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OCA CIRCULAR NO. 256,- 2022
TO ALL CONCERNED JUDGES, CLERKS OF
COURT, BRANCH CLERKS OF COURT AND
OFFICERS- IN-CHARGE/ACTING CLERKS
OF COURT OF THE FIRST AND SECOND
LEVEL COURTS
SUBJECT GUIDELINES IN THE ASSESSMENT OF
FILING FEES IN REAL ACTIONS
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,' which includes, but not
limited to:
(a) Accion Reivindicatoria or Accion de Reivindicacioni:
(b) Accion Publicianai'
( c) Recovery of Possession or Ownership;"
(d) Cancellation or Annulment of Deed of Sale and Transfer
Certificate Title/Land Titles, or Tax Declarations, involving real
property under the name of anotherr'
(e) Judicial Foreclosure of Mortgage;"
(f) Expropriation Proceedings;
(g) Partition of Real Property;
(h) Quieting of Title;7 and
I 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).
3Id.
4 See the discussion on The Heirs of Alfredo Cullado vs. Dominic V. Gutierrez, GR No. 212938 (30 July 2019).
51d. See footnote 2 at 55, citing Heirs ofSebe vs. Heirs of Sevilla, G.R. No. 174497, (12 October 20.09).
6 Alona G. Roldan vs. Rommel Matorres and Han. Jemena Abellar Arbis, G.R. No. 214803 (23 ApnI2018),
7 Ermita S. Gatmaytan and Erlinda V Valdellon vs. Misibis Land, Inc., G.R. No. 222166 (10 June 2020).
(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."
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;" 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."
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. II
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
8Section 7(a), Rule 141 of the Rules of Court.
91d.
10ld.
11 Section 8(a), Rule 141 of the Rules of Court.
12 ld.
2
(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 (Php 500.00); 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 (Php 500.00) and the amount
equivalent to that indicated in the Schedule of Payments under
Section 8(a), Rule 141 of the Rules of Court."
4. The Current Zonal Valuation may be accessed in the Bureau of
Internal Revenue's website at htips://www.bir.gov.phlindex.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.
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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.
28 September 2022
13 Section 8(a), Rule 141 of the Rules of Court.
14 Section 8 (c), Rule 141 of the Rules of Court.
15 [d.
