Below is a practitioner-style explainer that pulls together every major expense you are likely to meet when petitioning for annulment or declaration of nullity of marriage in the Philippines (Family Code, Arts. 35–45; Rule 73-78, Rules of Court; A.M. 02-11-10-SC). It is organised so you can (1) understand the mandatory court-imposed fees, (2) budget realistically for professional and incidental costs, and (3) spot the limited situations where you may ask the court to waive or reduce payment. Figures are expressed in Philippine pesos (PHP). Where fees are fixed by rule or circular, I quote them; where they fluctuate, I give prevailing market ranges as of May 2025.
1. Statutory & Court-Collected Fees
| Fee | Source / Legal Basis | Amount & How It Is Computed | When Payable |
|---|---|---|---|
| Filing (docket) fee | Rule 141, Sec. 7(a) & (b)(1), Rules of Court (latest revision: Adm. Matter 04-2-04-SC, effective 2020) | ₱3,000 base for a Family Court action without a money claim; +₱200 Legal Research Fund (RA 3870 as amended); +₱500 Mediation Fund (A.M. 11-1-06-SC). | Upon filing the verified petition in the Office of the Clerk of Court, RTC-Family Court. |
| Archive & records management fee | OCA Circular 113-2022 | ₱50 per petition | With docket fee |
| Sheriff’s service & transportation | Rule 141, Sec. 10 | Deposit ₱5,000–₱8,000 (unused balance is refunded). Covers personal or substituted service of summons, notices & levy for cost execution. | Before summons are issued |
| Publication (if respondent cannot be personally served) | Family Code Art. 45-47; Rule 14, Sec. 6; OCA Cir. 126-2020 | Publication of summons once a week for 2 consecutive weeks in a newspaper of general circulation approved by the court. ₱10,000–₱18,000 in Metro Manila; lower in provinces. | Within 5 days of the court order authorising publication |
| Transcript of stenographic notes (TSN) | Rule 141, Sec. 11 | ₱4.00 per page for the first copy; ₱2.00 for each additional copy. Full trial transcript in contested cases can run ₱4,000–₱8,000+. | As each witness is presented |
| Exemplified copy of the decree | Rule 141, Sec. 7(c); PSA fees | Court: ₱150–₱300 per copy; PSA: ₱365-online / ₱210-walk-in (CENOMAR post-annulment) | After decision becomes final |
Indigent Litigants / In Forma Pauperis
- If your gross income does not exceed double the monthly minimum wage and you own no real property worth more than ₱300,000, you may file an affidavit of indigency (Rule 141, Sec. 19). The court or the Clerk of Court may then defer or waive all filing, sheriff and transcript fees.
- Public Attorney’s Office (PAO) representation is likewise income-tested (PAO Operations Manual, 2021).
2. Professional Fees (Not fixed by rule)
| Expense | Typical 2025 Range | Notes |
|---|---|---|
| Lawyer’s professional fee | ₱80,000–₱350,000 for the entire case, often charged: (a) fixed package, or (b) acceptance + appearance fee (₱3,000–₱7,000/hearing). High-complexity cases (foreign spouse, bigamy, psychological incapacity with hostile cross) can reach ₱500,000+. | Legal fees are unregulated but must be “reasonable” under Canon III, Code of Professional Responsibility & Accountability (CPRA, 2023). Always demand a written engagement contract. |
| Psychological evaluation & expert testimony (Art. 36 cases) | ₱20,000–₱60,000 Metro Manila; ₱15,000–₱35,000 provincial. Some clinics charge a per-party rate (i.e., petitioner only) + ₱5,000–₱15,000 for court attendance. | Not mandatory in Art. 36 petitions since Molina guidelines were relaxed, but still persuasive evidence. |
| Notarial & document authentication | ₱200–₱500 per document | Verification, SPA for counsel, affidavits of witnesses |
| Counselling & parent education program | ₱2,500–₱5,000 (if outsourced) | Required under A.M. 02-11-10-SC; many courts conduct it in-house for free. |
3. Third-Party & Incidental Costs
| Item | Est. Cost | Why Needed |
|---|---|---|
| PSA copies of marriage certificate & CENOMAR | ₱365 each (online, courier); ₱155–₱210 walk-in | Attached to petition |
| NBI & police clearances (respondent whereabouts unknown) | ₱130–₱250 | To support motion for leave to serve by publication |
| Postal money orders / bank drafts (if paying fees remotely) | Varies by amount | Electronically filed petitions pilot-courts |
| Travel & lodging for witnesses | Highly case-specific | Petitioner shoulders costs unless witness voluntarily appears |
| Bond for foreign publication & apostille | ₱3,000–₱8,000 | If service abroad (Art. 26(2) marriages) |
4. How the Total Budget Usually Adds Up
- Simplest uncontested petition (no psychological incapacity evidence, respondent cooperative, no publication):
≈ ₱ 40,000 – ₱ 80,000 all-in. - Average Art. 36 case with psych report, 3–4 hearings, publication once:
≈ ₱ 160,000 – ₱ 250,000. - High-conflict or foreign-element cases:
₱ 300,000 + is common.
Remember: attorney’s fees alone often exceed the sum of all court-collected charges.
5. Timing of Payments
- Lump-sum on filing: docket, LRF, mediation, archive, initial sheriff’s deposit, document annexes (₱8 k – ₱12 k).
- Within 30 days of admission of petition: psychological evaluation (if any).
- During pre-trial: balance of sheriff’s deposit, publication order.
- Each hearing: appearance fees, transcript advances.
- Post-decision: copy fees, PSA annotation, possible sheriff’s execution (costs award).
Courts will not proceed without full payment of docket fees and sheriff’s deposit because these are jurisdictional and operational, respectively.
6. Ways to Control or Reduce Costs
- Indigency waiver / deferment (Rule 141, Sec. 19).
- PAO representation (if income-qualified).
- University-based legal aid clinics (UP, San Beda, Ateneo, USJ-R, etc.).
- Stipulation of facts & judicial affidavit rule to cut hearing days and TSN fees.
- Single-expert approach: parties jointly engage one psychologist to avoid duelling experts.
- Early settlement on custody & property (separate petitions) so the nullity case stays uncontested.
- Remote testimony under A.M. 20-12-01-SC (videoconferencing) to spare travel and sheriff’s mileage.
7. Consequences of Non-payment
- Dismissal without prejudice if the initial docket fee is not fully paid within the reglementary period (Sun Insurance v. Asuncion, G.R. 79881, Feb 13 1989).
- No sheriff’s service until deposit is replenished; delays service and suspends periods.
- No entry of judgment / release of decree until copy fees are settled.
- Possible contempt for obstinate refusal to pay costs already adjudged (Rule 71, Sec. 3).
8. Frequently Asked Questions
| Question | Short Answer |
|---|---|
| Can I pay by instalment? | The court may allow staggered payment of sheriff’s deposit and transcripts, but not the docket fee—this must be paid in full at filing unless you qualify as an indigent. |
| Are annulment fees different from “legal separation” fees? | Filing fees are identical; professional fees differ because legal separation normally involves child support and conjugal asset issues, increasing lawyer time and publication requirements. |
| Is there a separate fee for children’s custody? | No. Custody is litigated incidentally in the same petition, but additional psychologist or social worker fees may arise if the court orders a Child Study Report. |
| If I win, can I recover costs from my spouse? | Yes, but only actual and allowable costs may be awarded (Rule 142, Sec. 1). Attorney’s fees are a matter of judicial discretion and rarely exceed ₱50,000 even when granted. |
9. Checklist Before You File
- Compute your docket & deposit (use tables above).
- Secure PSA documents (marriage cert, CENOMAR).
- Gather proof of grounds (psych report, birth certificates, witness affidavits).
- Line up your budget for at least 12–18 months of proceedings (average duration).
- Ask counsel for a written fee schedule with milestones and refund/withdrawal terms.
- If low-income, prepare affidavit of indigency + supporting Barangay Certificate, ITR or payslips.
- Attend mandatory counselling (if court-run) early to avoid resets.
Bottom-line
While the official court fees for an annulment petition can look modest—often under ₱10,000 at the outset—the real-world spending is dominated by professional services (lawyers, psychologists, publication) and logistical outlays that can multiply the sticker price ten- to twenty-fold before you hold the final decree. Careful planning, candid discussions with counsel, and (where eligible) invoking indigency rules are the keys to avoiding cost overruns.
This article is informational and does not create a lawyer-client relationship. For advice on your specific circumstances, consult qualified Philippine counsel or the Public Attorney’s Office.