Collection of Filing Fees in Civil Actions Instituted with the Criminal Actions
OCA Circular No. 54-2018 emphasizes the requirement for trial courts in the Philippines to collect filing fees for civil actions associated with criminal cases, as outlined in the Revised Rules of Court. It specifies that fees should be collected for moral, nominal, temperate, or exemplary damages, with actual damages exempt from fees. The circular mandates clerks of court to ensure appropriate legal fees are collected for both second and first level courts, detailing specific fees such as Docket Fees and other applicable charges. Notably, the circular states that a sheriff's expense of PHP 1,000 shall not be collected in these instances. Compliance with these guidelines is required from all relevant court officials.
March 21, 2018
OCA CIRCULAR NO. 54-2018
| TO | : | Executive/Presiding Judges, Clerks of Court/Officers-in-Charge/Accountable Officers and Sheriffs of the Second Level Courts |
| SUBJECT | : | Collection of Filing Fees in Civil Actions Instituted with the Criminal Actions |
A number of trial courts in the lower courts failed to collect fees in civil actions for the recovery of civil liability instituted with the criminal actions pursuant to Paragraphs 3, 4 and 5, Section 1, Rule 111 of the Revised Rules of Court (Prosecution of Civil Action), which provide:
"When the offended party seeks to enforce civil liability against the accused by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information, the filing fees therefor shall constitute a first lien on the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in the complaint or information, the corresponding filing fees shall be paid by the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, no filing fees shall be required for actual damages."
In this regard, all clerks of courts are directed to collect the appropriate legal fees for the total sum claimed, excluding actual damages, for cases filed as follows:
1. second level courts, a Docket Fee under Section 7 (a), Rule 141 of the Revised Rules of Court, Subpoena Fee/s, Legal Research Fee, Victim's Compensation Fee and Mediation Fee (if applicable); and
2. first level courts, a Docket Fee under Section 8 (a), Rule 141 of the Revised Rules of Court, Subpoena Fee/s, Legal Research Fee, Victim's Compensation Fee and Mediation Fee (if applicable).
However, unlike in Batas Pambansa Blg. 22 and estafa cases, the sheriff's expense (STF) of One Thousand Pesos (PHP1,000.00) shall not be collected.
For your information and strict compliance. aDSIHc
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator