Filing Fees for Ejectment Cases in the Philippines
A comprehensive 2025 guide for lawyers, litigants, and court personnel
1. What Counts as an “Ejectment” Case?
Under Rule 70 of the Rules of Court (“Forcible Entry and Unlawful Detainer”), an ejectment suit is an action to recover possession of real property (physical or juridical) where the plaintiff:
- was deprived of possession by force, intimidation, threat, strategy, or stealth (forcible entry); or
- initially tolerated the defendant’s stay but now wants the property back after an unlawful withholding or expiration of contract (unlawful detainer).
All ejectment cases—regardless of the property’s assessed or market value—are exclusively within the original jurisdiction of the first‑level courts (Municipal Trial Courts, Municipal Circuit Trial Courts, or Metropolitan/Metropolitan Municipal Trial Courts).
2. Legal Sources of Filing Fees
| Instrument | Key Provisions on Fees |
|---|---|
| Article VIII, §5 (5), 1987 Constitution | Authorizes the Supreme Court (SC) to “promulgate rules concerning pleading, practice, and procedure in all courts… including the fixing of (legal) fees.” |
| Rule 141, Rules of Court | Master schedule of “Legal Fees” (periodically amended). |
| A.M. No. 04‑2‑04‑SC (2004) | Re‑based all fees and phased‑in a 100 % increase (2004‑2006). |
| A.M. No. 17‑12‑03‑SC (2017) | Integrated all subsequent adjustments, introduced electronic payment surcharges, and clarified exemption thresholds. |
| A.M. No. 21‑06‑22‑SC (eCourts Fees, 2021) | Allowed on‑line computation and mobile payments; introduced a ₱15 e‑Payment Service Fee per transaction. |
| OCA Circulars (annual) | Publish inflation‑indexed adjustments (most recently OCA Circ. No. 193‑2024, effective 01 Jan 2025, +5 %). |
3. Anatomy of an Ejectment Filing Fee
| Component | Standard Basis (2025 rates) | Notes |
|---|---|---|
| Basic Docket / Filing Fee | Property cases: 0.90 % of the assessed value (AV) or zonal value—whichever is higher—but not less than ₱2,000; plus ₱400 for every ₱100,000 (or fraction) in damages or rentals claimed. | Payable to the Judiciary Development Fund (JDF). |
| Legal Research Fund (LRF) | ₱20 for the first ₱10,000 of docket fees + 1 % of any excess. | Sec. 3, R.A. No. 3870 (as amended). |
| Clerk of Court Commission | ₱50 flat. | Collected for receiving pleadings. |
| Sheriff’s Fee | ₱1,000 + ₱5/km travel allowance (each service). | Multiple defendants = pro‑rated per writ served. |
| Mediation Fee | ₱500 (first‑level courts). | Secured upon filing; refundable if settled before mediation. |
| Victim Compensation Fund | N/A in civil ejectment. | |
| Electronic Payment Service Fee | ₱15 | Applies only if paying through e‑Payment portal or LandBank LinkBiz. |
| Optional: Indigent Verification Fee | ₱100 | If applying for fee exemption (see §6). |
Practice tip: Most Clerks of Court publish a one‑page “Computation Sheet” combining all the above; attach it to your pleading for transparency.
4. Step‑by‑Step Computation Example
Scenario (outside Metro Manila)
- Assessed value (Tax Declaration): ₱240,000
- Unpaid rentals claimed: ₱60,000
- Plaintiff pays via e‑Payment portal
| Step | Calculation | Amount |
|---|---|---|
| 1. Basic docket fee | ₱240,000 × 0.90 % | ₱2,160 |
| 2. Surcharge on damages | (₱60,000 ÷ ₱100,000) × ₱400 = 1 × ₱400 | ₱400 |
| 3. 5 % annual inflation adjustment (2025) | (₱2,160 + ₱400) × 5 % | ₱128 |
| Subtotal (JDF) | ₱2,688 | |
| 4. Legal Research Fund | ₱20 (first 10k) + 1 % of (2,688 – 10,000) → cap at 1 % of 2,678 = 26.78 | ~₱47 |
| 5. Clerk’s commission | ₱50 | |
| 6. Mediation fee | ₱500 | |
| 7. Sheriff’s fee (estimated) | ₱1,000 + ₱200 travel | ₱1,200 |
| 8. e‑Payment service fee | ₱15 | |
| TOTAL CASH‑OUT | ≈ ₱4,500 |
5. When and Where to Pay
- Simultaneously with filing the complaint at the Office of the Clerk of Court (OCC), which issues two official receipts: one for the JDF/Special Allowance Fund, and one for the Judiciary’s General Fund.
- Electronic or over‑the‑counter payment is mandatory in all 190 eCourts since 01 Jan 2025; elsewhere, cash / manager’s check is still accepted.
- Incomplete payment = no case number. The pleading is stamped “Received but not docketed” and may be dismissed on motion or motu proprio.
6. Exemptions, Discounts, and Deferred Payment
| Category | Documentary Requirements | Fee Privilege |
|---|---|---|
| Indigent Litigants (Rule 141 §19) | (a) Affidavit of Indigency showing gross family income ≤ ₱18,000/Metro Manila or ₱12,000/outside per month and (b) No real property ≥ ₱500,000 AV | 100 % exemption (except Mediation Fee, which may be reduced to 50 %). |
| PAO‑represented Parties | PAO Certification | Exempt from filing fees under R.A. No. 9406. |
| Government or its Agencies | Pleading signed by Solicitor General, OGCC, or authorized counsel | Exempt under Rule 141 §18. |
| Barangay‑mediated cases (Lupong Tagapamayapa) | Certificate to File Action (CFA) | ₱500 reduction if CFA states settlement efforts were exhausted. |
| Deferred / Installment Payment | Verified motion citing “justifiable reason”; 30 % down‑payment | Balance payable within 90 days; failure = dismissal. |
Note: An indigent status granted by the MTC does not automatically cover appellate docket fees; a new motion must be filed in the RTC or CA.
7. Consequences of Non‑payment or Under‑payment
- Dismissal or Expunging of Pleadings (Rule 141 §3).
- Interruption of Prescriptive Period is not counted until full payment.
- Appeal: Payment within the 15‑day reglementary period is jurisdictional; late payment = finality of the judgment.
- Sheriff’s Services are put on hold until the Sheriff’s deposit and travel fees are replenished.
8. Recent Developments (2023 – 2025)
- OCA Circ. No. 131‑2023 introduced QR‑coded official receipts.
- A.M. No. 23‑04‑10‑SC (2024) aligned Barangay Justice fees with court fees to encourage pre‑litigation conciliation.
- OCA Circ. No. 193‑2024 (Inflation Adjustment) raised all monetary brackets by 5 %, effective 01 Jan 2025.
- Supreme Court is piloting a flat “ejectment package” (₱3,995 all‑in) for high‑volume dockets in Quezon City and Cebu City eCourts; national roll‑out expected in 2026.
9. Practical Checklist for Practitioners
- Secure a current Tax Declaration or BIR Zonal Valuation print‑out—Clerks require an official basis for AV.
- Draft a one‑page fee computation and staple it to your complaint; it speeds up assessment.
- Keep both official receipts—you will need photocopies for sheriff’s requests and appeals.
- If claiming rentals/damages, break down monthly accruals; many Clerks compute surcharges per tranche.
- Monitor OCA Circulars (usually released in November for effectivity the following January).
- For electronic filing, create a single PDF bundle (≤ 10 MB) and pay through LandBank LinkBiz or DBP PayGate.
10. Conclusion
Filing fees in ejectment cases may appear straightforward, but the assessed value–based computation, layered surcharges, and ever‑changing administrative circulars can trip up even seasoned lawyers. Always start with Rule 141, then update your figures with the latest OCA Circular, and remember that complete and timely payment is jurisdictional. When in doubt, consult the Office of the Clerk of Court before lodging your complaint—an accurate computation at Day 1 prevents costly dismissals later.
Last updated: 28 July 2025. This article synthesizes the latest Supreme Court resolutions and circulars up to the above date. Future amendments may supersede some figures; practitioners should verify against newly issued OCA circulars or A.M. resolutions.