Civil Procedure Notes Compiled University of San Carlos College of Law

CIVIL PROCEDURE NOTES COMPILED UNIVERSITY OF SAN CARLOS COLLEGE
OF LAW
37
SECTION 1. Xxxxxx
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 therefore 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.
(b) The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to
include the corresponding civil action. No reservation to file such civil action separately
shall be allowed.
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in
full the filing fees based on the amount of the check involved, which shall be considered
as the actual damages claimed. Where the complaint or information also seeks to
recover liquidated, moral, nominal, temperate or exemplary damages, the offended
party shall pay additional filing fees based on the amounts alleged therein. If the
amounts are not so alleged but any of these damages are subsequently awarded by the
court, the filing fees based on the amount awarded shall constitute a first lien on the
judgment.
EMNACE vs CA (2001) GR 126334
Payment of Filing fees In Case Civil Aspect Is Deemed Impliedly Instituted In the
Criminal Action:
In any event, the Court now makes that intent plainer, and in the interest of clarity and
certainty, categorically declares for guidance of all concerned that when the civil action
is deemed impliedly instituted with the criminal in accordance with Section 1, Rule 111
of the Rules of Court – because the offended party has not waived the civil action, or
reserved the right to institute it separately, or instituted the civil action prior to the
criminal action – the rule is as follows: (1) when the amount of the damages, other than
actual, is alleged in the complaint or information filed in court, then the corresponding
filing fees shall be paid by the offended party upon filing thereof in court for trial; (2) in
any other case, however, -- i.e. when the amount of damages is not so alleged in the
complaint or information filed in court the corresponding filing fees need not be paid and
shall simply constitute a first lien on the judgment, except in an award for actual
damages. (General vs. Hon. Claravall, et al., 195 SCRA 623)
Q: Suppose there was no mention of any claim for moral or exemplary damages, by not
stating the amount claimed, can he still prove them during the trial? YES
But he did not pay docket fee?
A: Never mind, once it is awarded, there is now a lien in the judgment for the payment
of the docket fee.
For Independent Civil Actions
In the case of Sun Insurance if the damages was not mentioned in the complaint in the
civil case they are deemed waived. If it is mentioned, and the amount is fixed you must
pay the docket fee at the start of the case though if it is not complete, you are given the
chance to complete the payment or amend the complaint within reasonable time.
In criminal cases, even if there is no mention of damages in the information, you can still
prove and claim them as long as there is no waiver or reservation.
When docket fee is due for actual damage:
So in criminal cases, if the claim for moral or exemplary damages is mentioned in the
information, you must pay the docket fee upon filing of the information. But whether
alleged in the information or not, you can claim for actual damages and there is no
docket fee for actual damages except in cases under BP 22. That is the exception
which is now embodied in Section 1 paragraph [b] which was taken from SC circular 57-
97 – there is no payment of docket fee for actual damages except in criminal cases for
violation of BP 22 because paragraph [b] says:
Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in
full the filing fees based on the amount of the check involved, which shall be considered
as the actual damages claimed.
OTHER CASES ON FILING FEE IN CIVIL CASES:
In the case of
MANCHESTER DEVELOPMENT CORP. vs. CA – 149 SCRA 562
FACTS: The plaintiff files a complaint and paid the docket fee but he did not specify the
amount of the damages he was claiming. He contended that he is claiming for moral
damages in such amount as the court will grant. Respondent contended, on the other
hand, that it cannot be done, there is a necessity to state the exact amount of the
damages in order to determine the correct amount of the docket fee. So the

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CIVIL PROCEDURE NOTES COMPILED UNIVERSITY OF SAN CARLOS COLLEGE

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