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This web page features the full text of
RULE 141
LEGAL FEES


 

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. chan robles virtual law library

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.cralaw

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.cralaw

Sec.  4.  Clerks of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals.cralaw

(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 chan robles virtual law library

(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:chanroblesvirtuallawlibrary

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.cralaw

(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 chan robles virtual law library

(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.cralaw

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. chan robles virtual law library

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:chanroblesvirtuallawlibrary

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) chan robles virtual law library

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:chanroblesvirtuallawlibrary

 
 


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.cralaw

(b)     For filing:chanroblesvirtuallawlibrary
 
 


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:chanroblesvirtuallawlibrary
 
 


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. chan robles virtual law library

** 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.cralaw

*** 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.cralaw

**** 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.cralaw

(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

 
 


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.cralaw

(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:chanroblesvirtuallawlibrary

(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; chan robles virtual law library

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.cralaw

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:chanroblesvirtuallawlibrary

 
 


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. chan robles virtual law library

(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:chanroblesvirtuallawlibrary
 
 


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.cralaw

(d)     For all other actions not covered by preceding paragraphs:chanroblesvirtuallawlibrary
 
 

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; chan robles virtual law library

(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.cralaw

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.cralaw

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.cralaw

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.cralaw

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. chan robles virtual law library

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.cralaw

And provided further, that an accused-appellant shall also be exempt from contributing to the Mediation Fund.cralaw

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.cralaw

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.cralaw

Sec.  10.  Sheriffs, PROCESS SERVERS and other persons serving processes. chan robles virtual law library

(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; chan robles virtual law library

(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:chanroblesvirtuallawlibrary

(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.cralaw

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.cralaw

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.cralaw

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; chan robles virtual law library

(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 cralaw

(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.cralaw

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.cralaw

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. chan robles virtual law library

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.cralaw

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.cralaw

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.cralaw

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.cralaw

The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides.cralaw

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.cralaw

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: chan robles virtual law library

(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:chanroblesvirtuallawlibrary

 
 


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; chan robles virtual law library

(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.cralaw

(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: chan robles virtual law library

 
 


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. chan robles virtual law library

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.cralaw

(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.cralaw

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. chan robles virtual law library

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)

chan robles virtual law library

 
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