Rule 139-B
Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.
The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (As amended by Bar Matter No. 1960).
A. PROCEEDINGS IN THE
INTEGRATED BAR OF THE PHILIPPINES
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three(3) investigators to investigate the complaint All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.
An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.
Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.
Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators shall investigate all complaint against members of the Integrated Bar referred to them by the IBP Board of Governors.
Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the complainant(s) in the preparation and filing of his complaint(s).
Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complainant.
No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.
Sec. 6. Verification and service of answer. - The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.
Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.
Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.
The Investigator shall terminate the investigation within three (3) months from the date of its commencement unless extended for good cause by the Board of Governors upon prior application.
Willfull failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting forth its findings and recommendations, which `shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.
Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s).
Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.
Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors.
Any suitable members of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.
Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic notes and the transcripts thereof and all the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.
Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstance may warrant, including invalidation of the entire proceedings.
Sec. 12. View and decision by the Board of Governors. -
(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report
(b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.
(c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board’s resolution, the Supreme Court orders otherwise.
(d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.
.
B. PROCEEDINGS IN THE SUPREME COURT
Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme Court in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case, the investigation shall proceed in the same manner provided in Sections 6 to 11 hereof, save that the review report of the investigation shall be conducted directly by the Supreme Court.
Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a resolution containing his findings of fact and recommendations together the record and all the evidence presented in the investigation for the final action of the Supreme Court.
C. COMMON PROVISIONS
Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigator, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.
Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.
Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.
Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.
Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges forthwith the parties may be taxed as costs.
Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed. (Bar Matter No. 356, Resolution dated April 13, 1988).
AMENDMENT OF SECTION 1, RULE 139-B OF THE REVISED RULES OF COURT
BAR MATTER NO. 1960
AMENDMENT OF SECTION 1, RULE 139-B OF THE REVISED RULES OF COURT
The Court, pursuant to its rule-making power under Section 5(5) of Article VIII of the Constitution in relation to its power to administratively supervise courts under Section 8 and to discipline judges of lower courts under Section 11 of the same Article, resolved to AMEND Section 1, Rule 139-B of the Rules of Court to read as follows:
“SECTION 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.
"The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication.
"Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.”
The foregoing amendment shall take effect on 01 May 2000 after publication of this Resolution in at least two (2) newspapers of general circulation not later than 15 March 2000.
The Clerk of Court is directed to furnish all lower courts, all government and the Integrated Bar of the Philippines with copies of this Resolution.
(Sgd.) HILARIO G. DAVIDE, JR.
Chief Justice
(Sgd.) JOSUE N. BELLOSILLO (Sgd.) JOSE A. R. MELO
Associate Justice Associate Justice
(Sgd.) REYNATO S. PUNO (Sgd.) JOSE C. VITUG
Associate Justice Associate Justice
(Sgd.) SANTIAGO M. KAPUNAN (Sgd.) VICENTE V. MENDOZA
Associate Justice Associate Justice
(Sgd.) ARTEMIO V. PANGANIBAN (Sgd.) LEONARDO A. QUISUMBING
Associate Justice Associate Justice
(Sgd.) FIDEL P. PURISIMA (Sgd.) BERNARDO P. PARDO
Associate Justice Associate Justice
(Sgd.) ARTURO B. BUENA (Sgd.) MINERVA P. GONZAGA-REYES
Associate Justice Associate Justice
(Sgd.) CONSUELO YNARES-SANTIAGO (Sgd.) SABINO R. DE LEON, JR.
Associate Justice Associate Justice
AMENDMENT OF SECTION 1, RULE 139-B OF THE REVISED RULES OF COURT
The Court, pursuant to its rule-making power under Section 5(5) of Article VIII of the Constitution in relation to its power to administratively supervise courts under Section 8 and to discipline judges of lower courts under Section 11 of the same Article, resolved to AMEND Section 1, Rule 139-B of the Rules of Court to read as follows:
“SECTION 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.
"The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication.
"Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.”
The foregoing amendment shall take effect on 01 May 2000 after publication of this Resolution in at least two (2) newspapers of general circulation not later than 15 March 2000.
The Clerk of Court is directed to furnish all lower courts, all government and the Integrated Bar of the Philippines with copies of this Resolution.
(Sgd.) HILARIO G. DAVIDE, JR.
Chief Justice
(Sgd.) JOSUE N. BELLOSILLO (Sgd.) JOSE A. R. MELO
Associate Justice Associate Justice
(Sgd.) REYNATO S. PUNO (Sgd.) JOSE C. VITUG
Associate Justice Associate Justice
(Sgd.) SANTIAGO M. KAPUNAN (Sgd.) VICENTE V. MENDOZA
Associate Justice Associate Justice
(Sgd.) ARTEMIO V. PANGANIBAN (Sgd.) LEONARDO A. QUISUMBING
Associate Justice Associate Justice
(Sgd.) FIDEL P. PURISIMA (Sgd.) BERNARDO P. PARDO
Associate Justice Associate Justice
(Sgd.) ARTURO B. BUENA (Sgd.) MINERVA P. GONZAGA-REYES
Associate Justice Associate Justice
(Sgd.) CONSUELO YNARES-SANTIAGO (Sgd.) SABINO R. DE LEON, JR.
Associate Justice Associate Justice
CHARGES AGAINST JUDGES OF FIRST INSTANCE
Rule 140
Section 1. Complaint. - All charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents which may substantiate said facts.
Sec. 2. Service or dismissal. - If the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him to answer within ten (10) days from the date of service. If the charges do not merit action, or if the answer shows to the satisfaction of the court that the charges are not meritorious, the same shall be dismissed.
Sec. 3. Answer; hearing. - Upon the filing of respondent's answer, or upon the expiration of the time for its filing, the court shall assign one of its members, a Justice of the Court of Appeals or a judge of first instance to conduct the hearing of the charges. The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall be served on both parties. At such hearing the parties may present oral or written evidence.
Sec. 4. Report. - After the hearing, the Justice or judge shall file with the Supreme Court a report of his findings of facts and conclusions of law, accompanied by the evidence presented by the parties and the other parties in the case.
Sec. 5. Action. - After the filing of the report, the court will take such action as the facts and the law may warrant.
Sec. 6. Confidential. - Proceedings against judges of first instance shall be private and confidential.
Section 1. Complaint. - All charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents which may substantiate said facts.
Sec. 2. Service or dismissal. - If the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him to answer within ten (10) days from the date of service. If the charges do not merit action, or if the answer shows to the satisfaction of the court that the charges are not meritorious, the same shall be dismissed.
Sec. 3. Answer; hearing. - Upon the filing of respondent's answer, or upon the expiration of the time for its filing, the court shall assign one of its members, a Justice of the Court of Appeals or a judge of first instance to conduct the hearing of the charges. The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall be served on both parties. At such hearing the parties may present oral or written evidence.
Sec. 4. Report. - After the hearing, the Justice or judge shall file with the Supreme Court a report of his findings of facts and conclusions of law, accompanied by the evidence presented by the parties and the other parties in the case.
Sec. 5. Action. - After the filing of the report, the court will take such action as the facts and the law may warrant.
Sec. 6. Confidential. - Proceedings against judges of first instance shall be private and confidential.
RE: PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DISCIPLINE OF JUSTICES AND JUDGES
A.M. NO. 01-8-10-SC
RE: PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DISCIPLINE OF JUSTICES AND JUDGES
The Court resolved to APPROVE the amendment of Rule 140 of the Rules of Court regarding the discipline of Justices and Judges, so as to read as follows:
RULE 140
DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
SECTION 1. How instituted. – Proceedings for the discipline of judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon a verified complaint, supported by affidavits of person who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.
SEC. 2. Action on the complaint. – If the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent, and he shall be required to comment within ten (10) days from the date of service. Otherwise, the same shall be dismissed.
SEC. 3. By whom complaint investigated. – Upon the filing of the respondent’s comment, or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the Office of the Court Administrator for evaluation, report, and recommendation or assign the case for investigation, report, and recommendation to a retired member of the Supreme Court, if the respondent is a Justice of the Court of Appeals and the Sandiganbayan, or to a Justice of the Court of Appeals, if the respondent is a Judge of a Regional Trial Court or of a special court of equivalent rank, or to a Judge of the Regional Trial Court if the respondent is a Judge of an inferior court.
SEC. 4. Hearing. – the investigating Justice or Judge shall set a day of the hearing and send notice thereof to both parties. At such hearing the parties may present oral and documentary evidence. If, after due notice, the respondent fails to appear, the investigation shall proceed ex parte.
The Investigating Justice or Judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant.
SEC. 5. Report. – Within thirty (30) days from the termination of the investigation, the investigating Justice or Judge shall submit to the Supreme Court a report containing findings of fact and recommendation. The report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. The report shall be confidential and shall be for the exclusive use of the Court.
SEC. 6. Action. – The Court shall take such action on the report as the facts and the law may warrant.
SEC. 7. Classification of charges. – Administrative charges are classified as serious, less serious, or light.
SEC. 8. Serious charges. – Serious charges include:
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);
3. Gross misconduct constituting violations of the Code of Judicial Conduct;
4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;
5. Conviction of a crime involving moral turpitude;
6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers and litigants in a case pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11. Alcoholism and/or vicious habits.
SEC. 9. Less Serious Charges. – Less serious charges include:
1. Undue delay in rendering a decision or order, or in transmitting the records of a case;
2. Frequently and unjustified absences without leave or habitual tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives, and circulars;
5. Receiving additional or double compensation unless specifically authorized by law;
6. Untruthful statements in the certificate of service; and
7. Simple Misconduct.
SEC. 10. Light Charges. – Light charges include:
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending case/cases in his court; and
4. Undue delay in the submission of monthly reports.
SEC. 11. Sanctions. – A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;
2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding P40,000.00
B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:
1. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or
2. A fine of more than P10,000.00 but not exceeding P20,000.00.
C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or
2. Censure;
3. Reprimand;
4. Admonition with warning.
SEC. 12. Confidentiality of proceedings. – Proceedings against Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan shall be private and confidential, but a copy of the decision or resolution of the court shall be attached to the record of the respondent in the Office of the Court Administrator.
These amendments to Rule 140 shall take effect on October 1, 2001 following their publication in two newspapers of general circulation on or before September 15, 2001.
September 11, 2001, Manila.
HILARIO G. DAVIDE, JR.
Chief Justice
JOSUE N. BELLOSILLO JOSE A.R. MELO
Associate Justice Associate Justice
REYNATO S. PUNO JOSE C. VITUG
Associate Justice Associate Justice
SANTIAGO M. KAPUNAN VICENTE V. MENDOZA
Associate Justice Associate Justice
ARTEMIO V. PANGANIBAN LEONARDO A. QUISUMBING
Associate Justice Associate Justice
BERNARDO P. PARDO ARTURO B. BUENA
Associate Justice Associate Justice
MINERVA P. GONZAGA-REYES CONSUELO YNARES-SANTIAGO
Associate Justice Associate Justice
SABINO R. DE LEON, JR. ANGELINA SANDOVAL-GUTIERREZ
Associate Justice Associate Justice
RE: PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DISCIPLINE OF JUSTICES AND JUDGES
The Court resolved to APPROVE the amendment of Rule 140 of the Rules of Court regarding the discipline of Justices and Judges, so as to read as follows:
RULE 140
DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN
SECTION 1. How instituted. – Proceedings for the discipline of judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon a verified complaint, supported by affidavits of person who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.
SEC. 2. Action on the complaint. – If the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent, and he shall be required to comment within ten (10) days from the date of service. Otherwise, the same shall be dismissed.
SEC. 3. By whom complaint investigated. – Upon the filing of the respondent’s comment, or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the Office of the Court Administrator for evaluation, report, and recommendation or assign the case for investigation, report, and recommendation to a retired member of the Supreme Court, if the respondent is a Justice of the Court of Appeals and the Sandiganbayan, or to a Justice of the Court of Appeals, if the respondent is a Judge of a Regional Trial Court or of a special court of equivalent rank, or to a Judge of the Regional Trial Court if the respondent is a Judge of an inferior court.
SEC. 4. Hearing. – the investigating Justice or Judge shall set a day of the hearing and send notice thereof to both parties. At such hearing the parties may present oral and documentary evidence. If, after due notice, the respondent fails to appear, the investigation shall proceed ex parte.
The Investigating Justice or Judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant.
SEC. 5. Report. – Within thirty (30) days from the termination of the investigation, the investigating Justice or Judge shall submit to the Supreme Court a report containing findings of fact and recommendation. The report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. The report shall be confidential and shall be for the exclusive use of the Court.
SEC. 6. Action. – The Court shall take such action on the report as the facts and the law may warrant.
SEC. 7. Classification of charges. – Administrative charges are classified as serious, less serious, or light.
SEC. 8. Serious charges. – Serious charges include:
1. Bribery, direct or indirect;
2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);
3. Gross misconduct constituting violations of the Code of Judicial Conduct;
4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;
5. Conviction of a crime involving moral turpitude;
6. Willful failure to pay a just debt;
7. Borrowing money or property from lawyers and litigants in a case pending before the court;
8. Immorality;
9. Gross ignorance of the law or procedure;
10. Partisan political activities; and
11. Alcoholism and/or vicious habits.
SEC. 9. Less Serious Charges. – Less serious charges include:
1. Undue delay in rendering a decision or order, or in transmitting the records of a case;
2. Frequently and unjustified absences without leave or habitual tardiness;
3. Unauthorized practice of law;
4. Violation of Supreme Court rules, directives, and circulars;
5. Receiving additional or double compensation unless specifically authorized by law;
6. Untruthful statements in the certificate of service; and
7. Simple Misconduct.
SEC. 10. Light Charges. – Light charges include:
1. Vulgar and unbecoming conduct;
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending case/cases in his court; and
4. Undue delay in the submission of monthly reports.
SEC. 11. Sanctions. – A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;
2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding P40,000.00
B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:
1. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or
2. A fine of more than P10,000.00 but not exceeding P20,000.00.
C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:
1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or
2. Censure;
3. Reprimand;
4. Admonition with warning.
SEC. 12. Confidentiality of proceedings. – Proceedings against Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan shall be private and confidential, but a copy of the decision or resolution of the court shall be attached to the record of the respondent in the Office of the Court Administrator.
These amendments to Rule 140 shall take effect on October 1, 2001 following their publication in two newspapers of general circulation on or before September 15, 2001.
September 11, 2001, Manila.
HILARIO G. DAVIDE, JR.
Chief Justice
JOSUE N. BELLOSILLO JOSE A.R. MELO
Associate Justice Associate Justice
REYNATO S. PUNO JOSE C. VITUG
Associate Justice Associate Justice
SANTIAGO M. KAPUNAN VICENTE V. MENDOZA
Associate Justice Associate Justice
ARTEMIO V. PANGANIBAN LEONARDO A. QUISUMBING
Associate Justice Associate Justice
BERNARDO P. PARDO ARTURO B. BUENA
Associate Justice Associate Justice
MINERVA P. GONZAGA-REYES CONSUELO YNARES-SANTIAGO
Associate Justice Associate Justice
SABINO R. DE LEON, JR. ANGELINA SANDOVAL-GUTIERREZ
Associate Justice Associate Justice
LEGAL FEES (REVISED 2004)
RULE 141
LEGAL FEES
SECTION 1. Payment of fees. – Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full.
Sec. 2. Fees in lien. – Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and collect the corresponding fees.
Sec. 3. Persons authorized to collect legal fees. – Except as otherwise provided in this rule, the officers and persons hereinafter mentioned, together with their assistants and deputies, may demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more. All fees so collected shall be forthwith remitted to the Supreme Court. The persons herein authorized to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by the law.
Sec. 4. Clerks of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals.
(a) For filing an action or proceeding with the Supreme Court, Court of Appeals and Sandiganbayan, for each action or proceeding including a petition or motion for intervention – P3,000.00
(b) For filing an action or proceeding with the Court of Tax Appeals
1. For filing an action or proceeding, including petition for intervention, and for all services in the same, if the sum claimed or the amount of disputed tax or customs assessment, inclusive of interest, penalties and surcharges, damages of whatever kind and attorney’s fees or value of the article of property in seizure cases, is:
a) Less than P50,000.00 …………....... P 750.00
b) P50,000.00 or more but
less than P200,000.00 .………….. 1,000.00
c) P200,000.00 or more but
less than P400,000.00 ……………... 1,500.00
d) P400,000.00 or more but
less than P600,000.00 ……………... 2,500.00
e) P600,000.00 or more but
less than P800,000.00 ………………... 4,000.00
f) P800,000.00 or more but
less than P1,000,000.00 …………........ 5,000.00
g) P1,000,000.00 or more but less than
P7,500,000.00
On the first P1,000,000.00, the fee
shall be P5,000.00 and for each
P1,000.00 in excess of P1,000,000.00
but not more than P7,500,000.00 …...... 7.00
h) P7,500,000.00 or more
On the first P7,500,000.00, the fee shall be
P50,500.00 and for each P1,000.00
in excess of P7,500,000.00 ………..….. 10.00
Provided that for assessments beyond P50 million, the filing fee for the excess shall be the equivalent of one-half (1/2) of one (1%) per centum
i) When the value of the subject matter cannot be estimated ………..…………. 5,000.00
2. For filing a petition for review from a decision of the Regional Trial Court or of the Central Board of Assessment Appeals or a special civil action with the CTA or an appeal from a decision of a CTA Division to the CTA En Banc – THREE THOUSAND (P3,000.00) PESOS
(c) For the performance of marriage ceremony, including issuance of certificate of marriage – THREE THOUSAND (P3,000.00) PESOS
(d) For the certified copies of any record, judgment or entry thereof for each page – ten (P10.00) pesos AND for ANY certification – one hundred (P100.00) pesos.
(e) For every search fee of archived cases or those above a year’s standing and reading the same – ONE HUNDRED (P100.00) PESOS
(f) For filing a motion for special raffle – FIVE HUNDRED (P500.00) PESOS
(g) For filing a motion for extension to file a pleading when allowed by the rules – THREE HUNDRED (P300.00) PESOS
(h) For filing a motion for postponement – FIVE HUNDRED (P500.00) PESOS
(i) For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under Rules 57, 58, 59, 60 and 61 like Temporary Restraining Order (TRO), writ of preliminary injunction and others – ONE THOUSAND (P1,000.00) PESOS
(j) For personal service of writs, orders and decisions outside Metro Manila – ONE HUNDRED (P100.00) PESOS
(k) For personal remand of records to the lower courts – FIVE HUNDRED (P500.00) PESOS
(l) For processing of travel permit – ONE THOUSAND (P1,000.00) pesos
(m) For a commission on all money coming into his hands by these rules, order or writ of the court and caring for the same – two (2%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos and one and a half (1 ½%) per centum on all sums in excess of forty thousand (P40,000.00) pesos.
Sec. 5. Fees to be paid by the advancing party. – The fees of the clerk of the Court of Appeals, Sandiganbayan and Court of Tax Appeals or of the Supreme Court shall be paid to him at the same time of the entry of the action or proceeding in the court by the party who enters the same. The clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received and the amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the action or proceedings.
Sec. 6. Fees of bar candidates. –
(a) For filing the application for admission to the bar, whether admitted to the examination or not, two thousand and two hundred fifty (P2,250.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicants has failed in the bar examinations;
(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, two thousand and two hundred fifty (P2,250.00) pesos;
(c) Other Bar Fees. – For the issuance of:
1. Certification of admission to the Philippine Bar …. P 100.00
2. Certificate of good standing (local) ………………. P 100.00
3. Certificate of good standing (foreign) ……………. P 500.00
4. Verification of membership in the bar …………… P 100.00
5. Certificate of grades in the bar examinations …….. P 100.00
6. Other certification of records at the Bar Office,
per page ………………………………………...... P 50.00
7. A duplicate diploma of admission to the
Philippine Bar ……………………………………………….. P 500.00
For services in connection with the return of examination notebooks to examinees, a fee of ONE HUNDRED (P100.00) PESOS shall also be charged. (6a)
Sec. 7. Clerks of Regional Trial Courts . -
a) For filing an action or a permissive OR COMPULSORY counter-claim, CROSS-CLAIM, or money claim against an estate not based on judgment, or for filing a third-party, fourth-party, etc. complaint, or a complaint-in-intervention, if the total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES, LITIGATION EXPENSES AND COSTS and/or in cases involving property, the FAIR MARKET value of the REAL property in litigation STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER, OR IF THERE IS NONE, THE STATED VALUE OF THE PROPERTY IN LITIGATION OR THE VALUE OF THE PERSONAL PROPERTY IN LITIGATION AS ALLEGED BY THE CLAIMANT, is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P100,000.00
P 625.00
P 750.00
P875.00
P 1,000.00
2. P100,000.00 or more but less than P150,000.00
1000.00
1,200.00
1,400.00
1,600.00
3. P150,000.00 or more but less than P200,000.00
1,250.00
1.500.00
1,750.00
2,000.00
4. P200,000.00 or more but less than P250,000.00
1,875.00
2,250.00
2,625.00
3,000.00
5. P250,000.00 or more but less than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
6. P300,000.00 or more but less than P350,000.00
2,500.00
3,000.00
3,500.00
4,000.00
7. P350,000.00 or more but not than P400,000.00
2,820.00
3,380.00
4,000.00
4,500.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
If the action involves both a money claim and relief pertaining to property, then THE fees will be charged on both the amounts claimed and value of property based on the formula prescribed in this paragraph a.
(b) For filing:
From effectivity To Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective
Nov. 11, 2006****
1. Actions where the value of the subject matter cannot be estimated
P 750.00
P 1,000.00
P 1,500.00
P 2,000.00
2. Special civil actions, except judicial foreclosure of mortgage, EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by paragraph (a) above
750.00
1,000.00
1,500.00
2,000.00
3. All other actions not involving property
750.00
1,000.00
1,500.00
2,000.00
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage by the sheriff or notary public, if the amount of the indebtedness, or the mortgagee’s claim is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P50,000.00
P 350.00
P 420.00
P 490.00
P 550.00
2. P50,000.00 or more but less than P100,000.00
500.00
600.00
700.00
800.00
3. P100,000.00 or more but less than P150,000.00
625.00
750.00
875.00
1,000.00
4. P150,000.00 or more but less than P200,000.00
820.00
975.00
1,140.00
1,300.00
5. P200,000.00 or more but less than P250,000.00
1,250.00
1,500.00
1,750.00
2,000.00
6. P250,000.00 or more but less than P300,000.00
1,570.00
1,875.00
2,190.00
2,500.00
7. P300,000.00 or more but not more than P400,000.00
1,875.00
2,250.00
2,625.00
3,000.00
8. P400,000.00 or more but less than P500,000.00
2,190.00
2,630.00
3,070.00
3,500.00
9. P500,000.00 or more but not more than P1,000,000.00
2,500.00
3,000.00
3,500.00
4,000.00
10. For each P1,000.00 in excess of P1,000,000.00
12.50
15.00
17.50
20.00
____________________
* The proposed rates be 25% of the pre-2004 legal fees composed of the Judiciary Development Fund and the original fees.
** The proposed rates correspond to the sum of the current amounts accruing to the general fund and the Judiciary Development Fund; and 50% thereof effective from 2004 up to Nov. 10, 2005.
*** The proposed rates for the period from Nov. 11, 2005 to Nov. 10, 2006 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 75% thereof.
**** The proposed rates for the period from Nov. 11, 2006 to Nov. 10, 2007 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 100% thereof.
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:
From effectivity
to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Not more than P100,000.00
P 2,000.00
P 2,500.00
P 3,000.00
P 3,500.00
2.. More than P100,000.00 but less than P150,000.00
2,500.00
3,000.00
3,500.00
4,000.00
3. P150,000.00 or more but
less than P200,000.00
2,820.00
3,400.00
4,100.00
4,700.00
4. P200,000.00 or more but less than P250,000.00
3,125.00
3,750.00
4,375.00
5,000.00
5. P250,000.00 or more butless than P300,000.00
3,440.00
4,125.00
4,820.00
5,500.00
6. P300,000.00 or more but less than P350,000.00
3,750.00
4,500.00
5,250.00
6,000.00
7. P350,000.00 or more but not more than P400,000.00
4,070.00
4,875.00
5,690.00
6,500.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
If the value of the estate as definitely appraised by the court is more than the value declared in the application, the fees on the difference shall be paid: Provided, HOWEVER, that a certificate from the clerk of court that the proper fees had been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, TEN THOUSAND (P10,000.00) PESOS;
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the DOMESTIC ADOPTION ACT OF 1998, THE INTER-COUNTRY ADOPTION ACT OF 1995 AND THE FAMILY CODE, AS FOLLOWS:
(1) WHEN PETITIONER FOR ADOPTION IS A FILIPINO CITIZEN, TWO THOUSAND (P2,000.00) PESOS;
(2) WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL, TEN THOUSAND (P10,000.00) PESOS;
(3) SUPPORT, FIVE HUNDRED (P500.00) PESOS;
(4) ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE, OR LEGAL SEPARATION, THREE THOUSAND (P3,000.00) PESOS; AND
(5) CUSTODY OF MINORS, ONE THOUSAND (P1,000.00) PESOS;
If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings. (Letter d of this section)
(g) For all other special proceedings not concerning property, FIVE HUNDRED (P500.00) PESOS;
(h) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(i) For filing an application for commission as notary public, TWO THOUSAND (P2,000.00) PESOS;
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, TEN (P10.00) PESOS;
(k) For a commission on all money (excluding cash bond) coming into the clerk’s hands by law, rule, order or writ of court, TWO (2%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and ONE AND A HALF (1.5%) per centum on all sums in excess of forty thousand (P40,000.00) pesos;
(l) For appeals from Regional Trial Courts to Court of Appeals, Sandiganbayan, or Supreme Court – Three Thousand (P3,000.00) Pesos;
(m) For filing a motion for or asking in the prayer of the pleading the issuance of provisional remedies under Rule 57, 58, 59, 60 and 61 like Temporary Restraining Order (TRO), writ of preliminary injunction or attachment and others – an additional FIVE HUNDRED (P500.00) PESOS shall be collected;
(n) For clearances and certifications issued – FIFTY (P50.00) PESOs;
(o) For services performed as ex-officio Notary public – TWO HUNDRED (P200.00) PESOS;
(p) For any other services as clerk not provided in this section. TWO HUNDRED (P200.00) PESOS shall be collected.
Sec. 8. Clerks of Court of the First Level Courts. –
(a) For each civil action or proceeding where the value of the subject matter involved, or the amount of the demand, inclusive of interests, penalties, surcharges, damages of whatever kind, attorney’s fees, litigation expenses and costs is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Not more than P20,000.00
P 190.00
P 225.00
P 270.00
P 300.00
2. More than P20,000.00 but not more than P100,000.00
625.00
750.00
875.00
1,000.00
3. More than P100,000.00 but not more than P200,000.00
1,570.00
1,875.00
2,190.00
2,500.00
4. More than P200,000.00 but not more than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
5. More than P300,000.00 but not more than P400,000.00
3,125.00
3,750.00
4,375.00
5,000.00
In a real action, other than for forcible entry and unlawful detainer, the FAIR MARKET value of the property STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE or, if not declared for taxation purposes, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(b) For initiating proceedings for the allowance of wills, granting the letters of administration and settlement of estates of small value, where the value of the estate is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to
Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective
Nov. 11, 2006****
1. Not more than P20,000.00
P 320.00
P 375.00
P 440.00
P 500.00
2. More than P20,000.00 but not more than P100,000.00
1,690.00
2,025.00
2,370.00
2,700.00
3. More than P100,000.00 but not more than P200,000.00
2,500.00
3,000.00
3,500.00
4,000.00
4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value
250.00
300.00
350.00
400.00
(c) For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTS ARE PRAYED FOR, FIVE hundred (P500.00) pesos; AND
IN CASES WHERE INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES ARE PRAYED FOR, AN AMOUNT EQUIVALENT TO THAT INDICATED IN THE SCHEDULE OF PAYMENTS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE COLLECTED, IN ADDITION TO THE AMOUNT OF FIVE HUNDRED (P500.00) PESOS PROVIDED FOR IN THIS SUBSECTION.
(d) For all other actions not covered by preceding paragraphs:
From effectivity to Nov. 10, 2004
Nov. 11, 2004 to Nov. 10, 2005
Nov. 11, 2005 to Nov. 20,2006
Effective Nov. 11, 2006
400.00
P500.00
P600.00
P700.00
(e) For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under Rules 57, 58, 59, 60 and 61 like temporary restraining order (TRO), writ of preliminary injunction or attachment, an additional TWO HUNDRED (P250.00) PESOS shall be collected;
(f) For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from the courts of first level and petitions to the 2nd level courts – ONE THOUSAND (P1,000.00) PESOS;
(g) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(h) For taking affidavit, ONE HUNDRED (P100.00) PESOS;
(i) For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;
(j) For taking and certifying depositions, including oaths, per page, TWENTY (P20.00) PESOS;
k) For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRY THEREOF FOR EACH PAGE, TEN (P10.00) PESOS;
(l) For stamping and registering books as required by Articles Nineteen and Thirty-Six of the Code of Commerce, each book, FIFTY (P50.00) pesos;
(m) For services performed as ex-officio notary public – ONE HUNDRED (P100.00) PESOS;
(n) FOR A COMMISSION ON ALL MONEY (excluding cash bond) COMING INTO THE CLERK’S HANDS BY LAW, RULE, ORDER OR WRIT OF COURT, TWO (2%) PER CENTUM ON ALL SUMS NOT EXCEEDING FORTY THOUSAND (P40,000.00) PESOS, AND ONE AND A HALF (1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTY THOUSAND (P40,000.00) PESOS;
(o) For clearances and certifications issued – FIFTY (P50.00) PESOS;
(p) FOR ANY OTHER SERVICES AS CLERK NOT PROVIDED IN THIS SECTION, ONE HUNDRED (P100.00) PESOS SHALL BE COLLECTED.
Sec. 9. MEDIATION FEES.
A. Trial Courts
The Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) (1) upon the filing of a Complaint or an Answer with a mediatable permissive or compulsory counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc. in civil cases, a Petition, an Opposition and a Creditors’ Claim in Special Proceedings; (2) upon the filing of a Complaint/Information for offenses covered by the Katarungang Pambarangay Law, violation of B.P. Blg. 22, estafa and libel cases where damages are sought; and (3) upon the filing of a Complaint/Information for quasi-offenses under Title 14 of the Revised Penal Code.
The Clerks of Court of the First Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of a Notice of Appeal to the Regional Trial Court.
The Clerks of Court of the Regional Trial Court shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal to the Court of Appeals or the Sandiganbayan.
B. Court of Appeals, Sandiganbayan and Court of Tax Appeals
The Clerks of Court of the Court of Appeals, Sandiganbayan and Court of Tax Appeals shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a mediatable case, petition, special civil action, a comment/answer to the petition or action and the appellee’s brief. The Clerk of Court of the Court of Tax Appeals shall also collect the amount of ONE THOUSAND PESOS (P1,000.00) for the appeals from the decision of a CTA Division to the CTA En Banc.
Provided that in all cases, a pauper litigant shall be exempt from contributing to the Mediation Fund. Despite such exemption, the court shall provide that the unpaid contribution to the Mediation Fund shall be considered a lien on any monetary award in a judgment favorable to the pauper litigant.
And provided further, that an accused-appellant shall also be exempt from contributing to the Mediation Fund.
The amount collected shall be receipted and separated as part of a special fund to be known as the “Mediation Fund” and shall accrue to the SC-PHILJA-PMC Fund, disbursements from which are and shall be pursuant to guidelines approved by the Supreme Court.
The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator’s fees, and operating expenses of the Philippine Mediation Center (PMC) units including expenses for technical assistance and organizations / individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judiciary Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.
Sec. 10. Sheriffs, PROCESS SERVERS and other persons serving processes.
(a) For serving summons and copy of complaint, for each defendant, TWO HUNDRED (P200.00) PESOS;
(b) For serving subpoenas in civil action or OTHER proceedings, for each witness to be served, ONE HUNDRED (P100.00) PESOS;
(c) For executing a writ of attachment against the property of defendant, FIVE HUNDRED (P500.00) PESOS per defendant;
(d) For serving and implementing a temporary restraining order, or writ of injunction, preliminary or final, of any court, THREE HUNDRED (P300.00) PESOS per defendant;
(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;
(g) For executing a writ or process to place a party in possession of real PROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;
(h) For SERVICES RELATING TO THE POSTING AND PUBLICATION REQUIREMENTS UNDER RULE 39 (EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS) and in extrajudicial foreclosure of mortgage by sheriff or notary public besides the cost of publication, ONE HUNDRED AND FIFTY (P150.00) PESOS;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, THREE HUNDRED (P300.00) PESOS per day or actual inventory;
(j) For levying on execution on personal or real property, THREE HUNDRED (P300.00) PESOS;
(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED (P100.00) PESOS;
(l) For money collected by him actual or constructive (when highest bidder is the mortgagee and there is no actual collection of money) by order, execution, attachment, or any other process, judicial or extrajudicial which shall immediately be turned over to the Clerk of Court, the following sums shall be paid to the clerk of court to wit:
(1) On the first four thousand (P4,000.00) pesos, FIVE AND A HALF (5.5%) per centum;
(2) On all sums in excess of four thousand (P4,000.00) pesos, THREE (3%) per centum;
In addition to the fees hereinabove fixed, the amount of ONE THOUSAND (P1,000.00) PESOS shall be deposited with the Clerk of Court upon filing of the complaint to defray the actual travel expenses of the sheriff, process server or other court-authorized persons in the service of summons, subpoena and other court processes that would be issued relative to the trial of the case. In case the initial deposit of ONE THOUSAND (P1,000.00) PESOS is not sufficient, then the plaintiff or petitioner shall be required to make an additional deposit. The sheriff, process server or other court authorized person shall submit to the court for its approval a statement of the estimated travel expenses for service of summons and court processes. Once approved, the Clerk of Court shall release the money to said sheriff or process server. After service, a statement of liquidation shall be submitted to the court for approval. After rendition of judgment by the court, any excess from the deposit shall be returned to the party who made the deposit.
In case a request to serve the summons and other processes is made to the Clerk of Court and Ex-officio sheriff who has jurisdiction over the place where the defendant or the person subject of the process resides, a reasonable amount shall be withdrawn from said deposit by the Clerk of the Court issuing the process for the purchase of a postal money order to cover the actual expenses of the serving sheriff.
With regard to sheriff’s expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. The liquidation shall be approved by the court. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.
Sec. 11. Stenographers. -- Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment to the Clerk of Court of (a) TEN (P10.00) PESOS for each page of not less than two hundred and fifty words before the appeal is taken and (b) FIVE (P5.00) PESOS for the same page, after the filing of the appeal, provided, however, that one-third (1/3) of the total charges shall accrue to the Judiciary Development Fund (JDF) and the remaining two-thirds (2/3) to the stenographer concerned. (10a)
Sec. 12. Notaries. -- No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, ONE HUNDRED (P100.00) PESOS;
(b) For the registration of such protest and filing or safekeeping of the same, ONE HUNDRED (P100.00) PESOS;
(c) For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;
(d) For sworn statement concerning correctness of any account or other document, ONE HUNDRED (P100.00) PESOS;
(e) For each oath of affirmation, ONE HUNDRED (P100.00) PESOS;
(f) For receiving evidence of indebtedness to be sent outside, ONE HUNDRED (P100.00) PESOS;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, ONE HUNDRED (P100.00) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS; and
(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00) PESOS. (11a)
Sec. 13. Other officers taking depositions. -- Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions.
Sec. 14. Witness fees. –
(a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts and in the 1st level courts, either in actions or special proceedings, shall be entitled to TWO HUNDRED (P200.00) PESOS per day, inclusive of ALL EXPENSES;
(b) Fees to which witnesses may be entitled in a civil action shall be allowed on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as a witness.
Sec. 15. Fees of appraisers. -- Appraisers appointed to appraise the estate of a ward of a deceased person shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate.
Sec. 16. Fees of commissioners in eminent domain proceedings. -- The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings.
Sec. 17. Fees of commissioners in the proceedings for partition of real estate. -- The commissioners appointed to make partition of real estate shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings.
Sec. 18. Fees and the account thereof. -- The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees have accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein.
Sec. 19. Indigent litigants exempt from payment of legal fees. - Indigent litigants (a) whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee and (b) who do not own real property with A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION of more than THREE hundred thousand (P300,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. The current tax declaration, if any, shall be attached to the litigant’s affidavit.
Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a)
Sec. 20. In addition to the fees imposed in the preceding sections, a victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111 of the Revised Rule of Criminal Procedure where filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)
Sec. 21. Other fees. -- The following fees shall also be collected by the clerks of the Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted, or in violations of BP No. 22 if the amount involved is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P100,000.00
P 625.00
P 750.00
P 875.00
P 1,000.00
2. P100,000.00 or more but less than P150,000.00
1,000.00
1,200.00
1,400.00
1,600.00
3. P150,000.00 or more but less than P200,000.00
1,250.00
1,500.00
1,750.00
2,000.00
4. P200,000.00 or more but less than P250,000.00
1,875.00
2,250.00
2,625.00
3,000.00
5. P250,000.00 or more but less than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
6. P300,000.00 or more but less than P350,000.00
2,500.00
3,000.00
3,500.00
4,000.00
7. P350,000.00 or more but not more than P400,000.00
2,820.00
3,400.00
4,100.00
4,700.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
(b) For motions for postponement (whether verbal or written) after completion of the pre-trial stage, TWO HUNDRED (P200.00) PESOS for the first, and an additional FIFTY (P50.00) PESOS for every motion for postponement thereafter based on that for the immediately preceding motion. For any other motion, TWO HUNDRED (P200.00) PESOS;
(c) For all types of bonds (cash, surety and property) in criminal and civil cases, FIVE HUNDRED (P500.00) PESOS per each bond;
(d) For entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;
(e) FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED (P500.00) PESOS;
(f) FOR APPLICATIONS FOR ACCREDITATION OF NEWSPAPERS AND PERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICES AND OTHER SIMILAR ANNOUNCEMENTS, FIVE THOUSAND (P5,000.00) PESOS; for appeals from decisions of Executive Judge – ONE THOUSAND (P1,000.00) PESOS; and for filing an action for revocations or suspension of accreditation – ONE THOUSAND (P1,000.00) PESOS;
(g) FOR ELECTION CONTESTS INCLUDING ELECTION PROTESTS, COUNTER-PROTESTS, PROTESTS-IN-INTERVENTION AND QUO WARRANTO PROCEEDINGS INVOLVING MUNICIPAL OFFICES- THREE THOUSAND (P3,000.00) PESOS; AND BARANGAY OFFICES- ONE THOUSAND FIVE HUNDRED (P1,500.00) PESOS. IN ADDITION, THE FILING FEES PRESCRIBED BY THE COMELEC RULES OF PROCEDURES FOR THESE ACTIONS SHALL ALSO BE COLLECTED AND INDICATED IN THE RECEIPT.
(h) FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES OF VOTERS, ONE HUNDRED (P100.00) PESOS;
(i) For petitions for rehabilitation, under the Interim Rules of Procedure on Corporate Rehabilitation, the fees payable shall be based on the value of the assets of, or amount of monetary claims against, the debtor, whichever is higher, which must be declared in the Petition, as follows:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P10,000,000.00
P 12,500.00
P 15,000.00
P 17,500.00
P 20,000.00
2. P10,000,000.00 or more but less than P20,000,000.00
25,000.00
30,000.00
35,000.00
40,000.00
3. P20,000,000.00 or more but less than P30,000,000.00
37,500.00
45,000.00
52,500.00
60,000.00
4. P30,000,000.00 or more but less than P40,000,000.00
50,000.00
60,000.00
70,000.00
80,000.00
5. P40,000,000.00 or more but less than P50,000,000.00
62,500.00
75,000.00
87,500.00
100,000.00
6. P50,000,000.00 or more but less than P60,000,000.00
75,000.00
90,000.00
105,000.00
120,000.00
7. P60,000,000.00 or more but not more than P70,000,000.00
87,500.00
105,000.00
122,500.00
140,000.00
8. P70,000,000.00 or more but less than P80,000,000.00
100,000.00
120,000.00
140,000.00
160,000.00
9. P80,000,000.00 or more but less than P90,000,000.00
112,500.00
135,000.00
157,500.00
180,000.00
10. P90,000,000.00 or more but less than P100,000,000.00
125,000.00
150,000.00
175,000.00
200,000.00
11. For each P10,000.00 in excess of P100,000,000.00
12.50
15.00
17.50
20.00
The value of the assets shall be based on the fair market value of the real properties of the petitioner stated in the tax declaration or the zonal value thereof fixed by the Bureau of Internal Revenue whichever is higher or if there is none, the stated value of the assets in the petition. In case of personal property, the value shall be stated by the petitioner in the petition.
If during trial, the court finds that the value of the assets is more or the monetary claims are higher than the amounts stated in the complaint or petition, then it shall order the payment of additional fees based thereon.
(j) FOR PETITIONS FOR THE COMPULSORY CONFINEMENT OF A DRUG DEPENDENT UNDER SECTION 61 OF THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”, THREE HUNDRED (P300.00) PESOS;
(k) For petitions for insolvency or other cases involving intra-corporate controversies, the fees prescribed under letter a, section 7 shall apply.
Sec. 22. Government exempt. -- The Republic of the Philippines, its agencies and instrumentalities are exempt from paying the legal fees provided in the rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees.
However, all court actions, criminal or civil, instituted at the instance of the provincial, city or municipal treasurer or assessor under Sec. 280 of the Local Government Code of 1991 shall be exempt from the payment of court and sheriff’s fees. (page 211 of the Manual for Clerks of Court)
LEGAL FEES
SECTION 1. Payment of fees. – Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full.
Sec. 2. Fees in lien. – Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and collect the corresponding fees.
Sec. 3. Persons authorized to collect legal fees. – Except as otherwise provided in this rule, the officers and persons hereinafter mentioned, together with their assistants and deputies, may demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more. All fees so collected shall be forthwith remitted to the Supreme Court. The persons herein authorized to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by the law.
Sec. 4. Clerks of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals.
(a) For filing an action or proceeding with the Supreme Court, Court of Appeals and Sandiganbayan, for each action or proceeding including a petition or motion for intervention – P3,000.00
(b) For filing an action or proceeding with the Court of Tax Appeals
1. For filing an action or proceeding, including petition for intervention, and for all services in the same, if the sum claimed or the amount of disputed tax or customs assessment, inclusive of interest, penalties and surcharges, damages of whatever kind and attorney’s fees or value of the article of property in seizure cases, is:
a) Less than P50,000.00 …………....... P 750.00
b) P50,000.00 or more but
less than P200,000.00 .………….. 1,000.00
c) P200,000.00 or more but
less than P400,000.00 ……………... 1,500.00
d) P400,000.00 or more but
less than P600,000.00 ……………... 2,500.00
e) P600,000.00 or more but
less than P800,000.00 ………………... 4,000.00
f) P800,000.00 or more but
less than P1,000,000.00 …………........ 5,000.00
g) P1,000,000.00 or more but less than
P7,500,000.00
On the first P1,000,000.00, the fee
shall be P5,000.00 and for each
P1,000.00 in excess of P1,000,000.00
but not more than P7,500,000.00 …...... 7.00
h) P7,500,000.00 or more
On the first P7,500,000.00, the fee shall be
P50,500.00 and for each P1,000.00
in excess of P7,500,000.00 ………..….. 10.00
Provided that for assessments beyond P50 million, the filing fee for the excess shall be the equivalent of one-half (1/2) of one (1%) per centum
i) When the value of the subject matter cannot be estimated ………..…………. 5,000.00
2. For filing a petition for review from a decision of the Regional Trial Court or of the Central Board of Assessment Appeals or a special civil action with the CTA or an appeal from a decision of a CTA Division to the CTA En Banc – THREE THOUSAND (P3,000.00) PESOS
(c) For the performance of marriage ceremony, including issuance of certificate of marriage – THREE THOUSAND (P3,000.00) PESOS
(d) For the certified copies of any record, judgment or entry thereof for each page – ten (P10.00) pesos AND for ANY certification – one hundred (P100.00) pesos.
(e) For every search fee of archived cases or those above a year’s standing and reading the same – ONE HUNDRED (P100.00) PESOS
(f) For filing a motion for special raffle – FIVE HUNDRED (P500.00) PESOS
(g) For filing a motion for extension to file a pleading when allowed by the rules – THREE HUNDRED (P300.00) PESOS
(h) For filing a motion for postponement – FIVE HUNDRED (P500.00) PESOS
(i) For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under Rules 57, 58, 59, 60 and 61 like Temporary Restraining Order (TRO), writ of preliminary injunction and others – ONE THOUSAND (P1,000.00) PESOS
(j) For personal service of writs, orders and decisions outside Metro Manila – ONE HUNDRED (P100.00) PESOS
(k) For personal remand of records to the lower courts – FIVE HUNDRED (P500.00) PESOS
(l) For processing of travel permit – ONE THOUSAND (P1,000.00) pesos
(m) For a commission on all money coming into his hands by these rules, order or writ of the court and caring for the same – two (2%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos and one and a half (1 ½%) per centum on all sums in excess of forty thousand (P40,000.00) pesos.
Sec. 5. Fees to be paid by the advancing party. – The fees of the clerk of the Court of Appeals, Sandiganbayan and Court of Tax Appeals or of the Supreme Court shall be paid to him at the same time of the entry of the action or proceeding in the court by the party who enters the same. The clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received and the amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the action or proceedings.
Sec. 6. Fees of bar candidates. –
(a) For filing the application for admission to the bar, whether admitted to the examination or not, two thousand and two hundred fifty (P2,250.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicants has failed in the bar examinations;
(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, two thousand and two hundred fifty (P2,250.00) pesos;
(c) Other Bar Fees. – For the issuance of:
1. Certification of admission to the Philippine Bar …. P 100.00
2. Certificate of good standing (local) ………………. P 100.00
3. Certificate of good standing (foreign) ……………. P 500.00
4. Verification of membership in the bar …………… P 100.00
5. Certificate of grades in the bar examinations …….. P 100.00
6. Other certification of records at the Bar Office,
per page ………………………………………...... P 50.00
7. A duplicate diploma of admission to the
Philippine Bar ……………………………………………….. P 500.00
For services in connection with the return of examination notebooks to examinees, a fee of ONE HUNDRED (P100.00) PESOS shall also be charged. (6a)
Sec. 7. Clerks of Regional Trial Courts . -
a) For filing an action or a permissive OR COMPULSORY counter-claim, CROSS-CLAIM, or money claim against an estate not based on judgment, or for filing a third-party, fourth-party, etc. complaint, or a complaint-in-intervention, if the total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES, LITIGATION EXPENSES AND COSTS and/or in cases involving property, the FAIR MARKET value of the REAL property in litigation STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER, OR IF THERE IS NONE, THE STATED VALUE OF THE PROPERTY IN LITIGATION OR THE VALUE OF THE PERSONAL PROPERTY IN LITIGATION AS ALLEGED BY THE CLAIMANT, is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P100,000.00
P 625.00
P 750.00
P875.00
P 1,000.00
2. P100,000.00 or more but less than P150,000.00
1000.00
1,200.00
1,400.00
1,600.00
3. P150,000.00 or more but less than P200,000.00
1,250.00
1.500.00
1,750.00
2,000.00
4. P200,000.00 or more but less than P250,000.00
1,875.00
2,250.00
2,625.00
3,000.00
5. P250,000.00 or more but less than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
6. P300,000.00 or more but less than P350,000.00
2,500.00
3,000.00
3,500.00
4,000.00
7. P350,000.00 or more but not than P400,000.00
2,820.00
3,380.00
4,000.00
4,500.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
If the action involves both a money claim and relief pertaining to property, then THE fees will be charged on both the amounts claimed and value of property based on the formula prescribed in this paragraph a.
(b) For filing:
From effectivity To Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective
Nov. 11, 2006****
1. Actions where the value of the subject matter cannot be estimated
P 750.00
P 1,000.00
P 1,500.00
P 2,000.00
2. Special civil actions, except judicial foreclosure of mortgage, EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by paragraph (a) above
750.00
1,000.00
1,500.00
2,000.00
3. All other actions not involving property
750.00
1,000.00
1,500.00
2,000.00
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage by the sheriff or notary public, if the amount of the indebtedness, or the mortgagee’s claim is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P50,000.00
P 350.00
P 420.00
P 490.00
P 550.00
2. P50,000.00 or more but less than P100,000.00
500.00
600.00
700.00
800.00
3. P100,000.00 or more but less than P150,000.00
625.00
750.00
875.00
1,000.00
4. P150,000.00 or more but less than P200,000.00
820.00
975.00
1,140.00
1,300.00
5. P200,000.00 or more but less than P250,000.00
1,250.00
1,500.00
1,750.00
2,000.00
6. P250,000.00 or more but less than P300,000.00
1,570.00
1,875.00
2,190.00
2,500.00
7. P300,000.00 or more but not more than P400,000.00
1,875.00
2,250.00
2,625.00
3,000.00
8. P400,000.00 or more but less than P500,000.00
2,190.00
2,630.00
3,070.00
3,500.00
9. P500,000.00 or more but not more than P1,000,000.00
2,500.00
3,000.00
3,500.00
4,000.00
10. For each P1,000.00 in excess of P1,000,000.00
12.50
15.00
17.50
20.00
____________________
* The proposed rates be 25% of the pre-2004 legal fees composed of the Judiciary Development Fund and the original fees.
** The proposed rates correspond to the sum of the current amounts accruing to the general fund and the Judiciary Development Fund; and 50% thereof effective from 2004 up to Nov. 10, 2005.
*** The proposed rates for the period from Nov. 11, 2005 to Nov. 10, 2006 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 75% thereof.
**** The proposed rates for the period from Nov. 11, 2006 to Nov. 10, 2007 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 100% thereof.
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:
From effectivity
to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Not more than P100,000.00
P 2,000.00
P 2,500.00
P 3,000.00
P 3,500.00
2.. More than P100,000.00 but less than P150,000.00
2,500.00
3,000.00
3,500.00
4,000.00
3. P150,000.00 or more but
less than P200,000.00
2,820.00
3,400.00
4,100.00
4,700.00
4. P200,000.00 or more but less than P250,000.00
3,125.00
3,750.00
4,375.00
5,000.00
5. P250,000.00 or more butless than P300,000.00
3,440.00
4,125.00
4,820.00
5,500.00
6. P300,000.00 or more but less than P350,000.00
3,750.00
4,500.00
5,250.00
6,000.00
7. P350,000.00 or more but not more than P400,000.00
4,070.00
4,875.00
5,690.00
6,500.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
If the value of the estate as definitely appraised by the court is more than the value declared in the application, the fees on the difference shall be paid: Provided, HOWEVER, that a certificate from the clerk of court that the proper fees had been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, TEN THOUSAND (P10,000.00) PESOS;
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the DOMESTIC ADOPTION ACT OF 1998, THE INTER-COUNTRY ADOPTION ACT OF 1995 AND THE FAMILY CODE, AS FOLLOWS:
(1) WHEN PETITIONER FOR ADOPTION IS A FILIPINO CITIZEN, TWO THOUSAND (P2,000.00) PESOS;
(2) WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL, TEN THOUSAND (P10,000.00) PESOS;
(3) SUPPORT, FIVE HUNDRED (P500.00) PESOS;
(4) ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE, OR LEGAL SEPARATION, THREE THOUSAND (P3,000.00) PESOS; AND
(5) CUSTODY OF MINORS, ONE THOUSAND (P1,000.00) PESOS;
If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings. (Letter d of this section)
(g) For all other special proceedings not concerning property, FIVE HUNDRED (P500.00) PESOS;
(h) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(i) For filing an application for commission as notary public, TWO THOUSAND (P2,000.00) PESOS;
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, TEN (P10.00) PESOS;
(k) For a commission on all money (excluding cash bond) coming into the clerk’s hands by law, rule, order or writ of court, TWO (2%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and ONE AND A HALF (1.5%) per centum on all sums in excess of forty thousand (P40,000.00) pesos;
(l) For appeals from Regional Trial Courts to Court of Appeals, Sandiganbayan, or Supreme Court – Three Thousand (P3,000.00) Pesos;
(m) For filing a motion for or asking in the prayer of the pleading the issuance of provisional remedies under Rule 57, 58, 59, 60 and 61 like Temporary Restraining Order (TRO), writ of preliminary injunction or attachment and others – an additional FIVE HUNDRED (P500.00) PESOS shall be collected;
(n) For clearances and certifications issued – FIFTY (P50.00) PESOs;
(o) For services performed as ex-officio Notary public – TWO HUNDRED (P200.00) PESOS;
(p) For any other services as clerk not provided in this section. TWO HUNDRED (P200.00) PESOS shall be collected.
Sec. 8. Clerks of Court of the First Level Courts. –
(a) For each civil action or proceeding where the value of the subject matter involved, or the amount of the demand, inclusive of interests, penalties, surcharges, damages of whatever kind, attorney’s fees, litigation expenses and costs is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Not more than P20,000.00
P 190.00
P 225.00
P 270.00
P 300.00
2. More than P20,000.00 but not more than P100,000.00
625.00
750.00
875.00
1,000.00
3. More than P100,000.00 but not more than P200,000.00
1,570.00
1,875.00
2,190.00
2,500.00
4. More than P200,000.00 but not more than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
5. More than P300,000.00 but not more than P400,000.00
3,125.00
3,750.00
4,375.00
5,000.00
In a real action, other than for forcible entry and unlawful detainer, the FAIR MARKET value of the property STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE or, if not declared for taxation purposes, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(b) For initiating proceedings for the allowance of wills, granting the letters of administration and settlement of estates of small value, where the value of the estate is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to
Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective
Nov. 11, 2006****
1. Not more than P20,000.00
P 320.00
P 375.00
P 440.00
P 500.00
2. More than P20,000.00 but not more than P100,000.00
1,690.00
2,025.00
2,370.00
2,700.00
3. More than P100,000.00 but not more than P200,000.00
2,500.00
3,000.00
3,500.00
4,000.00
4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value
250.00
300.00
350.00
400.00
(c) For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTS ARE PRAYED FOR, FIVE hundred (P500.00) pesos; AND
IN CASES WHERE INTERESTS, PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES ARE PRAYED FOR, AN AMOUNT EQUIVALENT TO THAT INDICATED IN THE SCHEDULE OF PAYMENTS UNDER SUBSECTION (A) OF THIS SECTION SHALL BE COLLECTED, IN ADDITION TO THE AMOUNT OF FIVE HUNDRED (P500.00) PESOS PROVIDED FOR IN THIS SUBSECTION.
(d) For all other actions not covered by preceding paragraphs:
From effectivity to Nov. 10, 2004
Nov. 11, 2004 to Nov. 10, 2005
Nov. 11, 2005 to Nov. 20,2006
Effective Nov. 11, 2006
400.00
P500.00
P600.00
P700.00
(e) For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under Rules 57, 58, 59, 60 and 61 like temporary restraining order (TRO), writ of preliminary injunction or attachment, an additional TWO HUNDRED (P250.00) PESOS shall be collected;
(f) For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from the courts of first level and petitions to the 2nd level courts – ONE THOUSAND (P1,000.00) PESOS;
(g) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(h) For taking affidavit, ONE HUNDRED (P100.00) PESOS;
(i) For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;
(j) For taking and certifying depositions, including oaths, per page, TWENTY (P20.00) PESOS;
k) For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRY THEREOF FOR EACH PAGE, TEN (P10.00) PESOS;
(l) For stamping and registering books as required by Articles Nineteen and Thirty-Six of the Code of Commerce, each book, FIFTY (P50.00) pesos;
(m) For services performed as ex-officio notary public – ONE HUNDRED (P100.00) PESOS;
(n) FOR A COMMISSION ON ALL MONEY (excluding cash bond) COMING INTO THE CLERK’S HANDS BY LAW, RULE, ORDER OR WRIT OF COURT, TWO (2%) PER CENTUM ON ALL SUMS NOT EXCEEDING FORTY THOUSAND (P40,000.00) PESOS, AND ONE AND A HALF (1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTY THOUSAND (P40,000.00) PESOS;
(o) For clearances and certifications issued – FIFTY (P50.00) PESOS;
(p) FOR ANY OTHER SERVICES AS CLERK NOT PROVIDED IN THIS SECTION, ONE HUNDRED (P100.00) PESOS SHALL BE COLLECTED.
Sec. 9. MEDIATION FEES.
A. Trial Courts
The Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) (1) upon the filing of a Complaint or an Answer with a mediatable permissive or compulsory counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc. in civil cases, a Petition, an Opposition and a Creditors’ Claim in Special Proceedings; (2) upon the filing of a Complaint/Information for offenses covered by the Katarungang Pambarangay Law, violation of B.P. Blg. 22, estafa and libel cases where damages are sought; and (3) upon the filing of a Complaint/Information for quasi-offenses under Title 14 of the Revised Penal Code.
The Clerks of Court of the First Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) upon the filing of a Notice of Appeal to the Regional Trial Court.
The Clerks of Court of the Regional Trial Court shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal to the Court of Appeals or the Sandiganbayan.
B. Court of Appeals, Sandiganbayan and Court of Tax Appeals
The Clerks of Court of the Court of Appeals, Sandiganbayan and Court of Tax Appeals shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a mediatable case, petition, special civil action, a comment/answer to the petition or action and the appellee’s brief. The Clerk of Court of the Court of Tax Appeals shall also collect the amount of ONE THOUSAND PESOS (P1,000.00) for the appeals from the decision of a CTA Division to the CTA En Banc.
Provided that in all cases, a pauper litigant shall be exempt from contributing to the Mediation Fund. Despite such exemption, the court shall provide that the unpaid contribution to the Mediation Fund shall be considered a lien on any monetary award in a judgment favorable to the pauper litigant.
And provided further, that an accused-appellant shall also be exempt from contributing to the Mediation Fund.
The amount collected shall be receipted and separated as part of a special fund to be known as the “Mediation Fund” and shall accrue to the SC-PHILJA-PMC Fund, disbursements from which are and shall be pursuant to guidelines approved by the Supreme Court.
The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator’s fees, and operating expenses of the Philippine Mediation Center (PMC) units including expenses for technical assistance and organizations / individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judiciary Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.
Sec. 10. Sheriffs, PROCESS SERVERS and other persons serving processes.
(a) For serving summons and copy of complaint, for each defendant, TWO HUNDRED (P200.00) PESOS;
(b) For serving subpoenas in civil action or OTHER proceedings, for each witness to be served, ONE HUNDRED (P100.00) PESOS;
(c) For executing a writ of attachment against the property of defendant, FIVE HUNDRED (P500.00) PESOS per defendant;
(d) For serving and implementing a temporary restraining order, or writ of injunction, preliminary or final, of any court, THREE HUNDRED (P300.00) PESOS per defendant;
(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;
(g) For executing a writ or process to place a party in possession of real PROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;
(h) For SERVICES RELATING TO THE POSTING AND PUBLICATION REQUIREMENTS UNDER RULE 39 (EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS) and in extrajudicial foreclosure of mortgage by sheriff or notary public besides the cost of publication, ONE HUNDRED AND FIFTY (P150.00) PESOS;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, THREE HUNDRED (P300.00) PESOS per day or actual inventory;
(j) For levying on execution on personal or real property, THREE HUNDRED (P300.00) PESOS;
(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED (P100.00) PESOS;
(l) For money collected by him actual or constructive (when highest bidder is the mortgagee and there is no actual collection of money) by order, execution, attachment, or any other process, judicial or extrajudicial which shall immediately be turned over to the Clerk of Court, the following sums shall be paid to the clerk of court to wit:
(1) On the first four thousand (P4,000.00) pesos, FIVE AND A HALF (5.5%) per centum;
(2) On all sums in excess of four thousand (P4,000.00) pesos, THREE (3%) per centum;
In addition to the fees hereinabove fixed, the amount of ONE THOUSAND (P1,000.00) PESOS shall be deposited with the Clerk of Court upon filing of the complaint to defray the actual travel expenses of the sheriff, process server or other court-authorized persons in the service of summons, subpoena and other court processes that would be issued relative to the trial of the case. In case the initial deposit of ONE THOUSAND (P1,000.00) PESOS is not sufficient, then the plaintiff or petitioner shall be required to make an additional deposit. The sheriff, process server or other court authorized person shall submit to the court for its approval a statement of the estimated travel expenses for service of summons and court processes. Once approved, the Clerk of Court shall release the money to said sheriff or process server. After service, a statement of liquidation shall be submitted to the court for approval. After rendition of judgment by the court, any excess from the deposit shall be returned to the party who made the deposit.
In case a request to serve the summons and other processes is made to the Clerk of Court and Ex-officio sheriff who has jurisdiction over the place where the defendant or the person subject of the process resides, a reasonable amount shall be withdrawn from said deposit by the Clerk of the Court issuing the process for the purchase of a postal money order to cover the actual expenses of the serving sheriff.
With regard to sheriff’s expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards’ fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. The liquidation shall be approved by the court. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor.
Sec. 11. Stenographers. -- Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment to the Clerk of Court of (a) TEN (P10.00) PESOS for each page of not less than two hundred and fifty words before the appeal is taken and (b) FIVE (P5.00) PESOS for the same page, after the filing of the appeal, provided, however, that one-third (1/3) of the total charges shall accrue to the Judiciary Development Fund (JDF) and the remaining two-thirds (2/3) to the stenographer concerned. (10a)
Sec. 12. Notaries. -- No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, ONE HUNDRED (P100.00) PESOS;
(b) For the registration of such protest and filing or safekeeping of the same, ONE HUNDRED (P100.00) PESOS;
(c) For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;
(d) For sworn statement concerning correctness of any account or other document, ONE HUNDRED (P100.00) PESOS;
(e) For each oath of affirmation, ONE HUNDRED (P100.00) PESOS;
(f) For receiving evidence of indebtedness to be sent outside, ONE HUNDRED (P100.00) PESOS;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, ONE HUNDRED (P100.00) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS; and
(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00) PESOS. (11a)
Sec. 13. Other officers taking depositions. -- Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions.
Sec. 14. Witness fees. –
(a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts and in the 1st level courts, either in actions or special proceedings, shall be entitled to TWO HUNDRED (P200.00) PESOS per day, inclusive of ALL EXPENSES;
(b) Fees to which witnesses may be entitled in a civil action shall be allowed on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as a witness.
Sec. 15. Fees of appraisers. -- Appraisers appointed to appraise the estate of a ward of a deceased person shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate.
Sec. 16. Fees of commissioners in eminent domain proceedings. -- The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings.
Sec. 17. Fees of commissioners in the proceedings for partition of real estate. -- The commissioners appointed to make partition of real estate shall each receive a compensation to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings.
Sec. 18. Fees and the account thereof. -- The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees have accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein.
Sec. 19. Indigent litigants exempt from payment of legal fees. - Indigent litigants (a) whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee and (b) who do not own real property with A FAIR MARKET VALUE AS STATED IN THE CURRENT TAX DECLARATION of more than THREE hundred thousand (P300,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. The current tax declaration, if any, shall be attached to the litigant’s affidavit.
Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a)
Sec. 20. In addition to the fees imposed in the preceding sections, a victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111 of the Revised Rule of Criminal Procedure where filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)
Sec. 21. Other fees. -- The following fees shall also be collected by the clerks of the Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted, or in violations of BP No. 22 if the amount involved is:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P100,000.00
P 625.00
P 750.00
P 875.00
P 1,000.00
2. P100,000.00 or more but less than P150,000.00
1,000.00
1,200.00
1,400.00
1,600.00
3. P150,000.00 or more but less than P200,000.00
1,250.00
1,500.00
1,750.00
2,000.00
4. P200,000.00 or more but less than P250,000.00
1,875.00
2,250.00
2,625.00
3,000.00
5. P250,000.00 or more but less than P300,000.00
2,190.00
2,630.00
3,070.00
3,500.00
6. P300,000.00 or more but less than P350,000.00
2,500.00
3,000.00
3,500.00
4,000.00
7. P350,000.00 or more but not more than P400,000.00
2,820.00
3,400.00
4,100.00
4,700.00
8. For each P1,000.00 in excess of P400,000.00
12.50
15.00
17.50
20.00
(b) For motions for postponement (whether verbal or written) after completion of the pre-trial stage, TWO HUNDRED (P200.00) PESOS for the first, and an additional FIFTY (P50.00) PESOS for every motion for postponement thereafter based on that for the immediately preceding motion. For any other motion, TWO HUNDRED (P200.00) PESOS;
(c) For all types of bonds (cash, surety and property) in criminal and civil cases, FIVE HUNDRED (P500.00) PESOS per each bond;
(d) For entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;
(e) FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED (P500.00) PESOS;
(f) FOR APPLICATIONS FOR ACCREDITATION OF NEWSPAPERS AND PERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICES AND OTHER SIMILAR ANNOUNCEMENTS, FIVE THOUSAND (P5,000.00) PESOS; for appeals from decisions of Executive Judge – ONE THOUSAND (P1,000.00) PESOS; and for filing an action for revocations or suspension of accreditation – ONE THOUSAND (P1,000.00) PESOS;
(g) FOR ELECTION CONTESTS INCLUDING ELECTION PROTESTS, COUNTER-PROTESTS, PROTESTS-IN-INTERVENTION AND QUO WARRANTO PROCEEDINGS INVOLVING MUNICIPAL OFFICES- THREE THOUSAND (P3,000.00) PESOS; AND BARANGAY OFFICES- ONE THOUSAND FIVE HUNDRED (P1,500.00) PESOS. IN ADDITION, THE FILING FEES PRESCRIBED BY THE COMELEC RULES OF PROCEDURES FOR THESE ACTIONS SHALL ALSO BE COLLECTED AND INDICATED IN THE RECEIPT.
(h) FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES OF VOTERS, ONE HUNDRED (P100.00) PESOS;
(i) For petitions for rehabilitation, under the Interim Rules of Procedure on Corporate Rehabilitation, the fees payable shall be based on the value of the assets of, or amount of monetary claims against, the debtor, whichever is higher, which must be declared in the Petition, as follows:
From effectivity to Nov. 10, 2004*
Nov. 11, 2004 to Nov. 10, 2005**
Nov. 11, 2005 to Nov. 10, 2006***
Effective Nov. 11, 2006****
1. Less than P10,000,000.00
P 12,500.00
P 15,000.00
P 17,500.00
P 20,000.00
2. P10,000,000.00 or more but less than P20,000,000.00
25,000.00
30,000.00
35,000.00
40,000.00
3. P20,000,000.00 or more but less than P30,000,000.00
37,500.00
45,000.00
52,500.00
60,000.00
4. P30,000,000.00 or more but less than P40,000,000.00
50,000.00
60,000.00
70,000.00
80,000.00
5. P40,000,000.00 or more but less than P50,000,000.00
62,500.00
75,000.00
87,500.00
100,000.00
6. P50,000,000.00 or more but less than P60,000,000.00
75,000.00
90,000.00
105,000.00
120,000.00
7. P60,000,000.00 or more but not more than P70,000,000.00
87,500.00
105,000.00
122,500.00
140,000.00
8. P70,000,000.00 or more but less than P80,000,000.00
100,000.00
120,000.00
140,000.00
160,000.00
9. P80,000,000.00 or more but less than P90,000,000.00
112,500.00
135,000.00
157,500.00
180,000.00
10. P90,000,000.00 or more but less than P100,000,000.00
125,000.00
150,000.00
175,000.00
200,000.00
11. For each P10,000.00 in excess of P100,000,000.00
12.50
15.00
17.50
20.00
The value of the assets shall be based on the fair market value of the real properties of the petitioner stated in the tax declaration or the zonal value thereof fixed by the Bureau of Internal Revenue whichever is higher or if there is none, the stated value of the assets in the petition. In case of personal property, the value shall be stated by the petitioner in the petition.
If during trial, the court finds that the value of the assets is more or the monetary claims are higher than the amounts stated in the complaint or petition, then it shall order the payment of additional fees based thereon.
(j) FOR PETITIONS FOR THE COMPULSORY CONFINEMENT OF A DRUG DEPENDENT UNDER SECTION 61 OF THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”, THREE HUNDRED (P300.00) PESOS;
(k) For petitions for insolvency or other cases involving intra-corporate controversies, the fees prescribed under letter a, section 7 shall apply.
Sec. 22. Government exempt. -- The Republic of the Philippines, its agencies and instrumentalities are exempt from paying the legal fees provided in the rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees.
However, all court actions, criminal or civil, instituted at the instance of the provincial, city or municipal treasurer or assessor under Sec. 280 of the Local Government Code of 1991 shall be exempt from the payment of court and sheriff’s fees. (page 211 of the Manual for Clerks of Court)
RESOLUTION AMENDING RULE 141 (LEGAL FEES) OF THE RULES OF COURT
A. M. NO. 00-2-01-SC
MARCH 1, 2000
RESOLUTION AMENDING RULE 141 (LEGAL FEES) OF THE RULES OF COURT
Pursuant to the resolution of the Court of 14 September 1999 in A.M. No. 99-8-01-SC, Rule 141 of the Rules of Court is hereby further amended to read as follows:
RULE 141
LEGAL FEES
SEC. 1. Payment of fees. - Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full. (n)
SEC. 2. Fees in lien. - Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and collect the corresponding fees. (n)
SEC. 3. Persons authorized to collect legal fees. - Except as otherwise provided in this rule, the officers and persons hereinafter mentioned, together with their assistants and deputies, may demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more. All fees so collected shall be forthwith remitted to the Supreme Court. The fees collected shall accrue to the general fund. However, all increases in the legal fees prescribed in amendments to this rule as well as new legal fees prescribed herein shall pertain to the Judiciary Development Fund as established by law. The persons herein authorized to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by law. (1a)
SEC. 4. Clerks of the Court of Appeals and of the Supreme Court.- (a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering, recording and certification of judgment and remanding of records to the lower court, taxing they costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action or special proceeding, five hundred (P500.00) pesos;
(b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;
(d) For each certificate not on process, thirty (P30.00) pesos;
(e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;
(f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (4a)
SEC. 5. Fees to be paid by the advancing party. - The fees of the clerk of the Court of Appeals or of the Supreme Court shall be paid to him at the time of the entry of the action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)
SEC.6. Fees of bar candidates.- (a) For filing the application for admission to the bar, whether admitted to the examination or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;
(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;
(c) Other Bar Fees. - For the issuance of:
1. Certification of admission to the Philippine Bar
P50.00
2. Certificate of good standing (local)
50.00
3. Certificate of good standing (foreign)
100.00
4. Verification of membership in the bar
50.00
5. Certificate of grades in the bar examinations
50.00
6. Other certification of records at the Bar Office, per page
15.00
7. A duplicate diploma of admission to the Philippine Bar
500.00
For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)
SEC.7. Clerks of Regional Trial Courts.- (a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth-party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is:
1. Less than P100,000.00
…………P 500.00
2. P100,000.00 or more but less than P150,000.00
…………...800.00
3. P150,000.00 or more but less than P200,000.00
…………1,000.00
4. P200,000.00 or more but less than P250,000.00
…………1,500.00
5. P250,000.00 or more but less than P300,000.00
…………1,750.00
6. P300,000.00 or more but less than P350,000.00
…………2,000.00
7. P350,000.00 or more but not more than P400,000.00
…………2,250.00
8. For each P1,000.00 in.excess of P400,000.00
…………....10.00
(b) For filing:
1. Actions where the value of the subject matter cannot be estimated
………………..P600.00
2. Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above
…...…………….600.00
3. All other actions not involving property
…………………600.00
In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:
1. Less than P50,000.00
………….....P275.00
2. P50,000.00 or more but less than P100,000.00
……………..400.00
3. P100,000.00 or more but less than P150,000.00
……………..500.00
4. P150,000.00 or more but less than P200,000.00
……………...650.00
5. P200,000.00 or more but less than P250,000.00
……………1,000.00
6. P250,000.00 or more but less than P300,000.00
……………1,250.00
7. P300,000.00 or more but less than P400,000.00
……………1,500.00
8. P400,000.00 or more but less than P500,000.00
……………1,750.00
9. .P500,000.00 or more but not more than P1,000,000.00
…....………2,000.00
10. For each P1,000.00 in excess of P1,000,000.00
………………10.00
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:
1. More than P100,000.00 but less than P150,000.00
……………P2,000.00
2. P150,000.00 or more but less than P200,000.00
………………2,250.00
3. P200,000.00 or more but less than P250,000.00
………………2,500.00
4. P250,000.00 or more but less than P300,000.00
………………2,750.00
5. P300,000.00 or more but less than P350,000.00
………………3,000.00
6. P350,000.00 or more but not more than P400,000.00
……............…3,250.00
7. For each P1,000.00 in excess of P400,000.00
…………………10.00
If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;
If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.
(g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;
(h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
(i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) and fifteen (P15.00) pesos for certification;
(k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5 %) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000) pesos.
(l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)
SEC. 8. Clerks of Courts of the First Level.- (a) For each civil action or proceeding, where the value of the subject matter involved, or the amount of the demand, inclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs is:
1. Not more than P20,000.00
P150.00
2. More than P20,000.00 but not more than P100,000.00
500.00
3. More than P100,000.00 but not more than P200,000.00
1,250.00
4. More than P200,000.00 but not more than P300,000.00
1,750.00
5. More than P300,000.00 but not more than P400,000.00
2,500.00
In a real action, other than for forcible entry and unlawful detainer, the assessed value of the property or if not declared for taxation purposes, the assessed value of the adjacent lots, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(b) For initiating proceedings for the allowance of wills, granting of letters of administration and settlement of estates of small value, where the value of the estate is:
1. Not more than P20,000.00
………………P250.00
2. More than P20,000.00 but not more than P100,000.00
...............……1,350.00
3. More than P100,000.00 but not more than P200,000.00
……...............2,000.00
4. For each proceeding other than the allowance of wills (probate), granting of letters of administration, settlement of estate of small value, two hundred (P200.00) pesos;
(c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
(d) For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from courts of first level, two hundred (P200.00) pesos;
(e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(f) For taking affidavit, twenty-five (P25.00) pesos;
(g) For taking acknowledgement, thirty (P30.00) pesos;
(h) For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
(i) For certified copies of any record, per page, ten (P10.00) pesos;
(j) For stamping and registering books as required by articles nineteen and thirty-six of the Code of Commerce, each book, thirty (P30.00) pesos;
(k) For performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitled to receive. (8a)
SEC.9. Sheriffs and other persons serving processes.- (a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos;
(c) For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
(d) For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, sixty (P60.00) pesos;
(e) For executing a writ of replevin, sixty (P60.00) pesos;
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, fifty (P50.00) pesos;
(g) For executing a writ or process to place a party in possession of real estates one hundred and fifty (P150.00) pesos;
(h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred and fifty (P150.00) pesos per day of actual inventory work;
(j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
(k) For issuing a notice of garnishment, for each notice, thirty pesos (P30.00) pesos;
(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums, to wit:
1.
On the first four thousand (P4,000.00) pesos, five (5%) per centum;
2.
On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.
In addition to the fees herein above fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff’s expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex oficio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor. (9a)
SEC. 10. Stenographers.- Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60) for the same page, after the filing of the appeal, provided, however, that one-third of the total charges shall be paid to the court and the remaining two-thirds to the stenographer concerned. (10a)
SEC.11. Notaries. - No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, thirty-six (P36.00) pesos;
(b) For the registration of such protest and filing or safekeeping of the same, thirty-six (P36.00) pesos;
(c) For authenticating powers of attorney, thirty-six (P36.00) pesos;
(d) For sworn statement concerning correctness of any account or other document, thirty-six (P36.00) pesos;
(e) For each oath of affirmation, thirty-six (P36.00) pesos;
(f) For receiving evidence of indebtedness to be sent outside, thirty-six (P36.00) pesos;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty-six (P36.00) peso;
(h) For taking depositions, for each page, thirty-six (P36.00) pesos; and
(i) For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos. (11a)
SEC. 12. Other officers taking depositions. -- Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions. (10)
SEC. 13. Witness fees. - (a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts, either in actions or special proceedings, shall be entitled to one hundred (P100.00)pesos per day-inclusive of travel time;
(b) Witnesses before courts of the first level shall be allowed fifty (P50.00) pesos per day;
(c) Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness. (11a)
SEC. 14. Fees of appraisers. - Appraisers appointed to appraise the estate of a ward or of a deceased person shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate. (12a)
SEC. 15. Fees of commissioners in eminent domain proceedings. - The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (13a)
SEC. 16. Fees of commissioners in proceedings for partition of real estate. - The commissioners appointed to make partition of real estate shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (14a)
SEC. 17. Fees and the account thereof. - The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees has accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein. (15)
SEC. 18. Indigent-litigants exempt from payment of legal fees. - Indigent-litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a)
SEC. 19. In addition to the fees imposed in the preceding sections, a victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act. No. 7309 shall be assesed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111, Revised Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)
SEC. 20. Other fees. - The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:
1. Less than P100,000.00
..…………P500.00
2. P100,000.00 or more but less than P150,000.00
……………800.00
3. P150,000.00 or more but less than P200,000.00
….………1,000.00
4. P200,000.00 or more but less than P250,000.00
….………1,500.00
5. P250,000.00 or more but less than P300,000.00
…….……1,750.00
6. P300,000.00 or more but less than P350,000.00
…..………2,000.00
7. P350,000.00 or more but no more than P400,000.00
......................2,250.00
8. For each P 1,000.00 in excess of P400,000.00
……..………10.00
(b) For motions for postponement after completion of the pre-trial stage, one hundred pesos (P100.00) for the first, and an additional fifty pesos (P50.00) for every postponement thereafter based on that for the immediately preceding motion: Provided, however, that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason;
(c) For bonds by sureties in criminal and civil cases, three hundred pesos (P300.00);
(d) For applications for and entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, three hundred (P300.00) pesos;
(e) For applications for and certificates of sale in notarial foreclosures:
1.
On the first four thousand (P4,000) pesos, five (5%) per cent;
2.
On all sums in excess of four thousand (P4,000) pesos, two and one-half (2.5%) per cent. (A. M. No. 99-8-01-SC, September 14, 1999)
SEC. 21. Government exempt.- The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees. (19)
This Resolution shall take effect on the 1st day of March, 2000, and shall be published in two (2) newspapers of general circulation not later than the 15th of February, 2000.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, and De Leon, Jr., JJ., concur.
MARCH 1, 2000
RESOLUTION AMENDING RULE 141 (LEGAL FEES) OF THE RULES OF COURT
Pursuant to the resolution of the Court of 14 September 1999 in A.M. No. 99-8-01-SC, Rule 141 of the Rules of Court is hereby further amended to read as follows:
RULE 141
LEGAL FEES
SEC. 1. Payment of fees. - Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full. (n)
SEC. 2. Fees in lien. - Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and collect the corresponding fees. (n)
SEC. 3. Persons authorized to collect legal fees. - Except as otherwise provided in this rule, the officers and persons hereinafter mentioned, together with their assistants and deputies, may demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more. All fees so collected shall be forthwith remitted to the Supreme Court. The fees collected shall accrue to the general fund. However, all increases in the legal fees prescribed in amendments to this rule as well as new legal fees prescribed herein shall pertain to the Judiciary Development Fund as established by law. The persons herein authorized to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by law. (1a)
SEC. 4. Clerks of the Court of Appeals and of the Supreme Court.- (a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering, recording and certification of judgment and remanding of records to the lower court, taxing they costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the action or proceeding not herein otherwise provided for, each action or special proceeding, five hundred (P500.00) pesos;
(b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;
(d) For each certificate not on process, thirty (P30.00) pesos;
(e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;
(f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (4a)
SEC. 5. Fees to be paid by the advancing party. - The fees of the clerk of the Court of Appeals or of the Supreme Court shall be paid to him at the time of the entry of the action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying the date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)
SEC.6. Fees of bar candidates.- (a) For filing the application for admission to the bar, whether admitted to the examination or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;
(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;
(c) Other Bar Fees. - For the issuance of:
1. Certification of admission to the Philippine Bar
P50.00
2. Certificate of good standing (local)
50.00
3. Certificate of good standing (foreign)
100.00
4. Verification of membership in the bar
50.00
5. Certificate of grades in the bar examinations
50.00
6. Other certification of records at the Bar Office, per page
15.00
7. A duplicate diploma of admission to the Philippine Bar
500.00
For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)
SEC.7. Clerks of Regional Trial Courts.- (a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth-party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is:
1. Less than P100,000.00
…………P 500.00
2. P100,000.00 or more but less than P150,000.00
…………...800.00
3. P150,000.00 or more but less than P200,000.00
…………1,000.00
4. P200,000.00 or more but less than P250,000.00
…………1,500.00
5. P250,000.00 or more but less than P300,000.00
…………1,750.00
6. P300,000.00 or more but less than P350,000.00
…………2,000.00
7. P350,000.00 or more but not more than P400,000.00
…………2,250.00
8. For each P1,000.00 in.excess of P400,000.00
…………....10.00
(b) For filing:
1. Actions where the value of the subject matter cannot be estimated
………………..P600.00
2. Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above
…...…………….600.00
3. All other actions not involving property
…………………600.00
In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:
1. Less than P50,000.00
………….....P275.00
2. P50,000.00 or more but less than P100,000.00
……………..400.00
3. P100,000.00 or more but less than P150,000.00
……………..500.00
4. P150,000.00 or more but less than P200,000.00
……………...650.00
5. P200,000.00 or more but less than P250,000.00
……………1,000.00
6. P250,000.00 or more but less than P300,000.00
……………1,250.00
7. P300,000.00 or more but less than P400,000.00
……………1,500.00
8. P400,000.00 or more but less than P500,000.00
……………1,750.00
9. .P500,000.00 or more but not more than P1,000,000.00
…....………2,000.00
10. For each P1,000.00 in excess of P1,000,000.00
………………10.00
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:
1. More than P100,000.00 but less than P150,000.00
……………P2,000.00
2. P150,000.00 or more but less than P200,000.00
………………2,250.00
3. P200,000.00 or more but less than P250,000.00
………………2,500.00
4. P250,000.00 or more but less than P300,000.00
………………2,750.00
5. P300,000.00 or more but less than P350,000.00
………………3,000.00
6. P350,000.00 or more but not more than P400,000.00
……............…3,250.00
7. For each P1,000.00 in excess of P400,000.00
…………………10.00
If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Family Code, two hundred (P200.00) pesos;
If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.
(g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;
(h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
(i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) and fifteen (P15.00) pesos for certification;
(k) For a commission on all money coming into the clerks' hands by law, rule, order or writ of court and caring for the same, one and one-half (1.5 %) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000) pesos.
(l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)
SEC. 8. Clerks of Courts of the First Level.- (a) For each civil action or proceeding, where the value of the subject matter involved, or the amount of the demand, inclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs is:
1. Not more than P20,000.00
P150.00
2. More than P20,000.00 but not more than P100,000.00
500.00
3. More than P100,000.00 but not more than P200,000.00
1,250.00
4. More than P200,000.00 but not more than P300,000.00
1,750.00
5. More than P300,000.00 but not more than P400,000.00
2,500.00
In a real action, other than for forcible entry and unlawful detainer, the assessed value of the property or if not declared for taxation purposes, the assessed value of the adjacent lots, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
(b) For initiating proceedings for the allowance of wills, granting of letters of administration and settlement of estates of small value, where the value of the estate is:
1. Not more than P20,000.00
………………P250.00
2. More than P20,000.00 but not more than P100,000.00
...............……1,350.00
3. More than P100,000.00 but not more than P200,000.00
……...............2,000.00
4. For each proceeding other than the allowance of wills (probate), granting of letters of administration, settlement of estate of small value, two hundred (P200.00) pesos;
(c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
(d) For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from courts of first level, two hundred (P200.00) pesos;
(e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(f) For taking affidavit, twenty-five (P25.00) pesos;
(g) For taking acknowledgement, thirty (P30.00) pesos;
(h) For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
(i) For certified copies of any record, per page, ten (P10.00) pesos;
(j) For stamping and registering books as required by articles nineteen and thirty-six of the Code of Commerce, each book, thirty (P30.00) pesos;
(k) For performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitled to receive. (8a)
SEC.9. Sheriffs and other persons serving processes.- (a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos;
(c) For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
(d) For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, sixty (P60.00) pesos;
(e) For executing a writ of replevin, sixty (P60.00) pesos;
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, fifty (P50.00) pesos;
(g) For executing a writ or process to place a party in possession of real estates one hundred and fifty (P150.00) pesos;
(h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred and fifty (P150.00) pesos per day of actual inventory work;
(j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
(k) For issuing a notice of garnishment, for each notice, thirty pesos (P30.00) pesos;
(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums, to wit:
1.
On the first four thousand (P4,000.00) pesos, five (5%) per centum;
2.
On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.
In addition to the fees herein above fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriff’s expenses in serving or executing the process, or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex oficio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff’s expenses shall be taxed as costs against the judgment debtor. (9a)
SEC. 10. Stenographers.- Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60) for the same page, after the filing of the appeal, provided, however, that one-third of the total charges shall be paid to the court and the remaining two-thirds to the stenographer concerned. (10a)
SEC.11. Notaries. - No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:
(a) For protests of drafts, bills of exchange, or promissory notes for non-acceptance or non-payment, and for notice thereof, thirty-six (P36.00) pesos;
(b) For the registration of such protest and filing or safekeeping of the same, thirty-six (P36.00) pesos;
(c) For authenticating powers of attorney, thirty-six (P36.00) pesos;
(d) For sworn statement concerning correctness of any account or other document, thirty-six (P36.00) pesos;
(e) For each oath of affirmation, thirty-six (P36.00) pesos;
(f) For receiving evidence of indebtedness to be sent outside, thirty-six (P36.00) pesos;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty-six (P36.00) peso;
(h) For taking depositions, for each page, thirty-six (P36.00) pesos; and
(i) For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos. (11a)
SEC. 12. Other officers taking depositions. -- Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions. (10)
SEC. 13. Witness fees. - (a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts, either in actions or special proceedings, shall be entitled to one hundred (P100.00)pesos per day-inclusive of travel time;
(b) Witnesses before courts of the first level shall be allowed fifty (P50.00) pesos per day;
(c) Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness. (11a)
SEC. 14. Fees of appraisers. - Appraisers appointed to appraise the estate of a ward or of a deceased person shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate. (12a)
SEC. 15. Fees of commissioners in eminent domain proceedings. - The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (13a)
SEC. 16. Fees of commissioners in proceedings for partition of real estate. - The commissioners appointed to make partition of real estate shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (14a)
SEC. 17. Fees and the account thereof. - The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees has accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein. (15)
SEC. 18. Indigent-litigants exempt from payment of legal fees. - Indigent-litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a)
SEC. 19. In addition to the fees imposed in the preceding sections, a victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act. No. 7309 shall be assesed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111, Revised Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)
SEC. 20. Other fees. - The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:
1. Less than P100,000.00
..…………P500.00
2. P100,000.00 or more but less than P150,000.00
……………800.00
3. P150,000.00 or more but less than P200,000.00
….………1,000.00
4. P200,000.00 or more but less than P250,000.00
….………1,500.00
5. P250,000.00 or more but less than P300,000.00
…….……1,750.00
6. P300,000.00 or more but less than P350,000.00
…..………2,000.00
7. P350,000.00 or more but no more than P400,000.00
......................2,250.00
8. For each P 1,000.00 in excess of P400,000.00
……..………10.00
(b) For motions for postponement after completion of the pre-trial stage, one hundred pesos (P100.00) for the first, and an additional fifty pesos (P50.00) for every postponement thereafter based on that for the immediately preceding motion: Provided, however, that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason;
(c) For bonds by sureties in criminal and civil cases, three hundred pesos (P300.00);
(d) For applications for and entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, three hundred (P300.00) pesos;
(e) For applications for and certificates of sale in notarial foreclosures:
1.
On the first four thousand (P4,000) pesos, five (5%) per cent;
2.
On all sums in excess of four thousand (P4,000) pesos, two and one-half (2.5%) per cent. (A. M. No. 99-8-01-SC, September 14, 1999)
SEC. 21. Government exempt.- The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees. (19)
This Resolution shall take effect on the 1st day of March, 2000, and shall be published in two (2) newspapers of general circulation not later than the 15th of February, 2000.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, Ynares-Santiago, and De Leon, Jr., JJ., concur.
COSTS
Rule 142
Section 1. Costs ordinarily follow results of suit. - Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law.
Sec. 2. When action or appeal dismissed. - If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.
Sec. 3. Costs when appeal frivolous. - Where an action or an appeal is found to be frivolous, double, or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.
Sec. 4. False allegations. - An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.
Sec. 5. No costs of irrelevant matters. - When the record contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement of preparing, certifying, or printing such matter.
Sec. 6. Attorney's fees as cost. - No attorney's fees shall be taxed as costs against the adverse party, except as provided by the rules of civil law. But this section shall have no relation to the fees to be charged by an attorney as against his client.
Sec. 7. Restriction of costs. - If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full costs may be allowed.
Sec. 8. Costs, how taxed. - In inferior courts, the costs shall be taxed by the municipal or city judge and included in the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five day's written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.
Sec. 9. Costs in municipal or city courts. - In an action or proceeding pending before a municipal or city judge, the prevailing party may recover the following costs, and no other:
(a) For the complaint or answer, two pesos;
(b) For the attendance of himself, or his counsel, or both, on the day of trial, five pesos;
(c) For each additional day's attendance required in the actual trial of the case, one peso;
(d) For each witness produced by him, for each day's necessary attendance at the trial, one peso, and his lawful traveling fees;
(e) For each deposition lawfully taken by him and produced in evidence, five pesos;
(f) For original documents, deeds, or papers of any kind produced by him, nothing;
(g) For official copies of such documents, deeds or papers, the lawful fees necessarily paid for obtaining such copies;
(h) The lawful fees paid by him for service of the summons and other process in the action;
(i) The lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding.
Sec. 10. Costs in Courts of First Instance. - In an action or proceeding pending in a Court of First Instance, the prevailing party may recover the following costs, and no other:
.
(a) For the complaint or answer, fifteen pesos;
(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced by him, nothing;
(f) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the service of any process in action, and all lawful clerk's fees paid by him.
Sec. 11. Costs in Court of Appeals and in Supreme Court. - In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:
(a) For his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fifty pesos in the Supreme Court;
(b) For official copies of record on appeal and the printing thereof, and all other copies required by the rules of court, the sum actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;
(f) The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.
Sec. 12. Costs when witness fails to appear. - If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the costs of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was willful or without just excuse.
Sec. 13. Costs when person cited for examination in probate proceedings. - When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion, tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.
Section 1. Costs ordinarily follow results of suit. - Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law.
Sec. 2. When action or appeal dismissed. - If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.
Sec. 3. Costs when appeal frivolous. - Where an action or an appeal is found to be frivolous, double, or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.
Sec. 4. False allegations. - An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.
Sec. 5. No costs of irrelevant matters. - When the record contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement of preparing, certifying, or printing such matter.
Sec. 6. Attorney's fees as cost. - No attorney's fees shall be taxed as costs against the adverse party, except as provided by the rules of civil law. But this section shall have no relation to the fees to be charged by an attorney as against his client.
Sec. 7. Restriction of costs. - If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full costs may be allowed.
Sec. 8. Costs, how taxed. - In inferior courts, the costs shall be taxed by the municipal or city judge and included in the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five day's written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.
Sec. 9. Costs in municipal or city courts. - In an action or proceeding pending before a municipal or city judge, the prevailing party may recover the following costs, and no other:
(a) For the complaint or answer, two pesos;
(b) For the attendance of himself, or his counsel, or both, on the day of trial, five pesos;
(c) For each additional day's attendance required in the actual trial of the case, one peso;
(d) For each witness produced by him, for each day's necessary attendance at the trial, one peso, and his lawful traveling fees;
(e) For each deposition lawfully taken by him and produced in evidence, five pesos;
(f) For original documents, deeds, or papers of any kind produced by him, nothing;
(g) For official copies of such documents, deeds or papers, the lawful fees necessarily paid for obtaining such copies;
(h) The lawful fees paid by him for service of the summons and other process in the action;
(i) The lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding.
Sec. 10. Costs in Courts of First Instance. - In an action or proceeding pending in a Court of First Instance, the prevailing party may recover the following costs, and no other:
.
(a) For the complaint or answer, fifteen pesos;
(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced by him, nothing;
(f) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the service of any process in action, and all lawful clerk's fees paid by him.
Sec. 11. Costs in Court of Appeals and in Supreme Court. - In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:
(a) For his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fifty pesos in the Supreme Court;
(b) For official copies of record on appeal and the printing thereof, and all other copies required by the rules of court, the sum actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;
(f) The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.
Sec. 12. Costs when witness fails to appear. - If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the costs of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was willful or without just excuse.
Sec. 13. Costs when person cited for examination in probate proceedings. - When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion, tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.
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