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“Wanted sa Radyo” with Raffy Tulfo is a show where Filipinos air out their grievances and issues against other people in hopes that 1/3 of the polarizing Tulfo Brothers can help them sort it out—while the whole nation listens or watches.
Issues range from something as simple as an unpaid debt (which we’ll get to later) to allegations of crime often between kin.
The show is so successful that many Filipinos from all walks of life tune in on the radio, TV or even YouTube, where Tulfo’s channel has over 16 million subscribers.
Why is Tulfo and his brand of justice so appealing to Filipinos?
Legal assistance not found
Francis Baraan IV, a human rights activist and the son of former Justice Undersecretary Francis Baraan III, has a theory. In a critical tweet, Baraan says it’s a result of the country’s “lousy legal system” that leaves underprivileged Filipinos to resort to “opportunist charlatans instead of turning to professionals for help.”
Tulfo is neither a judge nor a lawyer. He is just another Jerry Springsteen using others for clout, cheap entertainment, & ad money.
This is what happens w/ countries w/ lousy legal system–desperate men turn to opportunist charlatans—instead of turning to professionals—for help.
— Francis Baraan IV (@MrFrankBaraan) October 22, 2020
Despite fair criticism online (mostly that Baraan can afford not to rely on and even discredit an average Filipino’s “savior” because he has the money to hire lawyers), Baraan’s statement bears some truth.
According to the World Justice Project 2018 Survey, only 20 percent of Filipinos were able to access legal assistance. The most common reason why Filipinos cannot avail of legal service is that it’s expensive, a United Nations Development Programme survey found.
“The people susceptible to these [lack of access to legal assistance] are OFWs (10.23M), PWDs (953,000), SMEs (1M) and indigent clients,” the survey added. This demographic also happens to be Tulfo’s top “clientele.”
Of course, there are now legal groups and lawyers offering free assistance. But only a few Filipinos know they exist. And even if they do, sometimes—especially during the pandemic—even the line of communication (email, telephone, etc.) is inaccessible to everyday folks.
[READ: Need reminding on your basic rights? There’s an app for that]There’s also the legal language barrier. Because the law is often veiled in hifalutin words, many are unable to grasp the case they’ve been served with or even something as simple as their rights, legal obligations or even the proceedings of a contract they’ve signed into.
Most are even unaware that in some civil cases, you don’t even need a lawyer—although it helps, of course.
How to collect debt without a lawyer
One of these instances is when you are collecting payment for an unpaid debt in a small claims court. Yes, even utang is covered by civil law. This is especially important now in this financially-challenging time. Whereas in a normal time you would usually put off collecting payment, because we are all struggling to keep afloat, it is perfectly reasonable to go after a long-overdue debt.
A small claims case is an action before a first-level court for payment of a sum of money, not exceeding P300,000 exclusive of interest and costs. In 2016, the Supreme Court amended the Rules of Procedure for Small Claims Cases, allowing individuals to file a case before a Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities, Municipal Trial Courts or Municipal Circuit Trial Courts even without counsel.
If you are looking to file a small claims action sans representation, Villasis Law Center (VLC) founder and University of Manila College of Law associate dean Christian G. Villasis has a little primer:
Covered and considered as small claims are (a.) sum of money owed through contracts of loan, services, sale or mortgage; (b.) liquidated damages arising from contracts; and (c.) enforcement of a barangay amicable settlement or an arbitration award involving a money claim.
To start, the plaintiff will need to file a duly accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping (Form 1-A-SCC), and two duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim.
If you are in the business of lending money and are looking to file many small claims, you will need to prepare cash, too for filing. The maximum docket and legal fee per small claim action is P3,500. This increases progressively and cumulatively depending on the number of claims.
The rest of the rules of procedure for small claims can be found here.
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Read more:
So you want to sell preloved stuff online to earn extra? Here’s how to get started
Don’t use the pandemic as a sorry excuse to disregard human rights
Need reminding on your basic rights? There’s an app for that
Writer: CHRISTIAN SAN JOSE
