What every complainant and accused should understand

I. What is “cyberlibel” in Philippine law?

“Cyberlibel” is libel committed through a computer system or similar means, such as:

Facebook posts, comments, or messages
X (Twitter), TikTok, Instagram posts
Blog articles or online news items
Emails, group chats, and other online platforms

Its legal basis is:

Article 355 of the Revised Penal Code (RPC) – defines libel (public and malicious imputation that tends to dishonor, discredit, or put someone in contempt).
Republic Act No. 10175 (Cybercrime Prevention Act of 2012) – Section 4(c)(4) punishes libel committed through a computer system and generally imposes a higher penalty than “ordinary” libel.

The Supreme Court in Disini v. Secretary of Justice (G.R. No. 203335, 18 February 2014) upheld the constitutionality of cyberlibel (with some limitations).

However, the rules on filing fees for cyberlibel are not found in RA 10175. They are governed mainly by:

The Rules of Court, especially Rule 141 (Legal Fees)
Supreme Court Administrative Matters and circulars on legal fees
General rules on civil actions for damages and criminal actions with a civil aspect

II. Criminal vs. Civil: Why the distinction matters for filing fees

Any cyberlibel case can have two dimensions:

Criminal aspect – The State prosecutes the accused for the crime of cyberlibel.
Civil aspect – The offended party seeks damages (e.g., moral, exemplary, actual damages, attorney’s fees) arising from the defamatory act.

Filing fees are closely tied to the civil aspect.

For purely criminal complaints, filing fees are generally not required at the preliminary investigation stage.
For civil actions or civil claims for damages, filing fees are based on the amount claimed, as provided in Rule 141.

III. Where and how cyberlibel cases are initiated

Preliminary investigation (no court yet) A cyberlibel complaint usually starts with an affidavit-complaint filed before:
- Office of the City/Provincial Prosecutor (DOJ)
- National Bureau of Investigation – Cybercrime Division
- PNP Anti-Cybercrime Group (ACG)
Key point on filing fees here:
- As a rule, no court filing fees are paid at this stage because the case is not yet in court.
- There may be notarial fees, photocopy costs, and other incidental expenses, but these are not judicial filing fees.
Filing of Information in court (after finding of probable cause) If the prosecutor finds probable cause, an Information for cyberlibel is filed with a Regional Trial Court (RTC) designated as a cybercrime court (depending on locality).

Key point on filing fees here:
- The State, through the prosecutor, files the criminal case; the complainant does not pay docket fees for the criminal case itself.
- The court dockets the case as a criminal action.
Civil aspect of the criminal action The offended party may:
- Join the civil action with the criminal case (default rule), or
- Waive, reserve, or file a separate civil action.
The handling of filing fees depends heavily on this choice, which we’ll clarify below.

IV. Are there filing fees for the criminal cyberlibel case itself?

For the criminal case itself (the prosecution for cyberlibel):

No filing fee is typically required from the private complainant to initiate the criminal case with the prosecutor.
When the prosecutor files the Information in the court, the case is brought in the name of the People of the Philippines, and no docket fees based on damages are ordinarily charged to the offended party for the criminal aspect.

However:

If the accused or the complainant files appeals or special civil actions (e.g., petition for certiorari to challenge a prosecutor’s resolution or a trial court ruling), the one filing these must pay the corresponding appellate or special civil action filing fees (as per Rule 141 and appellate court fee schedules).

So, for most complainants:

You do not need to pay a “case filing fee” just to get the prosecutor to investigate and file a cyberlibel case.

What becomes crucial is the civil aspect for damages.

V. Filing fees for civil damages arising from cyberlibel

This is where filing fees usually come in.

You can pursue damages for cyberlibel in two main ways:

Separate civil action for damages
Civil action impliedly instituted with the criminal case (unless waived or reserved)

A. Separate civil action for damages (independent civil case)

If the offended party files a separate civil action for damages (e.g., “Civil Case for Damages based on Cyberlibel”), this is treated like any ordinary civil case.

The plaintiff (offended party) must pay filing/docket fees based on the total amount of monetary claims, including:
- Moral damages
- Exemplary damages
- Actual damages
- Attorney’s fees
- Other monetary claims

These are computed under Rule 141, which contains a sliding scale based on the amount of the claim (e.g., up to a certain amount, then additional per thousand pesos in excess, etc.).

Important points:

The basis for computation is the total amount claimed in the complaint, not just the “headline” amount of, say, moral damages.
If the amount is not specified or is unliquidated, the court may treat it under the category for actions where the subject is “incapable of pecuniary estimation” or follow specific guidelines; this affects how filing fees are computed.
Filing fees are paid to the Clerk of Court upon filing of the complaint.

Also expect other charges, such as:

Legal Research Fund (LRF)
Mediation fees (when the case is referred to court-annexed mediation)
Sheriff’s fees for service of summons and enforcement of writs

The exact peso amounts change from time to time as the Supreme Court updates Rule 141 and related circulars. For accurate figures, the Clerk of Court is the authoritative source.

B. Civil aspect joined with the criminal case

By default, when you file a criminal complaint for cyberlibel and the case goes to court, the civil action for damages is deemed instituted with the criminal action, unless:

The offended party waives the civil action, or
The offended party reserves the right to file a separate civil action.

Issues about filing fees arise when:

The offended party specifically alleges large amounts of damages in the criminal case and actively pursues civil liability.

Key principles (simplified):

For a long time, Philippine practice often treated the civil aspect in a criminal case as not requiring payment of filing fees by the offended party, especially if the case was initiated through the prosecutor.
However, jurisprudence and administrative rules have emphasized that when substantial monetary claims are asserted and actively pursued, the appropriate docket fees for the civil claim may be required, particularly when the civil claim is effectively treated as a full-blown civil action within the criminal case.

Practical takeaway:

If you want to fully pursue significant monetary claims (e.g., millions of pesos in moral and exemplary damages), expect the court to look for proper payment of legal fees under Rule 141, whether your civil action is in the same case or filed separately.
If no specific amounts are claimed, or you do not intend to press hard on civil damages, the court might not immediately require payment beyond ordinary criminal process costs – but this depends on the court’s interpretation and policy.

VI. Other fees and costs connected to cyberlibel cases

Even if there is no “filing fee” in the common sense for the criminal complaint, parties often encounter:

Lawyer’s professional fees
- Professional fees for drafting complaints, affidavits, attending hearings, etc.
- If awarded, attorney’s fees in the judgment are also part of the basis for the computation of filing fees in a civil action.
Notarial fees
- Affidavit-complaints, counter-affidavits, and supporting affidavits must usually be notarized.
Documentary and photocopying costs
- Printing screenshots, certified true copies, storage media with evidence (USBs, CDs), etc.
Bail bond (for the accused)
- If the accused applies for bail, the bond amount is based on recommended bail for cyberlibel, usually indicated in the DOJ bail schedules or court practice.
- This is not a “filing fee,” but it is a significant cost.
Appeal or special civil action fees
- If any party goes to the Court of Appeals or Supreme Court, there are appellate docket fees and other charges, again governed by Rule 141 and related rules.

VII. Indigent litigants and possible exemption from filing fees

The Rules of Court allow indigent litigants to be exempt from paying legal fees, subject to conditions.

Typically, a party may be considered indigent if:

Their gross income and that of their immediate family does not exceed certain levels set by the Supreme Court; and
They do not own real property exceeding a specified value.

To avail of this:

The litigant must secure a certificate of indigency from appropriate authorities (e.g., barangay, DSWD, or similar), or follow the requirements set in Rule 141 and related issuances.
When the court declares a party as an indigent litigant, they may be allowed to file the case without paying legal fees upfront.

However:

The court may direct that the filing fees be a lien on any monetary judgment in favor of the indigent litigant.
Exemption is not automatic; it requires supporting documents and court approval.

For cyberlibel-related civil claims, this can be crucial for complainants who cannot afford filing fees but need to claim damages.

VIII. Venue and jurisdiction: How they relate to fees

For criminal cyberlibel cases:

Jurisdiction is based on the penalty and on designated cybercrime courts (RTCs).
Venue is typically where the offended party resides or where the defamatory statement was published or accessed, subject to specific procedural rules on libel.

For civil cases for damages:

Venue and jurisdiction over the civil action can affect filing fees indirectly:
- Venue – where the offended party or defendant resides, or where the cause of action arose.
- Jurisdiction over the amount – which court (MTC/MeTC/MTCC vs. RTC) handles the case is usually tied to the amount of the claim, with corresponding differences in fee schedules.

Thus, when preparing to file a civil action for cyberlibel damages:

The amount you claim helps determine:
- Which court you’d file in; and
- How much you pay in filing fees.

IX. Common misconceptions about cyberlibel filing fees

“You must pay a big fee just to file a cyberlibel complaint with the prosecutor.”
- Not correct. Filing with the prosecutor’s office, NBI, or PNP for criminal investigation does not require court filing fees.
“If I have no money, I cannot file a cyberlibel case at all.”
- For the criminal aspect, you can still pursue a complaint without court filing fees.
- For civil claims for damages, filing fees apply, but you may explore indigent litigant status or seek help from PAO or other legal aid groups if qualified.
“Since it’s a criminal case, I can claim any amount of damages without paying filing fees.”
- Not necessarily. If you actively pursue substantial civil monetary claims, proper filing fees may be required either when a separate civil case is filed or when the civil aspect is effectively litigated.
“The filing fee is fixed for all cyberlibel cases.”
- Incorrect. Filing fees for civil claims depend on how much you are claiming and on the current Rule 141 schedule.

X. Practical guidance for complainants and accused

For complainants:

Decide early whether you:
- Only want the criminal case (punishment), or
- Also want to pursue substantial damages.
If you plan to claim large damages:
- Be ready to pay filing fees based on the total amount of your claims, either in a separate civil complaint or in connection with the civil aspect of the criminal case.
- Consult the Clerk of Court to get the current fee schedule under Rule 141.
Keep all receipts for any fees paid and maintain a clear record.

For accused persons:

Understand that the complainant may have:
- A criminal case (with no required filing fee on their part), and/or
- A civil claim for damages where filing fees are paid.
Your counsel can:
- Check if the proper filing fees have been paid for any large civil claims.
- Raise issues of jurisdiction or validity of the civil aspect if filing fees were not properly paid.

XI. Final reminders

Cyberlibel case filing fees in the Philippines primarily concern the civil aspect, especially claims for damages.
Criminal complaints and Informations are generally not conditioned on the payment of filing fees by the offended party.
Exact fee amounts depend on the current version of Rule 141 and related Supreme Court issuances, which are periodically updated.
For anyone seriously considering filing or defending a cyberlibel case, it is essential to consult a Philippine lawyer or the Clerk of Court to obtain the most accurate and updated fee information, and to craft a strategy that balances criminal accountability and civil compensation.