Schedule of Fees for Filing a Petition for Review Under Rule 43

Rule 43 of the 1997 Rules of Civil Procedure, as amended by the 2019 Revised Rules of Civil Procedure, governs appeals by petition for review from the decisions, final orders, awards, or resolutions of quasi-judicial agencies of the government to the Court of Appeals. Among the quasi-judicial bodies expressly covered by Rule 43 are the Civil Service Commission, Securities and Exchange Commission, National Labor Relations Commission, Office of the Ombudsman (in administrative disciplinary cases), Department of Agrarian Reform, Land Registration Authority, Social Security Commission, Employees’ Compensation Commission, and other agencies exercising quasi-judicial functions as enumerated in Section 1 thereof. The petition for review under Rule 43 is a mode of appeal that replaces the former writ of certiorari or ordinary appeal in these cases, ensuring a uniform and expeditious review of administrative and quasi-judicial determinations.

The filing of a petition under Rule 43 is not complete without the payment of the corresponding docket and other lawful fees. Section 5 of Rule 43 expressly requires that “the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Court of Appeals.” This requirement is not a mere procedural formality; it is jurisdictional in character. Jurisprudence has consistently held that the timely payment of docket fees is an indispensable requirement for the perfection of an appeal, and non-compliance may result in the outright dismissal of the petition. The duty to pay arises simultaneously with the filing of the petition within the reglementary period of fifteen (15) days from receipt of the assailed decision, order, award, or resolution, extendible for another fifteen (15) days upon motion and for good cause shown.

The schedule of fees for petitions filed under Rule 43 is prescribed by the Supreme Court in the exercise of its constitutional rule-making power under Article VIII, Section 5(5) of the 1987 Constitution and is embodied in Rule 141 of the Rules of Court, as repeatedly amended. Rule 141, titled “Legal Fees,” contains the uniform schedule applicable to the Court of Appeals. The fees are collected by the Clerk of Court of the Court of Appeals (either the Manila or Cebu station, depending on the venue chosen by the petitioner) and are deposited in the appropriate government funds, including the Judiciary Development Fund (JDF), the Special Allowance for the Judiciary (SAJ) Fund under Republic Act No. 9227, and the Legal Research Fund (LRF).

As of the latest schedule of legal fees under Rule 141 (as amended), the following constitute the complete schedule of fees for the filing of a Petition for Review under Rule 43:

  1. Basic Docket Fee – ₱1,000.00
    This is the principal filing or docket fee imposed upon the acceptance of the petition for docketing.

  2. Judiciary Development Fund (JDF) Surcharge – Ten percent (10%) of the basic docket fee, or ₱100.00.
    The JDF is a special fund created under Presidential Decree No. 1949, as amended, to support the modernization and improvement of court facilities and personnel.

  3. Special Allowance for the Judiciary (SAJ) Fee – ₱200.00 (fixed under the implementing guidelines of R.A. 9227).
    This fee supports the grant of additional allowances to members and personnel of the Judiciary.

  4. Legal Research Fund (LRF) Fee – ₱10.00 (pursuant to Republic Act No. 3870, as amended).
    The LRF is intended to fund the continuous updating and publication of legal research materials for the Judiciary and the legal profession.

  5. Clerk of Court’s Commission on Legal Fees – No additional commission is collected on the docket fee itself for appellate petitions; however, any subsequent requests for certified copies, writs, or other services after docketing will incur the fees prescribed under the remaining sections of Rule 141.

  6. Miscellaneous or Additional Fees (if applicable):

    • For every page in excess of the required number of pages in the petition or its annexes – ₱10.00 per page (subject to the page limits under the Rules).
    • For filing a motion for reconsideration of the Court of Appeals’ decision – one-half (½) of the above docket fee schedule.
    • For issuance of a writ of execution or other process after finality – the fees prescribed under Section 10 of Rule 141 for execution of judgments.
    • Stenographic notes, if the petitioner requests copies of the records from the quasi-judicial agency – actual cost of reproduction plus ₱50.00 per page or as billed by the agency.

The total amount payable upon filing of the original petition is therefore ₱1,310.00 (₱1,000 basic docket + ₱100 JDF + ₱200 SAJ + ₱10 LRF), exclusive of any excess-page fees or other incidental charges. Payment must be made in cash or in a manager’s or cashier’s check payable to the “Clerk of Court, Court of Appeals.” In cases where electronic filing is permitted under the applicable e-Court or e-Filing guidelines of the Court of Appeals, payment may be effected through authorized online banking channels or payment gateways approved by the Supreme Court, provided that proof of electronic payment is attached to the electronically filed petition.

Payment must accompany the seven (7) legible copies of the petition (one original and six copies), together with the required annexes, sworn certification against forum shopping, and proof of service upon the adverse party and the court or agency a quo. The Clerk of Court is mandated to issue an official receipt immediately upon payment and to docket the case only after full payment of the prescribed fees. Partial payment or underpayment renders the petition unperfected and subject to outright denial or dismissal.

Exemptions and Indigent Litigants
Litigants who are unable to pay the prescribed fees may avail of the privilege to litigate as paupers or indigents under Section 21 of Rule 3 and Section 19 of Rule 141. A verified motion for leave to litigate as pauper, supported by an affidavit of indigency and proof of inability to pay (such as a certification from the barangay captain or the Department of Social Welfare and Development), must be filed together with the petition. If the motion is granted, the petitioner is exempted from the payment of all docket and lawful fees. The Court of Appeals retains the discretion to require additional proof or to deny the motion if the petitioner’s financial capacity is found to be misrepresented. Grant of the exemption does not, however, relieve the petitioner from the duty to serve copies of the petition on the adverse party at his own expense.

Consequences of Non-Payment
Failure to pay the full docket and lawful fees within the reglementary or extended period is a ground for dismissal of the petition under Section 7 of Rule 43 and Rule 56. The Court of Appeals may motu proprio dismiss the petition or deny due course to it for non-payment, without prejudice to the refiling of a new petition (subject, of course, to the finality of the assailed decision). The Supreme Court has repeatedly emphasized in a long line of decisions that the payment of docket fees is mandatory and jurisdictional; mere reliance on the good faith of the petitioner or an honest mistake does not excuse non-compliance.

Related and Subsequent Fees
After the petition is given due course, additional fees may become payable, such as:

  • Fees for the transmittal of the records from the quasi-judicial agency (borne by the petitioner if ordered).
  • Fees for the issuance of a temporary restraining order or writ of preliminary injunction, if prayed for (subject to the schedule under Rule 141, Section 10).
  • Fees upon the filing of a motion for reconsideration or new trial.
  • Fees for the issuance of an entry of judgment or certified true copies of the decision.

All these fees continue to be governed by the same Rule 141 schedule and any amendments thereto issued by the Supreme Court through administrative matters or en banc resolutions.

In sum, the schedule of fees for filing a Petition for Review under Rule 43 forms an integral part of the procedural architecture designed to ensure the orderly and self-sustaining administration of justice in the appellate courts. Strict adherence to the payment requirement upholds the principle that the right to appeal is statutory and may be exercised only in the manner and within the time prescribed by law. Petitioners and counsel are well-advised to verify the exact amount with the Office of the Clerk of Court of the Court of Appeals immediately prior to filing, as the Supreme Court retains the authority to adjust the schedule periodically to reflect economic realities and the needs of the Judiciary. Compliance with the schedule not only perfects the appeal but also contributes to the financial independence and efficiency of the Philippine judicial system.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.