Short answer. You must file a verified petition in seven legible copies, with proof of service on the adverse party and the agency below, and pay the docketing fees plus a P500 deposit for costs — though the Court of Appeals may grant exemption on a verified motion showing valid grounds.
What the law says
Appeal shall be taken by filing a verified petition for review in seven legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo.
Rule 43, Section 5 — How appeal taken. Read the full provision →
What the law says
Upon the filing of the petition, the petitioner shall pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs.
Rule 43, Section 5 — How appeal taken. Read the full provision →
What the law says
Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor.
Rule 43, Section 5 — How appeal taken. Read the full provision →
Seven copies, verified, with proof of service
The mechanics of taking a Rule 43 appeal are specific. Section 5 requires the appeal to be taken by filing a verified petition for review in seven legible copies with the Court of Appeals, with proof of service of a copy thereof on the adverse party and on the court or agency a quo. Missing the verification, the copy count, or the proof of service exposes the petition to the dismissal grounds set out elsewhere in this Rule, so petitioners should double-check each element before submitting. The seven-copy requirement in particular exists to give the court, its members, and the parties each a working copy without anyone needing to photocopy the petition themselves.
Fees due at the time of filing
Filing is not free. The petitioner must, upon filing, pay to the clerk of court of the Court of Appeals the docketing and other lawful fees and deposit the sum of P500.00 for costs. These are due at the same time as the petition itself, not as a follow-up step, so a petitioner should be prepared to pay when the papers are filed, rather than expecting a grace period to settle the fees afterward. A petition tendered without the corresponding payment risks being treated as not properly filed at all, regardless of how complete the rest of the paperwork is.
A narrow escape hatch for indigent or hardship cases
The rule does not force every petitioner to pay regardless of circumstance. Exemption from payment of docketing and other lawful fees and the deposit for costs may be granted by the Court of Appeals upon a verified motion setting forth valid grounds therefor. This is discretionary and requires its own verified motion — a petitioner cannot simply skip payment and explain later; the exemption must be sought and granted first, before the fee obligation is treated as satisfied. A petitioner who simply cannot afford the fees should raise that circumstance through this specific mechanism rather than assuming the court will overlook nonpayment.
Related provisions
- Rule 43, Section 5 — How appeal taken
- Rule 43, Section 6 — Contents of the petition
- Rule 43, Section 7 — Effect of failure to comply with requirements