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What is/are the basis for filing fees? Explain.

Rule 141 of the Rules of Court as amended by A.M. No. 00-2-01-SC provides for
the basis for the payment of legal fees in court. Section 1 of the Rule provides that the
fees prescribed shall be paid in full upon the filing of the pleading or other application
which initiates an action or proceeding. The said Rule provides for a schedule of legal
fees for the First Level Courts, Regional Trial Courts, Court of Appeals, and the
Supreme Court, and other necessary legal and docket fees paid upon the filing of an
action or proceeding.

The importance of the payment of filing fees is emphasized by the Supreme


Court in the case of La Salette College Vs Victor C. Pilotin, G.R. No. 149227, December
11, 2003. it held that the filing of the docket fees are necessary to defray court
expenses in the handling of cases. For this reason, and to secure a just and speedy
disposition of every action and proceeding, the Rules on Civil Procedure mandates the
payment of docket and other lawful fees within the prescribed period. Otherwise, the
jurisdiction of the proper court to handle a case is adversely affected.

In the problem presented, the primary action being prayed for by the plaintiff is
for the defendant bank to unfreeze the FCD account and to return the proceeds thereof,
being an action for specific performance, the complaint is one incapable of pecuniary
estimation. Hence, it is under the jurisdiction of the Regional Trial Courts. Section 7 of
Rule 141 provides for corresponding filing fee, to wit:

Section 7. Clerks of Regional Trial Courts. —

xxx

(b) For filing

1. Actions where the value of the subject matter cannot be estimated- P2000.00
(effective Nov. 11 2006).

Thus, the corresponding filing fee that should be paid by the complainant in court
is Two Thousand Pesos (Php 2000.00).

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