Who Pays Annulment Fees in the Philippines?

A comprehensive guide for lawyers, parties‐litigants, and curious observers

1. The Starting Point: “Whoever initiates, pays first.”

Under Philippine procedure the spouse who files the Petition for Declaration of Nullity or Annulment of Marriage must advance the required fees. This derives from two basic rules:

Rule 141, Rules of Court (Legal Fees) – the clerk of court cannot receive the pleading until the prescribed docket and filing fees are paid.
A.M. No. 02‑11‑10‑SC – the Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages expressly refers to Rule 141 for fees and to Rule 142 on costs.

In practice, therefore, the petitioner walks in with cash (or a postal money order if filing outside Manila) and shoulders the first out‑of‑pocket expenses.

2. What exactly has to be paid?

Typical Item	Who Advances	2025 Ball‑Park Cost (PHP, NCR filing)	Legal Basis / Practice
Filing, docket & sheriff’s fees	Petitioner	10,000 – 13,000	Rule 141; OCA circulars on updated rates
Indigent fund & mediation fee	Petitioner	1,000 – 2,500	Rule 141, Sec. 7 & A.M. No. 01‑10‑5‑SC
Professional fees (lawyer)	Each party hires—and pays—his or her own counsel, unless sharing by agreement	80,000 – 300,000+ (often on installment)	Code of Professional Responsibility Canon 20 (“reasonable fees”), plus private retainer
Psychological evaluation	Usually petitioner	20,000 – 50,000 per party evaluated	Not required by law but almost indispensable in practice; expense is evidentiary
Publication of summons / notice	Petitioner (later recoverable as costs)	6,000 – 15,000	Rule 141 & Art. 131, Family Code (if spouse is unknown or abroad)
Appearance or out‑of‑town fees of counsel	Party whose counsel incurs it	2,000 – 10,000 per hearing (variable)	Contract of services
Copying, notarization, messenger	Petitioner	2,000 – 5,000	Ordinary litigation expenses

Total cash outlay, 2025 average (Metro Manila): ≈ ₱120,000 – ₱350,000, heavier in the opening months because 60‑70 % is front‑loaded (filing fees, acceptance fee, evaluation).

3. Can the other spouse be ordered to reimburse?

Yes, but only after judgment and on specific grounds:

Costs of the suit (Rule 142, Sec. 1). Upon final judgment the court may award “costs” to either party. These costs are taxable and include docket, publication, and sheriff’s fees—but not attorney’s fees unless the court expressly awards them under Art. 2208 of the Civil Code (e.g., bad faith, unfounded refusal to settle, deliberately causing litigation).
Counterclaims or damages. If the respondent files a counterclaim (e.g., for moral damages due to malicious filing) and wins, the petitioner could end up paying both sides’ litigation costs.
Contractual Arrangement. Spouses may execute a compromise agreement or post‑nuptial settlement stipulating how they will share expenses. Courts routinely approve such agreements if not contrary to law or public policy.

4. Special relief for those who cannot afford the fees

Pauper Litigant or Indigent Status (Rule 141, Sec. 19).
Any natural person with a gross income of ≤ ₱30,000/month and no real property worth more than ₱300,000 may litigate exempt from payment of legal fees. A verified affidavit and supporting proofs (e.g., barangay certificate of indigency, ITR) must accompany the petition. The clerk stamps the pleading “PAUPER LITIGANT.”
Public Attorney’s Office (PAO).
If the petitioner meets PAO’s income threshold (monthly take‑home pay ≤ ₱24,000 in Metro Manila plus asset ceiling), PAO may appear gratis, eliminating attorney’s fees. The client must still pay—or seek waiver of—the filing fees unless also qualified as a pauper litigant.
Counsel de officio.
Under A.M. No. 02‑11‑10‑SC, the Family Court shall appoint one if both parties are unrepresented and indigent. Service is free; the State shoulders minimal incidentals.
Deferred or staggered payment.
Nothing in the rules bars the court from allowing payment by installment for compelling reasons. Some Family Courts routinely approve it upon motion.

5. Attorney’s fees: autonomy and ethical limits

No “contingent fee” based on the value of the marriage. The object of an annulment suit is status; it has no quantifiable monetary award. Contingent fees therefore violate Canon 20, CPR unless tied to ancillary monetary claims.
Charging a share of liquidated conjugal property is allowed—provided it is reasonable and complies with Art. 111 (spouses may agree in writing to divide expenses in proportion to their share).
Refunds or shifting may be ordered only if justified under Art. 2208 or Art. 2224–2225 (equitable indemnity).

6. Costs when both spouses jointly file

Philippine law does not allow a single “joint petition” for declaration of nullity or annulment; the action must be ex parte by one spouse. The closest workaround is for both spouses to:

Let one spouse file as petitioner;
Have the other spouse file an answer admitting all allegations and expressly waiving the right to receive costs or attorney’s fees.

They may then execute a private cost‑sharing agreement (e.g., 50‑50 on all outlays including lawyer’s fee). The court will respect it and usually approve the decree without ruling on costs.

7. Post‑judgment expenses: certificate, registry, NSO annotation

Entry of judgment fee / issuance of decree: ₱200–₱400
Civil Registrar annotation & PSA (formerly NSO) certification: ₱330 per copy + courier cost
Authorization to remarry (if applicable) under Art. 53: paid by the spouse who intends to remarry

These are purely ministerial and are paid by the requesting party, not by court order.

8. Jurisprudential snapshots

Case	Ratio on Fees
Domingo v. CA, G.R. No. 106819 (June 27 1994)	Parties cannot validly agree to waive all mandatory fees; filing fees are jurisdictional.
Malcampo v. Malcampo, G.R. No. 227983 (Jan 20 2021)	An award of attorney’s fees in annulment is exceptional; requires clear showing of bad faith.
Heirs of Malate v. Gamboa, G.R. No. 200905 (Aug 31 2022)	Litigation expenses may be recovered as actual damages when the act that forced litigation is wrongful.
People v. Gross, A.C. No. 12209 (Mar 23 2021)	Lawyer suspended for charging unconscionable “success fee” in an annulment case.

9. Practical pointers for petitioners and counsel

Prepare a cost worksheet and have the client sign it; transparency wards off future fee disputes.
Secure indigency proofs early; filing cannot proceed without the fee or approved waiver.
Ask the judge to tax costs in the dispositive portion if you aim to shift expenses to the respondent.
Record all receipts; they are compulsory attachments to a motion to tax costs.
Build attorney’s fees into the property settlement (e.g., each spouse pays from his/her net share) rather than as a separate award.

10. Frequently‑asked questions

Question	Short Answer
Can the filing fee be refunded if the petition is dismissed?	No, filing fees are non‑refundable; only “costs” may be awarded by the court.
Will the court ever split fees 50‑50 by default?	Not on its own; a party must pray for it and show legal basis.
If the petitioner loses, does he automatically pay the respondent’s lawyer?	No. Attorney’s fees need a specific award with factual basis; losing the case alone is insufficient.
Can I sue my ex later to reimburse half the expenses?	Only if a statutory or contractual ground exists (e.g., unjust enrichment, written agreement).

Conclusion

In Philippine annulment litigation the petitioner pays the bills up‑front, but the Rules of Court leave the door open—though narrowly—for reimbursement or shifting of costs after judgment. Parties of modest means may avoid or drastically reduce expenses through pauper‑litigant status, PAO assistance, or counsel de officio. Ultimately, sound planning, candid lawyer‑client agreements, and timely motions to tax costs are the keys to managing the financial side of ending an invalid or voidable marriage.

This article is for informational purposes only and is not a substitute for personalized legal advice. Laws and court fees change; always consult the latest Supreme Court circulars or a qualified Philippine family‑law practitioner.