claim or claims:



Amount of Claim/s


Filing Fee


Legal Fee


Total Fee


Not more than Php10,000


Php1,000


Php10


Php1,010


More than Php10,000 but not more than Php20,000


Php2,000


Php20


Php2,020


More than Php20,000 but not more than Php50,000


Php3,000


Php30


Php3,030


More than Php50,000 but not more than Php100,000


Php4,000


Php40


Php4,040


More than Php100,000 but not more than Php200,000


Php5,000Php50


Php5,050


More than Php200,000 but not more than Php300,000


Php6,000


Php60


Php6,060


More than Php300,000 but not more than Php400,000 (or Php500,000 in Metro Manila)


Php7,000


Php70


Php7,070


You need to pay the filing and legal fees in cash at the cashier of the court where you are filing your claim or claims.


You need to attach the official receipt of the payment to your Form 1 SCC A.M. No. 08 8 7 SC and other documents.


The procedure and documents for submitting Form 1 SCC A.M. No. 08 8 7 SC




The procedure and documents for submitting Form 1 SCC A.M. No. 08 8 7 SC are as follows:



  • Go to the first level court that has jurisdiction over your claim or claims.



  • Present your Form 1 SCC A.M. No. 08 8 7 SC and other documents to the clerk of court or the officer in charge.



  • The clerk of court or the officer in charge will check your documents for completeness and correctness.



  • If your documents are complete and correct, the clerk of court or the officer in charge will accept them and assign a case number to your claim or claims.



  • The clerk of court or the officer in charge will give you a copy of your Form 1 SCC A.M. No. 08 8 7 SC and other documents with the case number and the date and time of the hearing.



  • The clerk of court or the officer in charge will also give you a copy of Form 2 SCC A.M. No. 08 8 7 SC, which is the Notice of Hearing and Summons to be served to the defendant or defendants.



  • You need to serve Form 2 SCC A.M. No. 08 8 7 SC to the defendant or defendants personally or by registered mail within five days from receipt of the form.



  • You need to submit a proof of service of Form 2 SCC A.M. No. 08 8 7 SC to the court within five days from service.



  • You need to attend the hearing on the date and time specified in Form 2 SCC A.M. No. 08 8 7 SC. You need to bring your Form 1 SCC A.M. No. 08 8 7 SC and other documents and evidence with you.



Conclusion




Form 1 SCC A.M. No. 08 8 7 SC is a form that you need to use if you want to file a small claim in the first level courts in the Philippines.


Summary of the main points of the article




In this article, we have discussed the following points:



  • What Form 1 SCC A.M. No. 08 8 7 SC is and what it contains;



  • Who can file Form 1 SCC A.M. No. 08 8 7 SC and what are the requirements;



  • Where to get Form 1 SCC A.M. No. 08 8 7 SC and how to download it online;



  • How to fill out Form 1 SCC A.M. No. 08 8 7 SC and what are the general instructions and tips;



  • How to submit Form 1 SCC A.M. No. 08 8 7 SC and what are the filing and legal fees and the procedure and documents.



Call to action and contact information




We hope that this article has been helpful and informative for you. If you have any questions or concerns about Form 1 SCC A.M. No. 08 8 7 SC or small claims cases in general, please do not hesitate to contact us.


You can reach us by phone at (02) 1234-5678 or by email at info@legaladvice.ph. You can also visit our website at for more legal resources and services.


We are always ready and willing to assist you with your legal needs.


Frequently Asked Questions




Here are some of the frequently asked questions about Form 1 SCC A.M. No. 08 8 7 SC and small claims cases in general:


What is a small claim?




A small claim is a civil claim for payment of money only that does not exceed Php400,000 (or Php500,000 in Metro Manila) and that does not involve any real property or interest therein, or any declaratory relief, injunction, or accounting.


What are the advantages of filing a small claim?




Filing a small claim has several advantages, such as:



  • It is faster and cheaper than regular civil cases;



  • It does not require a lawyer or any legal representation;



  • It follows simplified and expedited procedures and rules;



  • It encourages the parties to settle their dispute amicably through mediation, conciliation, or arbitration;



  • It allows the parties to present their evidence and arguments personally and directly to the judge;



  • It results in a final and executory decision that cannot be appealed.



What are the disadvantages of filing a small claim?




Filing a small claim also has some disadvantages, such as:



  • It limits the amount and nature of your claim or claims;



  • It waives your right to appeal the decision of the court;



  • It exposes you to the risk of losing your claim or claims if you fail to comply with the requirements and procedures;



  • It requires you to prepare and present your own evidence and arguments without any legal assistance;



  • It may not resolve complex or contentious issues that require expert testimony or interpretation.



How long does it take to resolve a small claim?




The Rules on Expedited Procedures in the First Level Courts provide that a small claim should be resolved within 30 days from the date of receipt of Form 2 SCC A.M. No. 08 8 7 SC by the defendant or defendants.


This means that the hearing should be scheduled within 15 days from receipt of Form 2 SCC A.M. No. 08 8 7 SC, and the decision should be rendered within 15 days from the conclusion of the hearing.


However, this may vary depending on the availability of the court, the cooperation of the parties, and the complexity of the case.


Can I file more than one small claim against the same defendant or defendants?




No, you cannot file more than one small claim against the same defendant or defendants involving the same claim or claims.


This is considered as forum shopping, which is prohibited by law and may result in the dismissal of your claim or claims or the imposition of sanctions.


You can only file one small claim against the same defendant or defendants involving different claims that arise from different transactions or occurrences.


Can I withdraw my small claim after filing it?




Yes, you can withdraw your small claim after filing it, but only before the hearing starts.


You need to file a motion to withdraw your small claim with the court where you filed it, stating your reasons for doing so.


You also need to notify the defendant or defendants of your motion to withdraw your small claim by serving them a copy of your motion personally or by registered mail.


The court will grant your motion to withdraw your small claim if it finds it to be valid and proper.


If you withdraw your small claim after the hearing starts, you will be deemed to have abandoned your claim or claims and the court will dismiss them with prejudice.


44f88ac181


1 view0 comments

Recent Posts

See All

Comments


bottom of page