Legal basis and policy rationale
- The resolution is anchored on Executive Orders 292 (1987), 159 (1994), 197 (2000), and other issuances requiring government agencies to adjust fees and charges using just and reasonable rates sufficient to cover the full cost of services-rendered.
- The resolution adopts a new schedule of legal fees/deposits payable to the NLRC.
New schedule of NLRC legal fees
- Certificate of Pending/No Pending Cases: PHP 300.00.
- Transcript of Stenographic Notes: PHP 10.00 per page.
- Certified Machine Copies: PHP 10.00 per page.
- Filing fee for Petition for Injunction/TRO*: PHP 3,000.00.
- Filing fee for Petition for Relief from Judgement*: PHP 3,000.00.
- Injunction Expense Fund (refundable): PHP 5,000.00 minimum.
BP 325 deposit fee under graduated rates
- The resolution sets the deposit fee under BP 325 as follows:
- For the first PHP 2,000.00: PHP 20.00.
- For PHP 2,001.00 to PHP 18,000.00: PHP 90.00.
- For over PHP 18,000.00: (x.5%) (i.e., a rate of 0.5% on the amount over PHP 18,000.00).
Other filing and motion fees
- Filing fee for Motion to Quash (re: Writ of Execution)*: PHP 500.00.
- Filing fee for Motion for Recompute Award*: PHP 500.00.
- Filing fee for Third Party Claim/Complaint*: PHP 5,000.00.
- Appeal fee: PHP 150.00.
- Legal Research Fee (UP Law Center): PHP 20.00.
Execution fee: pro-rata charging
- The resolution provides that the execution fee is charged pro-rata and applies these graduated amounts:
- For awards less than PHP 5,000.00: PHP 200.00.
- For awards PHP 5,000.00 or more but less than PHP 20,000.00: PHP 400.00.
- For awards PHP 20,000.00 or more but less than PHP 50,000.00: PHP 600.00.
- For awards PHP 50,000.00 or more but less than PHP 100,000.00: PHP 800.00.
- For awards PHP 100,000.00 or more but less than PHP 150,000.00: (PHP 1,000.00 plus PHP 10.00 for every PHP 1,000.00 in excess of PHP 150,000.00).
- For awards PHP 150,000.00 or more: (PHP 1,000.00 plus PHP 10.00 for every PHP 1,000.00 in excess of PHP 150,000.00).
Indigent litigants: exemption and lien
- The imposition of the fees/charges is qualified for indigent litigants unless otherwise provided by law, rule, or regulation.
- Indigent litigants are those whose:
- Gross income and that of their immediate family do not exceed double the monthly minimum wage for an employee, and
- They do not own real property with a fair market value exceeding PHP 300,000.00, as stated in the current tax declaration.
- When qualified, fees/charges are exempted from immediate payment.
- If exempted, the fees/charges become a lien on any judgement rendered in the case favorable to the indigent litigant, unless otherwise provided.
- To obtain the exemption, the litigant must execute an affidavit stating that:
- They and their immediate family do not earn gross income above the specified threshold, and
- They do not own real property with fair market value above PHP 300,000.00.
- Any falsity in the affidavit is sufficient cause to:
- Dismiss the complaint or action, or
- Strike out the pleading of the party,
- In addition to whatever criminal liability is incurred.
Transitory period and payment deadline
- For the new filing fees, the concerned party is granted five (5) days to pay the fees.
- The five-day payment period is within a transitory period of six (6) months from effectivity of this Resolution.
Effectivity and adoption
- The resolution states it takes effect after fifteen (15) days from publication in newspapers of general circulation.
- The resolution is adopted 01 Sept. 2005.
- It is signed by NLRC Chairperson Benedicto Ernesto R. Bitonio, Jr. and presiding commissioners/commissioners shown in the resolution, with attestation by the Executive Clerk of Court IV and approval by the Secretary, Department of Labor and Employment.