File case of small claims vs. lessor

File case of small claims vs. lessor "Good day! I had a lease contract when my sister advised me to look for a condominium that they can rent when they planned to have a vacation here in the Philippines.As I was the one who is here, the lessor advised me that my name will be used in the contract although my sister will be their tenant. In the contract, it is a requirement that we pay the security deposit (P15,000) that is refundable within 3 days after moving out. My sister went back to Bermuda but until now, no refund for the security deposit was given. I was in contact with the lessor and we agreed that she’ll give the difference, as I was waiting for the actual charge of electric bill. The security deposit will also be the amount to be used to pay the water and electric bill. But until now, no refund was given to me yet. I texted and called her to follow-up but she responded that it was cancelled and that she’ll no longer give it to me. She said that it was because of the blog that my sister’s husband is posting against her for not giving back the money right away.I would like to inquire if there’s a case that I can file against the lessor? I still have the contract with me and though it will be an extra work for me even if the difference is not that high, I am thinking that we have a contract that we need to abide. And if there will be a case, where to file it and how? Thank you. I appreciate your kind response.Beth Dear Beth,You may file a case for small claims before the Metropolitan or Municipal Trial Court of the place where you or your lessor resides, at your option. You may file the said case because the amount you are claiming does not exceed one hundred thousand pesos (P100,000.00). The Supreme Court has recently approved The Rule of Procedure for Small Claims Cases to govern the procedure in the filing of said claims before the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts. The primary purpose of this rule is to give more aid to litigants especially the poor ones to have a more expeditious manner of obtaining redress from the courts.The said rule provides that it is applicable “…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 action, or reserved upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules of Criminal Procedure.These claims or demands may be (a) For money owed under any of the following1. Contract of Lease2. Contract of Loan3. Contract of Services4. Contract of Sale or5. Contract of Mortgage(b) For damages arising from any of the following1. Fault or negligence2. Quasi-contract or3. Contract(c) The enforcement of a barangay amicable settlement or an arbitration award involving a money claim covered by this Rule pursuant to Sec. 417 of Republic Act 7160, otherwise known as the Local Government Code of 1991” (Section 4, A.M. No. 08-8-7-SC, The Rule of Procedure for Small Claims Cases). The said claim must not exceed one hundred thousand pesos (P100,000.00).To initiate such a claim, you simply have to fill out a form stating the ultimate facts of your case in duplicate. Such forms must be verified and a certificate of non-forum shopping must be attached to attest that you have not instituted or do not have any knowledge of any other action pertaining to the same claim before any other court or tribunal. All pieces of evidence in support of the claim filed should likewise be attached to said form (Section 5, A.M. No. 08-8-7-SC, The Rule of Procedure for Small Claims Cases).The payment of the required docket fee for the filing of such claim is mandatory for the claim to be given due course. The plaintiff, upon application may be exempted from the payment of the docket fees but in no case shall be exempted from the payment of one thousand pesos (P1,000.00) which covers the expenses for service of summons and processes in civil cases (Section 8, A.M. No. 08-8-7-SC, The Rule of Procedure for Small Claims Cases).It is worthy to note that the rule prohibits the appearance and representation of a lawyer on behalf of a plaintiff or defendant. Thus, no lawyer is allowed during the proceedings unless the lawyer himself/herself is the plaintiff or the defendant. In case, however, that the court determines that the plaintiff or defendant needs assistance to present his/her side, the court may allow a non-lawyer to assist the same after obtaining the consent of the party concerned (Section 17, A.M. No. 08-8-7-SC, The Rule of Procedure for Small Claims Cases).Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/