Docket Fees for Revival of Small Claims Action in the Philippines

Introduction

In the Philippine legal system, small claims actions provide an expedited and cost-effective mechanism for resolving minor monetary disputes. Governed primarily by A.M. No. 08-8-7-SC (The Rule of Procedure for Small Claims Cases), as amended, these cases cover claims for payment of money not exceeding PHP 400,000 (exclusive of interest and costs) in Metropolitan Trial Courts (MeTCs), Municipal Trial Courts in Cities (MTCCs), Municipal Trial Courts (MTCs), and Municipal Circuit Trial Courts (MCTCs). The process is designed to be simple, with no formal pleadings beyond a Statement of Claim, no lawyers required, and decisions that are final and executory.

However, the concept of "revival" in this context typically does not refer to reinstating a dismissed small claims action (which is usually handled by refiling if dismissed without prejudice) but rather to reviving a dormant judgment. A small claims judgment, like any civil judgment, can become unenforceable by motion after five years from its entry. To enforce it thereafter (but before the 10-year prescription period expires), an independent action for revival must be filed. This article comprehensively explores the docket fees associated with such revival actions in the Philippine context, including the legal basis, computation, procedural requirements, and related considerations.

Legal Basis for Revival of Judgment

The revival of a judgment is rooted in Rule 39, Section 6 of the 1997 Rules of Civil Procedure, which states:

A final and executory judgment or order may be executed on motion within five (5) years from the date of its entry. After the lapse of such time, and before it is barred by the statute of limitations, a judgment may be enforced by action. The revived judgment may also be enforced by motion within five (5) years from the date of its entry and thereafter by action before it is barred by the statute of limitations.

This provision applies to small claims judgments, as they are final and executory upon rendition (Section 23 of the Small Claims Rule: "The decision shall be final, executory, and unappealable"). The entry of judgment occurs immediately after the decision is served on the parties, without the need for a formal entry as in regular cases.

The statute of limitations for enforcing a judgment is 10 years from the date it becomes final (Article 1144(3) of the Civil Code). Thus, revival is necessary if execution by motion is no longer viable after five years, but the action must be filed within the 10-year period.

Revival is distinct from refiling a dismissed small claims action. If a small claims case is dismissed without prejudice (e.g., due to the plaintiff's non-appearance under Section 13 of the Small Claims Rule), it can be refiled as a new small claims action, subject to paying fresh docket fees. However, this is not "revival" in the technical sense but a new commencement. True revival pertains to enforcing a lapsed but valid judgment.

Nature of the Revival Action

An action to revive a judgment is an independent civil action, not a mere continuation of the original case. It is treated as an ordinary action for sum of money or enforcement, not under the simplified small claims procedure. The Supreme Court has clarified in cases like Philippine National Bank v. Asuncion (G.R. No. L-46044, November 23, 1977) and Republic v. Court of Appeals (G.R. No. 116372, July 5, 1996) that revival is a new suit where the plaintiff must prove the existence of the original judgment and its non-satisfaction.

Key characteristics:

Jurisdiction: Lies with the first-level courts (MeTC, MTCC, MTC, MCTC) if the original judgment amount (exclusive of interest and costs) does not exceed PHP 400,000, consistent with small claims thresholds. If the amount exceeds this due to accrued interest or other factors, it may fall under Regional Trial Court (RTC) jurisdiction.
Venue: As a personal action, venue is the residence of the plaintiff or defendant, at the plaintiff's election (Rule 4, Section 2 of the Rules of Court). It may also be filed in the court that rendered the original judgment for practical reasons, though not mandatory.
Procedure: Follows the regular Rules of Civil Procedure, including summons, answer, pre-trial, trial, and judgment. It cannot use the small claims form or expedited process, as revival does not fall under the enumerated causes in Section 4 of the Small Claims Rule (e.g., contracts of lease, loan, services, sale, or mortgage).
Pleading: Filed as a verified complaint titled "Action to Revive Judgment," attaching the original small claims decision as evidence. The prayer seeks a new judgment reviving the old one, allowing fresh execution.

Docket Fees: Computation and Payment

Docket fees (also referred to as filing or legal fees) are mandatory for the court to acquire jurisdiction over the revival action. As emphasized in Heirs of Bertuldo Hinog v. Melicor (G.R. No. 140954, April 12, 2005), non-payment or underpayment of docket fees in money claims prevents jurisdiction from attaching, potentially leading to dismissal.

Since the revival action is ordinary and not small claims, fees are computed under Rule 141 (Consolidated Revised Guidelines in the Assessment and Collection of Legal Fees) of the Rules of Court, specifically Section 7(a) for first-level courts. The fee is based on the principal amount of the judgment sought to be revived (exclusive of interest, damages, attorney's fees, litigation expenses, and costs), treating it akin to a new claim for that sum.

The fee schedule under Rule 141, Section 7(a) for MeTCs, MTCCs, MTCs, and MCTCs is as follows:

Amount of Judgment (Exclusive of Interest and Costs)	Docket Fee
Not more than PHP 20,000	PHP 500
More than PHP 20,000 but not more than PHP 100,000	PHP 1,000
More than PHP 100,000 but not more than PHP 200,000	PHP 1,500
More than PHP 200,000 but not more than PHP 300,000	PHP 1,750
More than PHP 300,000 but not more than PHP 400,000	PHP 2,000

Additional Considerations on Fees:

Inclusive of Basic Components: The above amounts cover the basic docket fee. However, actual payment may include allocations to the Judiciary Development Fund (JDF under Section 3), Special Allowance for the Judiciary Fund (SAJF under Section 4), and other minimal fees (e.g., PHP 30 for sheriff's trust fund). In practice, for a PHP 150,000 judgment, the total payable might be around PHP 1,500 (docket) plus nominal add-ons, totaling approximately PHP 1,560–1,600, depending on local court practices.
No Additional Small Claims Exemptions: Unlike original small claims filings, where only docket fees are required (no mediation fees, no fees for motions or execution under Section 5 of the Small Claims Rule), revival actions incur standard costs for regular proceedings, including possible sheriff's fees for service of summons (Section 10) and execution fees if successful.
Interest and Accessories: If the original judgment includes accrued interest, only the principal is used for fee computation. However, the complaint may claim post-judgment interest (legal rate of 6% per annum under BSP-MB Circular No. 799, Series of 2013), but this does not affect the docket fee base.
Indigent Litigants: Under Rule 141, Section 19, a party may be exempted if declared indigent by the court upon application. This requires an affidavit of indigency and proof of inability to pay. For small claims revival, this is available, mirroring the original small claims provision (Section 5).
Overpayment or Underpayment: Fees must be paid upon filing. Underpayment leads to jurisdictional defects (dismissible motu proprio), while overpayment can be refunded or credited.
Comparison with Original Small Claims Fees: Notably, docket fees for the original small claims action are identical to the above schedule (as per Section 5 of the Small Claims Rule, cross-referencing Rule 141). Thus, reviving a judgment costs the same as filing the original claim, assuming the principal amount remains unchanged.

Procedural Steps and Timeline

Verify Dormancy: Confirm the judgment is over five years old but within 10 years from entry.
Prepare Complaint: Include details of the original small claims case, judgment copy, proof of non-satisfaction, and computation of any accrued interest.
Pay Fees: At the clerk of court, based on the schedule above.
File and Serve: File in the appropriate first-level court; summons issued to the judgment debtor.
Trial and Decision: Follow regular procedure; if granted, the revived judgment allows execution by motion for another five years.
Execution: Post-revival, enforce via writ of execution, potentially garnishing assets or property.

Potential Issues and Jurisprudence

Prescription: Missing the 10-year window bars revival (e.g., Development Bank of the Philippines v. Court of Appeals, G.R. No. 129471, April 28, 2000).
Jurisdictional Amount: If post-judgment interest pushes the total claim beyond PHP 400,000, file in RTC, with higher fees under Rule 141, Section 7(b) (starting from PHP 2,500 for claims up to PHP 400,000, plus percentages for excess).
Abuse Prevention: Revival cannot be used to alter the original judgment; it's strictly for enforcement.
Case Law on Fees: In Villanueva v. Court of Appeals (G.R. No. 99300, January 27, 1992), the Court ruled that docket fees for revival are assessable on the judgment amount, emphasizing strict compliance.

Conclusion

The docket fees for reviving a small claims judgment in the Philippines are straightforward but critical, computed under Rule 141 based on the original principal amount, ranging from PHP 500 to PHP 2,000 for amounts up to PHP 400,000. This process ensures judgments remain enforceable, upholding the integrity of small claims resolutions. Parties should consult the latest Supreme Court issuances for any amendments, as fees and thresholds may evolve. Proper payment not only secures jurisdiction but also facilitates swift justice in monetary disputes.

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