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:chanroblesvirtuallawlibrary
RULE
141LEGAL
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
(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:chanroblesvirtuallawlibrary
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:chanroblesvirtuallawlibrary
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. |