Short answer. Not necessarily. RA 9262 provides that where the victim is an indigent, or where there is an immediate necessity due to imminent danger or threat of danger, the court shall accept the application without payment of the filing fee, other fees, and the transcript of stenographic notes.

What the law says

If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

RA 9262, Section 38 — Exemption From Docket Fees. Read the full provision →

Two gateways, joined by “or”

The conjunction is the whole point of the sentence and it is easy to read past. Indigency is one route. Immediate necessity due to imminent danger or threat of danger is a second, entirely separate route, and it says nothing about your means. So a woman who is not indigent is not outside the provision where there is urgency, and a woman who is indigent does not have to establish danger as well. Whichever fits your situation is the one to put forward.

What the exemption reaches

Three things are named: the filing fee, other fees, and the transcript of stenographic notes. That last item is the one people are surprised by, because transcript costs in a contested matter can exceed the filing fee several times over. Note also the verb — the court shall accept the application without payment. What the provision describes is acceptance of the application on the day, not a promise to collect the money at some later stage.

The application form has its own field

Separately from that exemption, the standard protection order application form is to contain a request for waiver of application fees until hearing. So there are two distinct things in the Act, and it is worth being clear which is being discussed when you are at the counter. Complete the field on the form, and raise the exemption as well if indigency or immediate necessity applies. Barangay officials and court personnel are directed to assist applicants in preparing the application, so ask them to go through it with you.

Cost is not only about fees

Representation is the larger expense, and it is dealt with in the same application. If you request counsel because you lack the economic means to hire one, the court is directed to immediately have the Public Attorney's Office represent you at the hearing, and lack of access to family or conjugal resources — such as where they are controlled by the perpetrator — qualifies you for that. Prosecutors and court personnel are also directed to inform you of the privileges available to indigent litigants.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.