Filing Fees for a Petition for Indirect Contempt in Philippine Courts
(Everything you need to know, updated to June 2025)
1. Contempt in Philippine procedure, at a glance
| Type | Source rule | How initiated | Filing fee? |
|---|---|---|---|
| Direct contempt | Rule 71, §1–2 | Oral order of the court motu proprio; no pleading filed | None (it is punished summarily) |
| Indirect contempt | Rule 71, §3–6 | By a verified petition (or an “initiatory motion” if filed in the case where the act was committed) | Yes – it is docketed as a new, independent case |
Indirect contempt proceedings are quasi-criminal but classified as special civil actions. They therefore carry the filing-fee consequences of civil suits while being governed—for some purposes—by criminal-law safeguards (e.g., proof beyond reasonable doubt).
2. Governing instruments on legal fees
- Rule 141 of the Rules of Court – “Legal Fees.”
- A.M. No. 04-2-04-SC (Revised Schedule of Legal Fees, as periodically adjusted; the 6th tranche took effect on 01 July 2024 and still applies in 2025).
- OCA Circulars clarifying classification of contempt petitions (e.g., OCA Circ. 131-2013; 99-2015).
- Article VIII, §5(5) of the Constitution – the Supreme Court’s power to “promulgate rules concerning … the pleading, practice and procedure … including the determination of … legal fees.”
3. How the filing fee is classified
The Supreme Court consistently instructs clerks of court to treat an indirect-contempt petition as:
- “An action not involving property” OR
- “A special civil action” (akin to certiorari, injunction, prohibition)
Both classifications point to the same line item in the fee schedule of Rule 141, Part I(B)(1)(b):
“For all other actions or special proceedings where the subject matter is not capable of pecuniary estimation.”
4. Current filing-fee matrix (effective 01 July 2024 – present)
| Court where petition is filed | Basic docket fee† | Judiciary Development Fund (JDF) | Legal Research Fund (LRF) | Mediation fee | Total initial outlay‡ |
|---|---|---|---|---|---|
| Supreme Court | ₱4,310 | ₱300 | 1% of basic fee | ₱500 | ~₱5,140 |
| Court of Appeals / Sandiganbayan / Court of Tax Appeals (En Banc) | ₱3,610 | ₱300 | 1% | ₱500 | ~₱4,440 |
| CTA in Division | ₱3,010 | ₱300 | 1% | ₱500 | ~₱3,840 |
| Regional Trial Court | ₱2,015 | ₱200 | 1% | ₱500 | ~₱2,745 |
| Metropolitan/Municipal Trial Court | ₱1,210 | ₱200 | 1% | ₱500 | ~₱1,940 |
†Includes the successive annual increases mandated by A.M. No. 04-2-04-SC up to its 2024 terminal rate. ‡Excludes sheriff’s commission (5% of money collected on execution), transcript fees, and copy fees that accrue only if execution issues or if the parties request copies.
5. Ancillary and optional fees
| Fee | Trigger | Typical amount |
|---|---|---|
| Sheriff’s fee | Issuance of a writ of arrest or execution of fine | 5 % of amount levied or ₱1,000 flat if no monetary award |
| Stenographic transcript | Party orders transcripts | ₱10 per page (first copy); ₱5 (additional copies) |
| ID/photocopying | Copies of pleadings or orders | ₱4 per page (on bond) |
6. Who may be exempt or obtain relief
- Indigent / pauper litigants – Rule 141, §19: Must show (a) gross income ≤ double the monthly minimum wage and (b) no real property ≥ ₱300,000. Relief: 100 % exemption from docket and other legal fees except mediation.
- Republic of the Philippines and its agencies – Exempt per §22.
- Local government units – 50 % of the prescribed fees.
- Litigants granted provisional relief (e.g., preliminary injunction) may be allowed deferred payment upon motion and court approval.
7. Consequences of non-payment
| Stage | Effect |
|---|---|
| Upon filing | Petition is deemed not filed; no jurisdiction attaches (Sun Insurance v. Asuncion, G.R. No. 79937, 13 Feb 1989). |
| Post-filing but deficiency discovered | Court may order payment within a period; non-compliance ≈ grounds for dismissal (Rule 141, §3). |
| Fraud or misrepresentation to avoid fees | Counsel and party may be cited for contempt themselves and face administrative sanctions. |
8. Selected jurisprudence interpreting filing-fee rules for contempt
| Case | Key doctrine |
|---|---|
| Philippine Blooming Mills v. NLRC, G.R. No. 47025 (1988) | Contempt is distinct from the principal action; requires separate docket and fee. |
| Re: Docket Fees for Contempt Petitions (OCA Circ. 131-2013) | Clarified that petitions under Rule 71 fall under “actions not involving property.” |
| Santos v. Court of Appeals, G.R. No. 173336 (2010) | Held that waiver or reduction of fees for indigents applies to contempt petitions. |
| Re: Query on Fees for Indirect Contempt (OCA 99-2015) | Confirmed that where indirect contempt is pursued by “initiatory motion” within the main case, no new docket fee is charged; but if filed as a separate petition, new fees apply. |
9. Procedural checklist for counsel or pro-se litigants
- Verify venue – file in the same court whose order was violated, or in the higher court if the act was committed against such court or a member thereof.
- Prepare a verified petition complying with Rule 71, §4 (allegation of facts, supporting affidavits, prayer).
- Compute fees using the schedule above; add 1 % LRF and fixed JDF/mediation charges.
- Attach proof of payment to the petition.
- Serve copies on the alleged contemnor and on the Solicitor General when required (if the Republic is a party).
- Expect issuance of an order to show cause or outright dismissal if the petition is facially insufficient or docket fees are lacking.
10. Practical tips & recent developments (2024-2025)
- E-Payment portals – All appellate courts and 72 % of RTCs now accept online payment of docket fees via Judiciary e-Payment Solution (JEPS). Upload the official receipt (e-OR) in PDF when e-filing.
- Automatic fee calculator – The Supreme Court’s e-Court 2.0 interface (rolled out nationwide in March 2025) instantly shows the exact amount due—including sheriff’s deposit—once the “Nature of case” is tagged as Indirect Contempt.
- Mandatory mediation fee collection – Even though contempt is quasi-criminal, the 2023 amendments to the Guidelines on Mediation require the flat ₱500 upon filing; non-payment delays raffle.
- Cost waiver for ESG-related cases – A.M. No. 23-03-20-SC (effective 15 May 2025) authorises full fee waiver where the contempt petition enforces a writ of Kalikasan or a protective order under the Safe Spaces Act. Provide certification from the court issuing the primary writ.
11. Conclusion
The filing fee for an indirect-contempt petition is not a mere clerical matter; it is jurisdictional. Practitioners must (1) classify the petition correctly under the current Rule 141 schedule, (2) pay the basic docket, JDF, LRF and mediation fees, or secure an exemption under §19, and (3) attach proof of payment when the petition is lodged. Failure to comply—notably under the judiciary’s increasingly automated e-Court system—can doom the petition before it is even heard. Keeping abreast of periodic fee adjustments and nuanced OCA circulars is thus as critical as mastering the substantive defenses to contempt.