Court Fees for the First Hearing in an Act of Lasciviousness Case: A Comprehensive Guide in the Philippine Legal Context

Introduction to Act of Lasciviousness Under Philippine Law

In the Philippines, an "Act of Lasciviousness" refers to a criminal offense involving lascivious conduct toward another person, typically without penetration, distinguishing it from more severe sexual assault charges like rape. This crime is primarily governed by two key legal frameworks:

Article 336 of the Revised Penal Code (RPC): Defines acts of lasciviousness as committing any act of lasciviousness upon a person under 12 years of age or upon a person over 12 but deprived of reason or unconscious, punishable by prision correccional (imprisonment ranging from 6 months and 1 day to 6 years).
Section 5(b) of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act): Elevates the offense when committed against a child (under 18 years old) or one incapable of self-defense due to physical or mental disability. The penalty is reclusion temporal (12 years and 1 day to 20 years imprisonment), making it a grave felony. This provision takes precedence over the RPC for child victims.

These cases are public crimes, meaning they are prosecuted by the State through the Office of the Prosecutor and Department of Justice, rather than solely by private complainants. Jurisdiction typically lies with the Regional Trial Court (RTC), designated as a Family Court where applicable, under Republic Act No. 8369 (Family Courts Act).

The "first hearing" in such a case generally refers to the arraignment—the initial court proceeding where the accused is formally charged, apprised of rights, and enters a plea (guilty or not guilty). This stage sets the procedural tone and occurs shortly after the information (formal charge) is filed by the prosecutor.

Court fees in Philippine litigation are regulated by Rule 141 of the Rules of Court (as amended by A.M. No. 04-2-04-SC and subsequent issuances), which outlines docket fees, legal fees, and other charges. For criminal cases like acts of lasciviousness, the fee structure is notably lenient, reflecting the public interest in protecting victims, especially children.

General Rule: No Court Fees for State-Prosecuted Criminal Cases

Under Section 7(a) of Rule 141, no docket or legal fees are required in criminal cases where the offended party is the Republic of the Philippines (i.e., cases prosecuted by the government). Acts of lasciviousness fall squarely within this category:

The State bears the prosecution burden, filing the information free of charge.
At the first hearing (arraignment), no fees are imposed on the prosecution, defense, or court processes directly tied to this stage.
This exemption extends to ancillary proceedings like the issuance of warrants of arrest or commitment orders, which are integral to the initial hearing.

This policy underscores the constitutional mandate under Article III, Section 16 of the 1987 Philippine Constitution to ensure speedy and accessible justice, particularly in crimes against vulnerable groups.

Exceptions and Scenarios Where Fees May Apply

While the general rule is fee exemption, certain scenarios could trigger minimal or indirect fees at the first hearing:

Private Complaints or Countercharges:

If the case originates as a private complaint (rare for acts of lasciviousness, as it is a public crime), the complainant must pay filing fees under Section 7(b) of Rule 141. These are computed based on the imposable penalty:

Penalty Range	Filing Fee (PHP)
Death or reclusion perpetua	4,000.00
Reclusion temporal (as in RA 7610 cases)	2,000.00
Prision mayor or reclusion temporal (minimum)	1,500.00
Prision correccional (as in RPC cases)	1,000.00

At the first hearing, if the private complaint leads to arraignment, additional sheriff's fees (PHP 100–500 for service of summons or warrants) may apply.

Indigent Litigants and Exemptions for Victims:
- Section 21 of Rule 141 exempts indigent parties (those earning less than PHP 20,000–40,000 gross monthly income, depending on location) from all fees, including any incidental costs at the first hearing. A Certificate of Indigency from the Department of Social Welfare and Development (DSWD) or local government suffices.
- Victims of child abuse under RA 7610 enjoy broader exemptions under Section 22 of Rule 141, which waives fees for "indigent litigants in actions involving violence against women and their children" (extended by analogy to child sexual offenses via RA 9262's Anti-VAWC provisions). This includes:
  - No fees for arraignment-related processes.
  - Free issuance of subpoenas, notices, or protective orders.
- The Integrated Bar of the Philippines (IBP) or Public Attorney's Office (PAO) provides free legal representation, further eliminating costs.
Incidental or Administrative Fees:
- Even in exempt cases, nominal fees may arise for non-essential services at the first hearing:
  - Stenographer's fee: PHP 300 per hearing (waived for indigent parties under Section 10).
  - Sheriff's mileage fee: PHP 70–100 for serving notices outside the court's territorial jurisdiction.
  - Copying fees: PHP 4–10 per page for certified true copies of the information or minutes, if requested by parties.
- These are collected by the Clerk of Court and deposited as judiciary funds.

Procedural Flow at the First Hearing and Fee Implications

To contextualize fees, here's the typical sequence at the arraignment (first hearing):

Pre-Arraignment (Filing of Information): Prosecutor files the information gratis. No fees.
Issuance of Warrant: Judge issues arrest warrant without fee. Bail computation (if applicable) involves no court fee, but the accused posts cash/property bond via the RTC Cashier's Office (administrative, not a "court fee").
Arraignment Proper:
- Reading of charges and plea entry: No fees.
- If the accused pleads guilty, sentencing follows immediately—no additional hearings or fees.
- If not guilty, pre-trial is set; any scheduling orders are fee-free.
Post-Arraignment Incidents: If a motion to quash is filed at this stage (rare), the movant pays PHP 1,000 under Section 19, unless exempt.

Delays or continuances at the first hearing do not incur fees, but repeated absences could lead to administrative sanctions rather than monetary penalties.

Special Considerations for Child Victims

Given RA 7610's child-centric focus:

Child-Friendly Procedures: Under the Rule on Examination of Child Witnesses (A.M. No. 004-07-SC), the first hearing may involve in-camera (private) proceedings or live-link testimony to shield the child. These accommodations are provided at no cost.
Support Services: The Department of Justice's Witness Protection Program (under RA 6981) covers transportation and incidental expenses for the complainant, indirectly offsetting any potential fees.
Civil Aspects: If a separate civil action for damages is consolidated (mandatory under Rule 111, Section 1), damages claims (e.g., moral, exemplary) do not trigger additional fees at the criminal first hearing but may require docket fees (PHP 1,000–2,000) if filed independently.

Recent Developments and Reforms (Up to 2025)

As of September 2025, no major amendments to Rule 141 specifically target acts of lasciviousness cases. However:

The Supreme Court's 2023 Circular on Digitalization of Court Processes (A.M. No. 22-09-01-SC) allows e-filing of informations, eliminating physical processing fees.
Advocacy from the Philippine Commission on Women and UNICEF has pushed for full fee waivers in all gender-based violence cases, influencing broader interpretations of Section 22 exemptions.
In high-profile cases (e.g., those involving public figures), courts have waived even nominal fees to expedite proceedings, aligning with the Speedy Trial Act (RA 11462).

Practical Advice for Stakeholders

For Complainants/Victims: Approach the nearest prosecutor's office immediately—no upfront costs. Request PAO assistance for representation.
For Accused Persons: If in custody, the first hearing occurs within 30 days of arrest (per Rule 116); fees are irrelevant as the State covers them.
Litigants Seeking Exemptions: File a motion for exemption with supporting documents before the hearing to avoid delays.
Legal Researchers/Advocates: Consult the latest Supreme Court issuances via the Judiciary's e-Library, as Rule 141 is periodically adjusted for inflation (last in 2022, increasing fees by 10%).

In summary, court fees for the first hearing in an act of lasciviousness case are effectively nonexistent due to the public nature of the offense and robust exemptions for victims. This structure prioritizes access to justice, ensuring that financial barriers do not deter the prosecution of these heinous acts. For case-specific advice, consult a licensed attorney or the PAO, as individual circumstances may vary.