Civil Procedure: Filing Fee Requirements for Verified Complaints under Summary Procedure

Below is a comprehensive discussion of the filing fee requirements for verified complaints under the Revised Rules on Summary Procedure in the Philippines, along with key points on jurisdiction, coverage, relevant rules, and jurisprudence.


1. Overview of the Revised Rules on Summary Procedure

The Revised Rules on Summary Procedure (RRSP) were promulgated by the Supreme Court to expedite the resolution of certain cases, both civil and criminal, by dispensing with some of the more cumbersome and time-consuming aspects of ordinary court procedure. These rules cover specific actions and are intended to achieve swift disposition without sacrificing due process.

1.1. Civil Cases Covered by the Summary Procedure

Under the currently applicable rules (as amended), the following civil cases are typically covered by the Revised Rules on Summary Procedure:

  1. Forcible Entry and Unlawful Detainer (Ejectment) cases.
  2. Collection of a sum of money where the total claim (exclusive of interest and costs) does not exceed the jurisdictional threshold set by the Supreme Court for summary procedure.
  3. Other civil cases that may be enumerated by the Supreme Court or identified by law to be governed by summary procedure.

Each complaint filed under the summary procedure must be verified, meaning that the plaintiff (or a duly authorized representative) must swear under oath that the allegations in the complaint are true and correct, to the best of their knowledge and belief.


2. Filing Fees: General Principles Under Philippine Procedure

2.1. Source of Rules on Legal Fees

In the Philippines, filing fees (sometimes also called “docket fees”) are primarily governed by:

  • Rule 141 of the Rules of Court – This contains the official schedule of legal fees.
  • Issuances or Circulars by the Supreme Court that periodically adjust or clarify fees.

When a case is filed, payment of docket fees is generally required for the court to acquire jurisdiction over the subject matter of the action. Jurisprudentially, non-payment or insufficient payment of docket fees at the time of filing may result in dismissal of the complaint or other consequences, unless otherwise remedied under certain conditions.

2.2. Importance of Correct Payment

  • Jurisdictional Aspect: In landmark cases such as Manchester Development Corp. v. Court of Appeals and Sun Insurance Office, Ltd. v. Asuncion, the Supreme Court emphasized that the trial court acquires jurisdiction over the subject matter of the complaint only upon the full payment of the correct filing fees.
  • Possibility of Remedy: While some doctrines allow a party to rectify an underpayment if done before the expiration of the applicable prescriptive or reglementary period, it is always safest to pay the correct amount at the outset.

3. Filing Fees for Verified Complaints Under the Summary Procedure

3.1. Computation of Filing Fees

Even though the procedure is “summary,” Rule 141 of the Rules of Court (and the corresponding issuances by the Supreme Court) still govern the assessment and collection of filing fees. The fees are computed based on:

  1. Nature of the Action
    • In ejectment cases (forcible entry, unlawful detainer), filing fees are generally computed not only on the basis of unpaid rentals or the value of the property, but also on damages claimed, if any.
  2. Amount of Damages or Claim
    • If the complaint seeks monetary awards, the schedule in Rule 141 will specify the filing fees corresponding to the principal amount (exclusive of interest and costs).
    • For collection of sum of money or other civil claims covered by summary procedure, the assessed fees correspond to the monetary claim up to the jurisdictional threshold.

Key Point: The summary nature of the procedure does not exempt the plaintiff from paying the applicable filing fees according to the standard schedule.

3.2. Additional Fees

  • Sheriff’s Fee / Summons Fee: Apart from the basic filing fee, the plaintiff may be required to pay sheriff’s fees or other service fees if the court processes the summons and other processes through the sheriff or authorized process server.
  • Legal Research Fund (LRF) Fee: A minimal amount (usually a fixed percentage of the basic filing fee) is also collected for the Legal Research Fund under Republic Act No. 3870, as amended.
  • Other Surcharges or Penalties: In rare instances where the plaintiff incorrectly computes the claim or inadvertently pays lower fees, the court may order additional payments or surcharges.

4. Verified Complaint Requirement and Its Effect on Filing Fees

4.1. Verification of the Complaint

Under the Revised Rules on Summary Procedure, complaints must be verified. This means the complainant must attach a verification statement attesting to the truthfulness of the allegations. Although the verification requirement does not directly affect the amount of the filing fee, it is a procedural requirement that, if not complied with, can lead to dismissal of the complaint.

Note: Verification is distinct from certification against forum shopping, which is also generally required for initiatory pleadings under Philippine rules. Both must be properly executed; however, the certification against forum shopping is not directly related to the payment of the filing fee (though it is equally critical for valid initiation of the suit).

4.2. Effect of Non-Payment of Filing Fees on Verified Complaints

  • No Acquisition of Jurisdiction: If the plaintiff files a verified complaint under the summary procedure but fails to pay the correct filing fees, the court does not acquire jurisdiction over the subject matter. The complaint is subject to dismissal.
  • Possibility of Subsequent Payment: Courts may allow the plaintiff a period of time to pay the deficiency if the party demonstrates good faith or no intention of defrauding the government. But strict compliance is the rule; best practice is full payment upon filing.

5. Procedure for the Assessment and Payment of Filing Fees

5.1. Assessment by the Clerk of Court

When the verified complaint is filed, the Clerk of Court will:

  1. Review the allegations, particularly the amount of claim, damages demanded, or the value of the property if relevant.
  2. Assess the docket fees according to the schedule in Rule 141 and any relevant Supreme Court circulars.
  3. Inform the plaintiff (or counsel) of the total amount due, including other fees (LRF, sheriff’s fee, etc.).

5.2. Payment and Issuance of Official Receipt

  • The filing party pays the assessed amount to the Office of the Clerk of Court or designated cashier.
  • An Official Receipt (O.R.) is then issued, which becomes part of the records.

5.3. Proof of Payment in the Record

  • The court will check the record to confirm payment.
  • If there is any discrepancy, the court may issue an order directing the party to rectify it.

6. Indigency, Pauper Litigants, and Exemption from Filing Fees

6.1. In Forma Pauperis

Certain litigants deemed “indigent” or who qualify as pauper litigants under pertinent rules (e.g., based on income threshold or affidavit of indigency) may be exempt from the payment of filing fees upon approval by the court. However, they must still comply with the summary procedure’s requirements (including verification).

6.2. Court Approval Required

  • Mere filing of an affidavit of indigency does not automatically exempt payment. The court must find the applicant meets the requirements.
  • If approved, the pauper litigant is not required to pay docket fees initially but may be required to do so if the court finds that the litigant is, in fact, capable of paying.

7. Consequences of Non-Compliance or Incorrect Payment

  1. Dismissal of the Complaint – For failure to pay docket fees correctly or at all, the court may dismiss the complaint outright or require immediate correction.
  2. Lack of Jurisdiction – Without proper payment, the court lacks jurisdiction over the subject matter. This is a fundamental issue that can be raised at any stage of the proceedings.
  3. No Interruption of Prescriptive Period – If the court determines that it never acquired jurisdiction due to non-payment or underpayment of docket fees, the filing may not interrupt the running of the prescriptive period for the cause of action.

8. Relevant Jurisprudence and Rules

  1. Manchester Development Corp. v. Court of Appeals (G.R. No. 75919, May 7, 1987)
    • Landmark case emphasizing the requirement of complete and correct payment of docket fees for jurisdiction to vest in the court.
  2. Sun Insurance Office, Ltd. v. Asuncion (G.R. No. 79937, February 13, 1989)
    • Reiterated that the assessment of filing fees based on the amounts prayed for in the complaint is mandatory; the court will not acquire jurisdiction if fees are insufficiently paid.
  3. Revised Rules on Summary Procedure (A.M. No. 08-8-7-SC, as further amended)
    • Provides the streamlined procedure, coverage, and form requirements, including the verified complaint.
  4. Rule 141, Rules of Court
    • Governs the schedule of fees for all types of cases, including summary procedure cases.

9. Practical Tips for Litigants and Lawyers

  1. State All Claims and Damages Clearly: So the Clerk of Court can accurately compute docket fees.
  2. Verify the Complaint Properly: Use the correct verification form, ensuring it is signed, dated, and notarized.
  3. Pay the Correct Fees: Double-check the total with the Clerk of Court; keep the official receipt safe.
  4. Monitor Any Amendments to Rule 141: Filing fees may change periodically via Supreme Court issuances.
  5. Consider Indigency Procedures: If unable to afford the fees, inquire about filing in forma pauperis (pauper litigant status).
  6. Observe Deadlines: Delays in rectifying underpayment can result in dismissal.

10. Summary

  • Verified Complaints under Summary Procedure must comply with both substantive and procedural requirements, including verification and payment of correct filing fees.
  • Although the Revised Rules on Summary Procedure streamline litigation (especially in cases like ejectment or lower-value claims), the basic principle holds that correct filing fees under Rule 141 are indispensable.
  • Non-compliance with filing fee requirements can lead to dismissal, lack of jurisdiction, and loss of the cause of action due to prescription.

Overall, to successfully file a verified complaint under summary procedure, one must ensure that the complaint is duly verified in accordance with the rules, that the correct filing fees are paid (as determined by the Clerk of Court in accordance with the prevailing schedule of legal fees), and that all other procedural requirements—such as the certification against forum shopping—are likewise fulfilled. This safeguards the jurisdiction of the court and facilitates the efficient resolution of the case.

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