A legal article on what you pay, when you pay it, and why amounts vary

I. Why “How Much Does It Cost to File Estafa?” Has No Single Answer

In Philippine practice, people use “filing fee” to mean three different things:

Government legal fees (paid to the Clerk of Court, and sometimes tied to the civil damages claimed)
Case-preparation expenses (notary fees, photocopying, certified copies, transportation, etc.)
Professional fees (lawyer’s acceptance fee/appearance fees)

Estafa is a criminal case under the Revised Penal Code, typically prosecuted by the State (“People of the Philippines”), but it usually carries a civil aspect (return of money/property and damages). That civil aspect is the main reason legal fees can apply.

II. Estafa in Brief (Context for Fees)

Estafa generally covers fraud-related taking or damage—commonly under Article 315 of the Revised Penal Code (with related provisions such as Art. 316/318 in some scenarios). Many cases involve:

Misappropriation or conversion (e.g., money/property received in trust, commission, administration, or obligation to return)
Deceit/fraud (e.g., false pretenses leading someone to part with money/property)
Check-related situations that may overlap with B.P. Blg. 22 (Bouncing Checks Law), depending on facts

Penalties depend heavily on the amount involved and the manner of commission. This matters because forum (MTC vs RTC) and procedures (preliminary investigation) affect timelines, and the civil claim amount affects legal fees.

III. Where an Estafa Case Starts: The Prosecutor’s Office (Usually No “Docket Fee”)

A. Filing the complaint-affidavit with the Office of the City/Provincial Prosecutor

Most estafa complaints begin by filing a complaint-affidavit (with supporting evidence and witness affidavits) for preliminary investigation.

As a rule, there is no court “docket fee” at this stage because you are not yet filing an action in court; you are asking the prosecutor to determine probable cause.

What you do pay here are practical expenses, such as:

Notarial fees for complaint-affidavits and witness affidavits
Photocopying/scanning/printing of annexes (contracts, receipts, messages, demand letters, IDs, proof of payments, etc.)
Certified true copies (when required by a receiving office or for stronger evidentiary value)
Transportation and time costs for filing, hearings/conferences, and serving or producing documents

B. Exceptions and variations

Local practices differ, but “filing fees” in the strict court sense are typically collected only once the case is in court (or when a separate civil case is filed).

IV. The Main Legal Fee Trigger: The Civil Aspect Deemed Instituted With the Criminal Case

A. The governing rule

Under the Rules of Criminal Procedure (Rule 111), the civil action for recovery of civil liability arising from the offense is generally deemed instituted with the criminal action unless the offended party:

Waives the civil action, or
Reserves the right to file it separately, or
Has already filed the civil action prior to the criminal case (subject to rule limitations)

B. What that means for filing fees

The criminal action itself is prosecuted in the name of the People, so the idea of “paying to file a criminal case” is not the same as a private civil suit.
But once the criminal case is filed in court and the civil aspect is included (deemed instituted), the rules require the offended party to pay filing fees based on the damages claimed, consistent with the legal fees framework (commonly referred to through Rule 141 on legal fees and related issuances).

Practical takeaway: Most “filing fees” people encounter in estafa cases are really fees for the civil claim attached to the criminal case (restitution + damages).

V. How Courts Compute Fees in Estafa-Related Civil Claims (What Usually Counts)

Courts generally assess fees based on the amount of the civil liability/damages you are asking the court to award, such as:

Actual damages / restitution
- Usually the amount defrauded (money/property value) or the amount not returned.
Other damages (if pleaded)
- Moral damages, exemplary damages, attorney’s fees, etc., if you specifically claim them.

A. If you specify amounts

When you state specific peso amounts (e.g., ₱X as actual damages plus ₱Y moral damages, etc.), courts typically assess filing fees based on the total of what you are claiming, following the fee schedule applicable at the time and the court.

B. If you do not specify certain damages

If some damages are not quantified (e.g., “moral damages in an amount the court deems just”), practice commonly results in either:

payment of a base/minimum fee at filing; and/or
later assessment of deficiency fees depending on what is ultimately awarded, with the deficiency treated as a lien on the award or required before release/execution in the civil aspect.

The exact mechanics can vary by court and by how the claim is pleaded, but the recurring principle is: fees track the civil money claim, not the prosecution of the crime itself.

VI. “When Do I Pay?” and “Where Do I Pay?”

A. When the Information is filed in court

After preliminary investigation, if the prosecutor finds probable cause, the prosecutor files an Information in court. Around this stage, the Clerk of Court typically assesses any required fees relating to the civil aspect (if not reserved/waived).

B. Payment is typically to the Clerk of Court

Payments are generally made at the Office of the Clerk of Court handling the criminal case. Courts also often collect add-ons required by judiciary funding rules (these vary by period and locality), such as:

legal research-related assessments, and/or
judiciary development-type funds, and/or
mediation-related fees where applicable

The exact set of line items depends on the then-current rules and the court’s implementation.

VII. The Three Strategic Choices That Change Your Government Fee Exposure

Option 1: Do nothing (civil aspect deemed instituted)

Pros: You can pursue restitution/damages within the criminal case.
Cost impact: You will likely be assessed filing fees based on the civil amount claimed.

Option 2: Reserve the civil action

Pros: You avoid paying civil filing fees inside the criminal case at the outset.
Cost impact: If you later file a separate civil case for collection/damages, you will then pay the full civil docket fees in that civil case (often larger and more detailed in assessment).
Practical note: Reserving the civil action means you must actively file and prosecute the civil case separately to recover money through judgment.

Option 3: Waive the civil action

Pros: Minimizes civil-fee exposure.
Cost impact: You generally give up the ability to recover civil damages through the criminal case (and often altogether, depending on the waiver’s scope), leaving you with the criminal prosecution only.

VIII. Separate Civil Case vs Criminal Estafa: How Costs Differ

A. Filing a civil action for collection (instead of, or alongside, estafa)

A civil case (e.g., collection of sum of money) requires payment of civil docket fees calculated from the amount claimed, plus other assessed fees and possible sheriff-related costs later.

Civil cases can be cheaper procedurally in some instances (e.g., simpler proof), but they do not carry the leverage and punitive component of criminal prosecution. They also differ in timeline, remedies, and settlement dynamics.

B. Small claims is not an estafa shortcut

Small claims is for civil money claims within a capped amount and does not prosecute estafa. It may be cheaper than regular civil litigation, but it’s a different track with different rules.

IX. Common Out-of-Pocket Costs in Estafa Complaints (Non-Government)

Even when government fees are low or deferred, most complainants incur practical expenses:

Notarization
- Complaint-affidavit and witness affidavits typically require notarization.
Document production
- Printing, scanning, photocopying, binding, index tabs, and storage
- Screenshots/exports of chats/emails, bank records, remittance proofs, delivery receipts, etc.
Certified true copies / record retrieval
- From banks (where available), government agencies, registries, LGUs, or other custodians.
Transportation and time
- Multiple appearances may be needed (prosecutor settings, clarificatory hearings, court dates).
Service/appearance logistics
- Coordinating witnesses, obtaining IDs, updating addresses for subpoena purposes.
Lawyer’s fees (if you hire counsel)
- Acceptance fee + conferences + drafting + appearances
- Sometimes success-based arrangements exist, but terms vary.

X. Costs After Filing: Bail, Subpoenas, and Hearings (What You Pay vs What You Don’t)

Bail is the accused’s concern, not the complainant’s.
Subpoenas are issued by the prosecutor/court, but practical costs can arise in coordinating witnesses and producing documents.
If you seek execution of the civil liability after conviction (or other enforceable order), you may face sheriff-related expenses (e.g., implementation costs, storage, publication in certain contexts, or deposits required under court rules), depending on the remedy and property involved.

XI. Appeals and Post-Judgment Costs

If there are appeals or post-judgment proceedings related to the civil aspect (execution, motions, certified copies of records), parties may incur:

fees for certified true copies, transcripts, and record reproduction;
additional docket/appeal-related fees in some contexts, particularly where the civil aspect is actively pursued.

XII. Can You Recover What You Spent?

There are three different ideas here:

“Costs of suit” Courts may tax costs against a party under procedural rules, but these are not guaranteed to reimburse all real-life expenses.
Attorney’s fees as damages Attorney’s fees are not automatically awarded. They generally require proper legal basis and factual justification.
Restitution and damages The core monetary recovery in estafa cases is usually restitution (return of amount/property) plus damages proven and awarded.

XIII. Indigency and Exemption From Fees

Courts recognize indigent litigants/parties under procedural rules and legal fee provisions. If the offended party qualifies as indigent under the applicable standards and is granted such status, certain fees may be waived or deferred, subject to the court’s evaluation and conditions.

XIV. Practical Budgeting Reality (What People Typically Underestimate)

For most complainants, the biggest predictable costs are:

notarization + document preparation, and
transportation/time and repeated appearances, while the biggest variable government cost is:
the assessed filing fees tied to the civil amount claimed, if the civil aspect is not reserved or waived.

The most cost-sensitive decision is whether to:

pursue recovery in the criminal case (civil aspect deemed instituted),
reserve and file a separate civil case (full civil docket fees later), or
waive the civil claim (minimal fees but minimal recovery through judgment).