ADMINISTRATIVE
CIRCULAR NO. 3-2000
TO: THE
COURT
OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS,
METROPOLITAN TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL
CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS
SUBJECT: RE: GUIDELINES IN THE ALLOCATION OF THE LEGAL FEES
COLLECTED
UNDER RULE
141 OF THE RULES
OF
COURT, AS AMENDED, BETWEEN THE GENERAL FUND AND THE JUDICIARY
DEVELOPMENT
FUND.
To
implement the
provisions of Section 3, Rule 141, as revised pursuant to A.M. No.
99-8-01-SC
dated September 14, 1999 and A.M. No. No. 00-2-01-SC dated February 1,
2000 and made effective on March 1, 2000 to the effect that all
increases
in the legal fees shall pertain to the Judiciary Development Fund as
established
by law (Presidential Decree No. 1949 dated May 18,1984) and to obviate
confusion that may arise in the allocation of the legal fees collected
under said rule between the General Fund and the Judiciary Development
Fund, the following guidelines are hereby issued:
I.
FUND
ALLOCATION
| |
General
Fund
|
Judiciary
Dev.
Fund
|
| 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 the 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; |
48.00
|
452.00
|
| (b)
For the performance of marriage ceremony, including issuance of
certificate
of marriage, three hundred (P300.00) pesos; |
|
300.00
|
| (c) For furnishing
transcipt 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; |
0.20
|
3.80
|
| (d)
For each certificate not on process, thirty (P30.00) pesos; |
1.00
|
29.00
|
| (e)
For every search for anything above a year's standing and reading the
same,
fifteen (P15.00) pesos; |
1.00
|
14.00
|
|
(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%) percent on all sums in excess of forty thousand
(P40,000.00)
pesos (4a)
a)
on all sums
not exceeding 4,000
b) on
all sums in
excess of 4,000 but not exceeding 40,000
c) on
all sums in
excess of 40,000
|
1/2%
1/4%
1/8%
|
2%
1 1/4%
7/8%
|
| Sec.
5. Fees to be paid by the advancing party.- The
fees of the Clerk of the Court of Appeals or the Supreme Court shall be
paid to him at the time of the entry of 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 he 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
examinations
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;
*-
The amount of P200.00 pesos multiplied by the number of times the
applicant
has failed in the bar examinations shall all go to JDF.
(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;
|
300.00
350.00
|
1,450.00
1,400.00
|
| (c)
Other Bar Fees. - For the issuance of: |
|
|
| 1.
Certification of admission to the Philippine
Bar…………………...........................P
50.00 |
5.00
|
45.00
|
| 2.
Certificate of good standing (local)………….....……………........…..50.00 |
|
50.00
|
| 3.
Certificate of good standing (foreign)……………………………….100.00 |
|
100.00
|
| 4.
Verification of membership in the bar………………....……………………50.00 |
1.00
|
49.00
|
| 5.
Certificate of grades in the bar examination………..…………………..50.00 |
5.00
|
45.00
|
| 6.
Other certification of records at the Bar Office, per
page……………………….15.00 |
1.00
|
14.00
|
| 7.
A duplicate diploma of admission to the Philippine Bar………………………..500.00 |
100.00
|
400.00
|
| For
services in connection with the return of examination notebooks to
examinees,
a fee of thirty (P30.00) pesos shall also be charged. (6a) |
|
30.00
|
| Sec.
7. Clerks of Court of the 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 |
100.00
|
400.00
|
| 2.
P100,000.00 or more but less than P150,000.00………………….......…..800.00 |
150.00
|
650.00
|
| 3.
P150,000.00 or more but less than P200,000.00………………………...1,000.00 |
200.00
|
800.00
|
| 4.
P200,000.00 or more but less than P250,000.00………………………...1,500.00 |
250.00
|
1,250.00
|
| 5.
P250,000.00 or more but less than P300,000.00………………………...1,750.00 |
300.00
|
1,450.00
|
| 6.
P300,000.00 or more but less than P350,000.00………………………...2,000.00 |
350.00
|
1,650.00
|
| 7.
P350,000.00 or more but not more than P400,000.00………………………...2,250.00 |
400.00
|
1,850.00
|
| 8.
For each P1,000 in excess of P400,000.00…………………………....10.00 |
2.00
|
8.00
|
| (b)
For filing:
1)
Actions where
the value of the subject matter cannot be estimated…………....P 600.00
2)
Special civil
actions except judicial foreclosure of mortgage which shall be governed
by paragraph
a)
above……………......600.00
|
200.00
32.00
|
400.00
568.00
|
| 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.
|
32.00
|
568.00
|
| (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 |
|
275.00
|
| 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 less 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………………...P 2,000.00 |
590.00
|
1,410.00
|
| 2.
P150,000.00 or more but less than P200,000.00………………………...2,250.00 |
640.00
|
1,610.00
|
| 3.
P200,000.00 or more .but less than P250,000.00....……………………...2,500.00 |
690.00
|
1,810.00
|
| 4.
P250,000.00 or more but less than P300,000.00……….……………...2,750.00 |
740.00
|
2,010.00
|
| 5.
P300,000.00 or more but less than P350,000.00………………………...3,000.00 |
790.00
|
2,210.00
|
| 6.
P350,000.00 or more but not more than P400,000.00………………………...3,250.00 |
840.00
|
2,410.00
|
| 7.
For each P1,000.00 in excess P400,000.00 |
1.00
|
9.00
|
| 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; |
32.00
|
1,968.00
|
|
(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 the case may be, two hundred (P200.00) pesos;
If
the proceedings
involved 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.
|
32.00
|
168.00
|
| (g)
For all other special proceedings not concerning property; two hundred
(P200.00) pesos; |
32.00
|
168.00
|
| (h)
For the performance of marriage ceremony including issuance of
certificate
of marriage, three hundred (P300.00) pesos; |
|
300.00
|
| (i)
For filing an application for commission as notary public, five hundred
(P500.00) pesos; |
32.00
|
468.00
|
| (j)
For certified copies of any paper, record, decree, judgment or entry
thereof
for each page, four (P4.00) pesos and fifteen (P15.00) pesos for
certification |
0.40
|
3.60
15.00
|
| (k)
For a commission on all money coming into the clerk's 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; |
|
|
| 1)
On all sums not . exceeding P40,000.00 |
1/2%
|
1%
|
| 2)
On all sums exceeding P40 000.00 |
1/4%
|
3/4%
|
|
(1)
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 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 interest, damages of whatever
kind,
attorney's fees, litigation expenses, and costs is:
|
|
150.00
|
| 1.
Not more than P20,000.00……................…….P150.00 |
60.00
|
90.00
|
| 2.
More than P20,000.00 but not more than P100,000.00……………………...500.00 |
200.00
|
300.00
|
| 3.
More than P100,000.00 but not more than P200,000.00…………………...1,250.00 |
357.50
|
893.00
|
| 4.
More than P200,000.00 but not more than P300,000.00……………………..1,750.00 |
520.00
|
1,230.00
|
| 5.
More than P300,000.00 but not more than P400,000.00……………………..2,500.00 |
650.00
|
1,850.00
|
| 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……P 250.00 |
60.00
|
190.00
|
| 2.
More than P20,000.00 but of more than P100,000.00………………………...1,350.00 |
540.00
|
810.00
|
| 3.
More than P 100,000.00 but not more than P200,000.00………………………...2,000.00 |
697.50
|
1,302.50
|
| 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; |
|
200.00
|
| (c)
For forcible entry and unlawful detainer cases, one hundred and fifty
(P150.00)
pesos; |
10.00
|
140.00
|
| (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; |
20.00
|
180.00
|
| (e)
For the performance of marriage ceremony, including issuance of
certificate
of marriage, three hundred (P300.00) pesos; |
2.00
|
298.00
|
| (f)
For taking affidavit, twenty-five (P25.00) pesos; |
1.00
|
24.00
|
| (g)
For taking acknowledgment, thirty (P30.00) pesos; |
1.50
|
28.50
|
| (h)
For taking and certifying depositions, including oath, per page, eight
(P8.00) pesos; |
0.40
|
7.60
|
| (i)
For certified copies of any record, per page, ten (P10.00) pesos; |
0.40
|
9.60
|
| (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; |
2.00
|
28.00
|
| (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;
|
4.00
|
56.00
|
| (b)
For serving subpoenas in civil action or proceeding, for each witness
to
be served, twenty-four (P24.00) pesos; |
0.40
|
23.60
|
| (c)
For executing a writ of attachment against the property of defendant,
sixty
(P60.00) pesos; |
4.00
|
56.00
|
| (d)
For serving a temporary restraining order, or writ of injunctions,
preliminary
or final, of any court, sixty (P60.00) pesos; |
|
60.00
|
| (e)
For executing a writ of replevin, sixty (P60.00) pesos; |
|
60.00
|
| (f)
For filing bonds or other instruments of indemnity or security in
provisional
remedies, for each fond or instrument, fifty (P50.00) pesos; |
1.00
|
49.00
|
| (g)
For executing a writ of process to place a party in possession of real
estates, one hundred fifty (P150.00) pesos; |
4.00
|
146.00
|
| (h)
For advertising a sale, besides cost of publication, seventy-five
(P75.00)
pesos; |
2.00
|
73.00
|
| (i)
For taking inventory of goods levied upon the when inventory is ordered
by the court, one hundred and fifty (P150.00) pesos per; day of actual
inventory work; |
|
150.00
|
| (j)
For levying on execution on personal or real property, seventy-five
(P75.00)
pesos; |
4.00
|
71.00
|
| (k)
For issuing a notice of garnishment, for each notice thirty P30.00
pesos; |
|
30.00
|
|
(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, hereinabove fixed, the party requesting the process of any court,
preliminary, incidental, or final, shall pay the sheriffs 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-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. 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)
|
1%
1/2%
|
4%
2%
|
| 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) |
.60
.30
|
5.40
3.30
|
| See.
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
nonacceptance
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) pesos; |
|
|
| (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. (l1 a) |
|
|
| 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 (P 100.00) 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 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 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 travelling
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 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
s 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 receding 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, 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) |
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