Guidelines in the Assessment of Filing Fees in Real Actions

September 28, 2022

OCA CIRCULAR NO. 256-2022

 

Due to numerous concerns on the assessment of filing fees in real actions, all Clerks of Court, Branch Clerks of Court, Officers-in-Charge/Acting Clerks of Court of the First and Second Level Courts are hereby DIRECTED to ADOPT the following guidelines:

1. Real Actions shall COMPRISE of actions affecting title to, or possession of, real property, or any interest therein, 1 which includes, but not limited to:

(a) Accion Reivindicatoria or Accion de Reivindicacion; 2

(b) Accion Publiciana; 3

(c) Recovery of Possession or Ownership; 4

(d) Cancellation or Annulment of Deed of Sale and Transfer Certificate of Title/Land Titles, or Tax Declarations, involving real property under the name of another; 5

(e) Judicial Foreclosure of Mortgage; 6

(f) Expropriation Proceedings;

(g) Partition of Real Property;

(h) Quieting of Title; 7 and

(i) Other civil actions involving title to real property or any interest therein.

2. The following are the basis for the ASSESSMENT of the filing fees in Real Actions with the SECOND LEVEL COURTS:

2.1. Real Actions

(a) Fair Market Value of the Real Property in litigation stated in the current tax declaration or Current Zonal Valuation of the Bureau of Internal Revenue, whichever is higher, or if there is none, the stated value of the property in litigation as alleged by the party in the initiatory pleading. 8

2.2. Real Actions with Money Claim

(a) Fair Market Value of the Real Property in litigation stated in the current tax declaration or Current Zonal Valuation of the Bureau of Internal Revenue, whichever is higher, or if there is none, the stated value of the property in litigation as alleged by the party in the initiatory pleading; 9 and

(b) The Total Sum Claimed, which includes the amount of claim or demand as stated in the initiatory pleading, interests, penalties, surcharges, damages of whatever kind, attorney's fees, and litigation expenses and costs. 10

3. The following are the basis for the ASSESSMENT of the filing fees in Real Actions with the FIRST LEVEL COURTS:

3.1. Real Actions other than for Forcible Entry and Unlawful Detainer

(a) Fair Market Value of the Real Property in litigation stated in the current tax declaration or Current Zonal Valuation of the Bureau of Internal Revenue, whichever is higher, or if there is none, the stated value of the property in litigation as alleged by the party in the initiatory pleading. 11

3.2. Real Actions with Money Claims, other than for Forcible Entry and Unlawful Detainer

(a) Fair Market Value of the Real Property in litigation stated in the current tax declaration or Current Zonal Valuation of the Bureau of Internal Revenue, whichever is higher, or if there is none, the stated value of the property in litigation as alleged by the party in the initiatory pleading; 12 and

(b) The Total Sum Claimed, which includes the amount of claim or demand as stated in the initiatory pleading, interests, penalties, surcharges, damages of whatever kind, attorney's fees, litigation expenses and costs. 13

3.3. Real Actions Involving Forcible Entry and Unlawful Detainer

(a) If there are no damages/costs prayed for, the filing fee shall be Five Hundred Pesos (Php500.00); 14

(b) If there is a prayer for interests, penalties, surcharges, damages of whatever kind, and attorney's fees, the filing fee shall be Five Hundred Pesos (Php500.00) and the amount equivalent to that indicated in the Schedule of Payments under Section 8 (a), Rule 141 of the Rules of Court. 15

4. The Current Zonal Valuation may be accessed in the Bureau of Internal Revenue's website at https://www.bir.gov.ph/index.php/zonal-values or using the QR code below. The Bureau of Internal Revenue's Current Zonal Valuation shall be provided by the party as attachment to the pleading. The concerned clerk of court may provide the attachment of the said Current Zonal Valuation but only for justifiable reasons.

5. For both the first and second level courts, in case there is/are provisional remedy/ies prayed for, additional filing fee or fees for each provisional remedy shall be ADDED, pursuant to Section 7 (m) or 8 (e) of Rule 141, as the case may be.

For your guidance and strict compliance.

(SGD.) RAUL B. VILLANUEVACourt Administrator

Footnotes

1. Section 1, Rule 4 of the Rules of Court.

2. See Judge Eleuterio Larisma Bathan, Remedial Law-Recitals in Civil Procedure, 57, 2016 ed. (2016).

3.Id.

4. See the discussion on The Heirs of Alfredo Cullado vs. Dominic V. Gutierrez, G.R. No. 212938 (30 July 2019).

5. Id. See footnote 2 at 55, citing Heirs of Sebe vs. Heirs of Sevilla, G.R. No. 174497, (12 October 2009).

6. Alona G. Roldan vs. Rommel Matorres and Hon. Jemena Abellar Arbis, G.R. No. 214803 (23 April 2018).

7. Ermita S. Gatmaytan and Erlinda V. Valdellon vs. Misibis Land, Inc., G.R. No. 222166 (10 June 2020).

8. Section 7 (a), Rule 141 of the Rules of Court.

9. Id.

10. Id.

11. Section 8 (a), Rule 141 of the Rules of Court.

12. Id.

13. Section 8 (a), Rule 141 of the Rules of Court.

14. Section 8 (c), Rule 141 of the Rules of Court.

15. Id.