Fee Schedule for Ejectment Cases Against Unauthorized Occupants in the Philippines
(Comprehensive 2025 Guide)
Scope. This article gathers everything a practitioner or property owner normally needs to know—procedural, financial, and practical—about the costs of removing unauthorized occupants through ejectment (forcible entry or unlawful detainer) under Philippine law as of July 2025. It is written for orientation only and is not a substitute for tailored legal advice.
1. Legal Foundations
| Rule / Statute | Key Points on Fees |
|---|---|
| Rule 70, Rules of Court | Governs ejectment; summary procedure keeps litigation—and therefore fees—comparatively lean and front-loaded. |
| Rule 141, Rules of Court (A.M. No. 04-2-04-SC, last amended 2021; phased increases through 2025) | Master schedule for all court charges (filing, sheriff, mediation, execution, appeal). |
| Local Government Code, ch. VII (Katarungang Pambarangay) | Barangay conciliation is usually a mandatory, low-cost precursor; barangays may charge ₱20–₱500 filing fee. |
| Indigent Litigant Rule (Rule 141, §19) | Provides full fee waiver if combined family income and property thresholds are met. |
2. Pre-Litigation Outlay
Demand Letter – drafting cost only (often absorbed in attorney’s retainer).
Barangay Conciliation (if parties live in the same city/municipality):
- Filing/complaint fee: ₱20 – ₱500 (varies per ordinance).
- No lawyer’s appearance fee is allowed inside the barangay hall; you pay counsel for drafting and advice only.
Certification to File Action (CFMA) – no additional barangay fee.
3. Filing & Docket Fees (Municipal/Metropolitan Trial Court)
| Component | 2025 Typical Rate¹ | Notes |
|---|---|---|
| Main filing/docket fee | ₱2,000 flat if no money claim (pure ejectment). If you also ask for back-rent or damages, add the regular ad valorem fee: • First ₱100,000 → ₱2,000 • Next ₱400,000 → ₱3,000 • Excess over ₱500,000 → ₱5,000 per ₱500k fraction |
Rates include the last 5 % annual increment that took effect 1 Jan 2025 under A.M. No. 04-2-04-SC. |
| Sheriff’s filing fee / process server | ₱200 | Paid up-front. |
| Victim Compensation Fund (VCF) | ₱5 | Collected in all civil filings. |
| Legal Research Fund (LRF) | 1 % of basic docket fee (≈ ₱20) | Statutory surcharge. |
| Mediation fee (Court-Annexed) | ₱500 | Deposited simultaneously with docket. |
| Judicial Dispute Resolution fee | Nil (covered by mediation fee) | Applies only in JDR courts. |
¹Actual cash register figures may vary slightly by locality; always verify with the Clerk of Court.
4. Attorney’s Professional Fees
| Billing Mode | Typical Range (Metro Manila) |
|---|---|
| Fixed package (from filing to judgment) | ₱40,000 – ₱90,000 for straightforward unlawful detainer; forcible entry with contested ownership or counterclaims trends higher. |
| Hourly | ₱2,500 – ₱6,000 per hour (senior litigator). |
| Contingent | 10 – 25 % of amounts recovered (rare in pure possession suits). |
VAT (12 %) and 5 % creditable withholding tax apply to lawyer’s fees when the client is a juridical person.
5. Incidental & Mid-Litigation Costs
| Item | Typical Cash Outlay | Trigger |
|---|---|---|
| Subpoena fees | ₱100 per witness | If you compel testimony. |
| Transcript of stenographic notes | ₱10/page | When you order TSNs for appeal. |
| Travel/mileage deposit | ₱1,000 – ₱2,000 | Sheriff’s actual expenses for service outside city limits. |
| Expert inspection (rare) | Professional’s quote + ₱1,000 sheriff supervision | Boundary or structural issues. |
6. Execution & Demolition Fees
Once judgment becomes final (or is immediately executory under Rule 70):
| Writ / Service | Standard Charge (Rule 141, 2025 rate) |
|---|---|
| Writ of Execution | ₱200 filing fee |
| Sheriff’s enforcement fee | ₱1,000 + ₱100 per additional door/room/structure forcibly opened or vacated |
| Demolition fee (if occupant defies writ of possession) | Same sheriff rate plus: • Actual rentals for heavy equipment • Police assistance fee per LGU ordinance |
| Mileage | ₱20/km round trip outside court’s territorial unit |
Sheriffs require an expense deposit, usually ₱10,000 – ₱20,000 before demolition begins; unspent balance is refundable.
7. Appeals and Higher-Court Costs
| Stage | Fee (2025) | Notes |
|---|---|---|
| Notice of Appeal to RTC | ₱3,530 (lump-sum RTC docket) | |
| Transmittal of Record | ₱50/page of original record | |
| Petition for Review (CA) | ₱5,120 filing + ₱3,000 legal research/computer fees | |
| Rule 45 or 65 Petition (Supreme Court) | ₱4,710 basic + ₱4,000 LRF/computerization |
8. Exemptions, Discounts & Special Regimes
- Indigents – Verified income below double minimum wage and no property worth > ₱300k → all court and sheriff fees waived.
- Government-initiated Eviction of Informal Settlers – Fees are prepaid by the LGU or Implementing Agency; occupants themselves pay none.
- Agrarian ejectment under the Department of Agrarian Reform has its own fee table (₱1,000 petition docket).
- Cooperatives & PCUP-Certified Urban Poor Associations – 50 % reduction on docket and sheriff fees (Secs. 141 & 19, coop law).
9. Tax & Accounting Considerations
- Court receipts are official deductions against gross income for landlords (document under “Taxes, Licenses & Fees”).
- Attorney’s fees are deductible only when tied to income-producing property; retain the BIR-registered invoice.
- VAT is input-tax-creditable for VAT-registered lessors.
10. Practical Tips for Cost Control
- Settle early. The bulk of disbursements—sheriff mileage, transcripts, appeal docket—accrue after judgment.
- Use e-Payment. Most OJCs now accept ePayment channels that waive the ₱30 O.R. issuance surcharge.
- Track deposits. Ask the sheriff for a liquidation report to reclaim unused demolition funds.
- Bundle claims judiciously. If back-rent is small, you may waive it to keep filing fees at the flat ejectment rate.
- Request pro bono or PAO if you qualify (monthly income ≤ ₱14,000 outside NCR / ₱16,000 in NCR).
11. Timeline Snapshot with Fee Milestones
- Day 0–30 Demand & Barangay conciliation (₱20–₱500)
- Day 31–35 File ejectment; pay ₱2,000 + adjunct fees (~ ₱2,600 total)
- Day 35–120 Hearings; small outlays (subpoena, mileage) as needed
- Day 120–150 Decision; if favorable, immediate execution deposit (₱10k up)
- Day 150–180 Appeal window; docket ₱3,530 if defendant pursues RTC review
12. Frequently Referenced Issuances
- A.M. No. 04-2-04-SC – Rule 141 (2004 fee revision; 2014, 2020 & 2021 amendments)
- A.M. No. 11-1-06-SC-PHILJA – Mediation fee schedule
- DOJ-B.P. Blg. 129; R.A. 7691 – Jurisdictional amounts (trial courts)
- Local Government Code, §§399-422 – Katarungang Pambarangay rules
- OCA Cir. 31-2015 & 96-2020 – Annual 5 % fee increases 2021–2025
- IBP 2022 Minimum Attorney’s Fee Guidelines
(Keep copies of the latest circulars; rates can change by Supreme Court directive without legislation.)
13. Conclusion
Ejectment in the Philippines is purposely streamlined, but not cost-free. From the barangay hall to a potential Supreme Court petition, each step carries distinct, officially published fees, plus professional and incidental charges. Knowing the current schedule—especially the 2021-2025 incremental docket adjustments—allows landowners and counsel to budget accurately, choose cost-saving strategies (conciliation, selective money claims), and prevent unpleasant surprises at execution stage. Always confirm the exact amount with the Clerk of Court on the day of filing: fee bulletins are periodically amended, and many stations have already adopted cashless kiosks that compute surcharges automatically.
Prepared July 10, 2025. For guidance only; consult a qualified Philippine lawyer for specific cases.