Filing Fees for an Act of Lasciviousness Case Hearing in the Philippines
(What you actually pay, when you pay it, and what’s free)
Short answer up front: You generally do not pay a court “filing fee” to start or hear a criminal case for Act of Lasciviousness. The State prosecutes. Money comes in only for specific add-ons—like if you pursue civil damages, order transcripts, request certified copies, go through court-annexed mediation of the civil aspect, or appeal. Many victims qualify for fee waivers.
1) The offense, the venue, and why “filing fees” are usually not collected
- What the case is: “Act of Lasciviousness” is a criminal offense under the Revised Penal Code (RPC, Art. 336). When the victim is a child, prosecutors often file under RA 7610 (child abuse/sexual abuse) or related laws; that affects the court (Family Court/RTC vs MTC) but not the basic rule on fees below.
- Where it starts: Cases ordinarily begin with a complaint-affidavit at the City/Provincial Prosecutor’s Office (or through inquest if there was an arrest). No court filing fees are paid at the prosecutor stage.
- How it reaches court: If the prosecutor finds probable cause, an Information is filed in the proper trial court (MTC for lower-penalty RPC cases; RTC/Family Court for child cases/RA 7610). The State (People of the Philippines) pays no filing fee to file the criminal case, and neither does the complainant.
Bottom line: Simply getting the case into court and having it set for hearing does not require the complainant to pay a “filing fee.”
2) When money does enter the picture
A) If you assert civil damages (the “civil aspect”)
By default, the civil action for damages is deemed instituted with the criminal case unless you waive it, reserve it, or already filed a separate civil action.
Do courts collect docket/filing fees for the civil aspect?
- Practice varies with the most recent Rule 141 (Legal Fees) amendments and local court implementation. Some courts require payment upfront if you specify amounts for actual/moral/exemplary damages; others assess later or upon execution if amounts are not specified.
- If you file a separate civil case (after reserving it), you will pay civil docket fees based on the amount you claim under Rule 141’s sliding schedule.
Practical tip: If you intend to quantify damages (e.g., medical costs, lost income, moral/exemplary damages), ask the Office of the Clerk of Court (OCC) how Rule 141 is currently applied in that branch. If you’re indigent, see Section 4 below—many are exempt.
B) Court-annexed mediation (civil aspect only)
- Many courts refer the civil aspect to Court-Annexed Mediation (CAM) or Judicial Dispute Resolution (JDR). There is typically a mediation fee collected per case. Amounts and collection timing can vary by site.
- Mediation is about the civil claim (e.g., damages), not guilt.
C) Copies & transcripts
- Certified true copies of Orders, the Judgment, and TSNs (transcripts of stenographic notes) are paid per page.
- You only pay for what you request. Indigent parties are often exempt or deferred from paying TSN and copy fees.
D) Appeals & special petitions
- If you (as private offended party on the civil aspect) or the accused appeals, appellate docket/legal research fees apply at the Court of Appeals or Supreme Court when you file the appeal/petition.
- Your public prosecutor handles the criminal case; a private counsel (if you hire one) handles your civil interests and their professional fees are private, not court-collected.
E) Other incidentals (not “filing fees” but common costs)
- Notarization of affidavits or special powers of attorney.
- Medical/legal reports (hospital records, medico-legal certificates). Government facilities often provide these free or at minimal cost; keep receipts for damages claims.
- Travel & attendance costs for you/witnesses (private expenses).
- Psychological evaluation (optional but sometimes helpful for damages); this may be free in government centers or paid if private.
3) Special protections and when fees are waived
A) Indigent litigants
- Under the Rules on Legal Fees, indigent parties (based on income/asset thresholds and a certificate from DSWD/LSWDO/Barangay Social Welfare) can be exempt from legal fees (including sheriff/process and transcript fees). Courts may treat fees as a lien on monetary awards later.
B) Victims who are children
- If the victim is a child, the case is handled by Family Courts (RTC designated). Child-sensitive rules apply; legal fees related to the child’s participation are commonly waived or should not be a barrier. Social workers and the PAO assist.
C) VAWC (RA 9262) protection orders
- If your situation also fits VAWC, protection orders (Barangay, Temporary, Permanent) are meant to be accessible and summary; courts do not require standard civil docket fees to apply for or obtain a protection order. (This is separate from the criminal case, but victims often pursue both.)
4) Who can represent you (and what they cost)
- Public Prosecutor prosecutes the criminal charge for the State—no fee from you.
- You may authorize a Private Prosecutor (your own lawyer) to handle the civil aspect with the public prosecutor’s control. Attorney’s fees are private arrangements (not court fees). These cannot be collected from you by the court.
- Public Attorney’s Office (PAO): If you qualify as indigent, PAO can represent you for free (criminal and civil aspects).
- NGOs/IBP legal aid may also assist victims pro bono.
5) Jurisdiction & where you’ll interact with fees
- If charged under RPC (Art. 336) with penalties up to 6 years, the case usually goes to the MTC (unless facts elevate it).
- If charged under RA 7610 (lascivious conduct against a child), penalties are higher and the case goes to the RTC/Family Court.
- Where fees are paid: Any court-related fees are tendered to the Office of the Clerk of Court of the court where the criminal case (or the separate civil case) is filed, or to the appellate court if you appeal. Mediation fees are paid to the PMC/CAM unit as directed.
6) Typical “fee moments” across the life of the case
Police/Prosecutor filing – No court fee.
- Possible private costs: notarization, extra copies, medical/psych reports.
Information filed in court; hearings begin – No filing fee just to have hearings.
- If you assert civil damages with specific amounts, the court may assess civil docket fees (ask OCC how they apply Rule 141 locally).
- If mediation is ordered for the civil aspect, expect a mediation fee.
During trial – No “hearing fee.”
- Pay only if you request certified copies or TSNs.
Judgment & execution
- If you won civil damages, collection/execution can involve sheriff’s expenses (often advanced in deposits, later taxed as costs against the losing party).
- Indigent parties may be exempt from advancing certain costs.
Appeal (criminal and/or civil aspect)
- Appellate docket fees (if you are the appellant on the civil aspect).
- The prosecution’s appeal posture is handled by the State; your private counsel manages civil issues.
7) How courts compute civil docket fees (without numbers)
- Fees follow Rule 141’s schedule, which is bracketed by the total amount you claim (actual + moral + exemplary + attorney’s fees, etc.).
- If you don’t specify amounts, some courts defer computation until evidence sets figures or until execution.
- If you file a separate civil action, computation is based on your stated peso amount in the complaint.
Checklist to prepare:
- List each damage item (medical expenses, therapy, lost income, moral, exemplary).
- Attach receipts/records when available.
- Bring an ID and (if claiming indigency) your indigency certificate from DSWD/LSWDO or your barangay social worker.
8) Barangay conciliation? Not required
- The Katarungang Pambarangay system does not cover crimes punishable by more than 1 year imprisonment or over ₱5,000 fine. Acts of Lasciviousness exceeds that threshold, so no barangay mediation prerequisite and no barangay fees.
9) Budgeting snapshot (what to expect, in plain English)
₱0 to start at the prosecutor and to have the criminal case heard.
Possible, situational costs:
- Civil damages docket fees (if amounts are specified or if you file a separate civil suit).
- Mediation fee (if the civil aspect is referred to CAM/JDR).
- Copy & transcript fees (if you order them).
- Sheriff’s expenses (for execution of a money judgment).
- Private lawyer’s professional fees (if you engage one).
Often free or waived:
- PAO representation (if indigent), many child-related costs, protection orders, and TSNs/copies for indigent parties.
10) Practical tips
- Ask early at the OCC: “If I assert civil damages of ₱___ (estimate), do I pay Rule 141 fees now or later in this branch?”
- If funds are tight: Secure an indigency certificate; ask the court to recognize your fee exemption.
- Keep every receipt (medical, therapy, transport) to support actual damages.
- Coordinate with the prosecutor about the civil aspect and mediation referrals.
- If the victim is a child: Request assignment of a social worker and child-sensitive arrangements; ask about fee waivers.
11) Key takeaways
- No filing fee is required just to hear a criminal case for Act of Lasciviousness.
- Money appears mainly if you pursue civil damages, appeal, or order records.
- Indigent and child-victim safeguards can eliminate most, if not all, court-collected fees.
- Exact peso amounts change with Supreme Court updates to Rule 141 and local implementation—confirm with the Office of the Clerk of Court of the branch handling your case.
This is general information, not legal advice. For a quick check on current local practice and any fee waivers you qualify for, speak with the Office of the Clerk of Court where the case is filed or consult PAO (if eligible) or a private lawyer.