PHILIPPINE SUPREME COURT CIRCULARS - CHAN ROBLES VIRTUAL LAW LIBRARY

TO: THE COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, ALL MEMBERS OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT: AMENDMENTS TO SECTION 7 (a) AND (d) AND SECTION 8 (a) AND (b), RULE 141, RULES OF COURT, AS LAST AMENDED ON SEPTEMBER 4, 1990 AND EFFECTIVE NOVEMBER 2, 1990, IN VIEW OF THE EXPANDED JURISDICTION OF THE LOWER COURTS UNDER REPUBLIC ACT NO. 7691

BY RESOLUTION OF THE COURT DATED JUNE 28, 1994, PURSUANT TO SECTION 5 (5) OF ARTICLE VIII OF THE CONSTITUTION, RULE 141, SECTION 7 (a) AND (d), AND SECTION 8(a) AND (b), OF THE RULES OF COURT ARE HEREBY AMENDED TO READ AS FOLLOWS:

[a] For filing an action or a permissive counter-claim 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, inclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs or the stated value of the property in litigation, is:

1. Not more then P100,000.00 ………………………………….....…P 400.00

2. P100,000.00 or more but not more than P150,000.00 .……………600.00

3. For each P1,000.00, in excess of P150,000.00 ………………………5.00

x x x [b] 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 not more than P150,000.00 ……….P1,300.00

2. For each P1,000.00, in excess of P150,000.00 …………………….….5.00

Sec. 8. CLERKS of Metropolitan and Municipal Trial Courts

[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 ………………………………...…………P120.00

2. More than P20,000.00 but not more than P100,000.00 ……………..400.00

3. More than P100,000.00 but not more than P200,000.00 ……………850.00

In a real action, 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 ………………………………….....…. . ..P 200.00

2. More than P20,000.00 but not more than P100,000.00 …………....1,100.00

3. More than P100,000.00 but not more than P200,000.00 ……...…...1,550.00

x x x
4. For each proceeding other than the allowance of wills (probate), granting of letter of administration, settlement of estates of small value, one hundred and fifty (150.00) pesos.
x x x
This Administrative Circular shall be published in two (2) newspapers of general circulation and shall take effect on August 1, 1994.

June 28, 1994.

Copyright ©1998-2006 by ChanRobles Publishing Company *All Rights Reserved*	A production of The ChanRobles Group
Questions and comments mailto: cralaw@chanrobles.com	Designed & Maintained by: Harvard Computer Systems, Inc.
contents disclaimer e-mail restriction	[Our site works best at 800x600 resolution with Netscape]