“Dear IBP, Akong gipautang akong ex boyfriend og pa 80,000 kay ipangbayad pud niya sa iyang utang sa iyang boss. Wala miy kasulatan kay siyempre i trust and loved him before. Karon nagbulag mi and wala ko niya gibayaran na for 3 years na ang nilabay. I keep sending him a message to pay me back but he blocked me. I only have our messenger conversation screenshots as proof nga nangutang siya sa akin. Ang pangutana nako atty, pwede ba gamiton ang screenshots as proof sa korte, og unsa ba akong dapat himuon legally para mobayad na siya sa iyang utang?”
The Broken Hearted Creditor
Dear Broken-Hearted Creditor,
First of all, a trust worthy and broken heart does not extinguish any payment of debt. As provided under Article 1233 of the New Civil Code of the Philippines, “payment, [which is one of the means of extinguishing an obligation] shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered as the case may be.”
Thus, in your case, not only was your debtor ex boyfriend obligated to take care of your love and not break your heart but he had the obligation to repay his loan of PHP 80,000.00 regardless of the trust and love that you gave him.
Considering that your case involves a payment of a sum of money (i.e. a contract of loan) that does not involve a sum exceeding Four Hundred Thousand Pesos (PHP 400,000) or Three Hundred Thousand Pesos (PHP 300,000.00), depending on where you reside then your case falls within the Small Claims Court which maybe filed in the city where either you or your ex-boyfriend resides for a small claims case is commenced by the filing with the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Courts an accomplished and verified Statement of Claim, accompanied by the Certification of Non-Forum Shopping Splitting a Cause of Action and Multiplicity of Suits and two (2) duly certified photocopies of the actionable document/s subjects of the claim, as well as the affidavits of witnesses and other pieces of evidence to support the claim (Section 6 of the Revised Rules of Procedure for Small Claims Cases, as amended by Republic Act No. 7691). Notably, you do not need a lawyer to represent you when it comes to Small Claims, as you can represent yourself as this is a Summary Procedure.
Since you stated that you have screenshots to prove the contract of loan, then under the Rules on Electronic Evidence, a screenshot of your conversation about the contract of loan can be considered as an electronic data message or evidence to prove your contract of loan and, consequently, his non-payment as an obligation which your ex-boyfriend still has towards you.
Do not let your love, and your broken heart dismay you for you still may find justice through the Small Claims Courts, our dear broken-hearted creditor. Once your debt is proven, and no payment has been made, hopefully your broken heart will be mended as quickly as this Summary Procedure will end.
(The above legal opinion is based solely on the appreciation of the facts and problem given and stated above. The opinion may vary when other facts, circumstances, and situations are stated. For more information and for further queries, you may contact the Legal Aid Office of the Integrated Bar of the Philippines Davao City Chapter at ibpdavao@gmail.com.)
