In Philippine appellate practice, the payment of docket and other lawful fees is not merely a procedural formality but a jurisdictional requirement. While the initiation of an appeal requires the payment of full docket fees at the lower court or the Court of Appeals (CA) depending on the mode of appeal, subsequent motions filed throughout the proceedings often require their own separate fees.
Failure to comply with these financial requirements can result in the denial of the motion or, in extreme cases, the dismissal of the entire case.
1. Legal Basis for Motion Fees
The imposition of fees for motions in the Court of Appeals is governed primarily by:
- Rule 141 of the Rules of Court (Legal Fees): This provides the schedule of fees for various filings in Philippine courts.
- The 2009 Internal Rules of the Court of Appeals (IRCA): Specifically, those provisions detailing the processing of pleadings and the functions of the Cashier’s Division.
Categorization of Motions
Not all motions require a fee. Generally, fees are required for:
- Initiatory Motions: Such as a Motion for Extension of Time to File Petition.
- Substantive Post-Judgment Motions: Such as a Motion for Reconsideration or a Motion for New Trial.
- Motions for Provisional Remedies: Such as a Motion for Issuance of a Temporary Restraining Order (TRO) or Writ of Preliminary Injunction (WPI).
2. Schedule of Fees
Under the current schedule (subject to periodic updates by the Supreme Court via Administrative Matters), the standard fees typically include:
| Item | Description |
|---|---|
| Docket Fee | The primary administrative fee for processing the motion. |
| Legal Research Fund (LRF) | A mandatory contribution (usually 1% of the fee but not less than ₱2.00) pursuant to Republic Act No. 3857. |
| Victim's Compensation Fund | Often included in the total assessment for certain types of filings. |
Note: For a standard Motion for Extension of Time, the fee is generally fixed (e.g., ₱500.00 plus LRF), while specialized motions like those for TROs may incur higher costs.
3. Methods of Payment
The Court of Appeals has modernized its collection systems, especially across its three stations (Manila, Cebu, and Cagayan de Oro).
A. Over-the-Counter (Direct Payment)
Filers can pay directly at the Cashier’s Division of the Court of Appeals.
- Present the motion to the Judicial Records Division (JRD) for assessment.
- Receive a Payment Slip.
- Pay the amount to the Cashier and secure an Official Receipt (OR).
- Attach the OR to the motion before filing.
B. Postal Money Order (PMO)
For litigants filing via registered mail from the provinces, payment is traditionally made through Postal Money Orders.
- Two PMOs are typically required: one for the "Clerk of Court, Court of Appeals" (for the General Fund) and one for the "Judiciary Development Fund."
- The PMO numbers and dates must be indicated in the motion, and the original PMOs must be bundled with the filing.
C. Electronic and Online Payments
In line with the Judiciary's digital transformation, the CA now utilizes the UnionBank Link.BizPortal and other electronic payment gateways authorized by the Supreme Court.
- Access the online portal and select the Court of Appeals.
- Input the Case Number and Type of Fee.
- Generate an electronic receipt or confirmation.
- Print and attach the electronic confirmation to the pleading.
4. The "Indigent Litigant" Exception
Under Rule 3, Section 21 of the Rules of Court, a party may be exempt from paying filing fees if they are authorized by the court to litigate as an indigent.
- Requirement: The party must file a motion to litigate as an indigent, supported by affidavits and certificates (e.g., Certificate of Indigency from the DSWD or the Punong Barangay).
- Effect: If granted, the fees shall be a lien upon any judgment rendered in the case favorable to the indigent, unless otherwise provided.
5. Consequences of Non-Payment or Underpayment
The Supreme Court has consistently ruled in cases like Sun Insurance Office, Ltd. vs. Asuncion that:
- The court acquires jurisdiction over the case/motion only upon payment of the prescribed fee.
- If the fee is not paid at the time of filing, the court may allow payment within a reasonable time, but not beyond the applicable prescriptive or reglementary period.
- For Motions for Extension: If the fee is not paid simultaneously with the motion, the motion is often deemed "pro-forma" or not filed at all, which can lead to the lapse of the period to file the actual petition.
6. Practical Tips for Practitioners
- Check the Station: Ensure the PMO or online payment is directed to the correct station (Manila, Cebu, or CDO).
- Verification: Always call the CA Clerk of Court or the JRD to verify the exact updated amount, as LRF and miscellaneous fees can vary.
- Proof of Payment: When filing by mail, always staple the original receipt or PMO to the first page of the original copy of the motion. If filing electronically, ensure the transaction reference number is clearly legible.