Short answer. Unless already paid, you must pay the corresponding docket and other lawful fees to the Supreme Court clerk and deposit P500 for costs at the time of filing, and submit proof that a copy of the petition was served on the lower court and the adverse party.

What the law says

Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition.

Rule 45, Section 3 — Docket and other lawful fees; proof of service of petition. Read the full provision →

What the law says

Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition.

Rule 45, Section 3 — Docket and other lawful fees; proof of service of petition. Read the full provision →

Fees due at filing, unless already paid

Section 3 ties payment directly to the moment of filing. Unless he has theretofore done so, the petitioner shall pay the corresponding docket and other lawful fees to the clerk of court of the Supreme Court and deposit the amount of P500.00 for costs at the time of the filing of the petition. The 'unless he has theretofore done so' phrase covers a petitioner who already paid at an earlier stage.

Proof of service is filed with the petition

Payment is only half of what accompanies the petition. Proof of service of a copy thereof on the lower court concerned and on the adverse party shall be submitted together with the petition. Both the court that issued the decision being appealed and the opposing party must be served, and that service must be documented at the same time the petition is filed.

Why these go together

Pairing the fee payment with the proof of service requirement in a single section reflects how tightly the Supreme Court screens incoming Rule 45 petitions at intake — a petitioner should treat both as due simultaneously with the petition itself, not as items to complete afterward. A petition arriving without either the fees or the proof of service risks being flagged immediately, before the Court ever reaches the substance of what is being appealed.

What counts as the lower court to be served

Because Rule 45 petitions can come up from either the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, or a Regional Trial Court on a pure question of law, the lower court concerned that must be served under Section 3 is whichever of these actually rendered the judgment, final order, or resolution being appealed. Serving the wrong tribunal, or the trial court when the appeal is really from the Court of Appeals decision, does not satisfy the proof of service requirement.

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.