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.

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 – P3,000.00chan 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:

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) PESOSchan 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.

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:

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 . -

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:
 
 

(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:
 
 

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* 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.

*** 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.

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;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.

Sec.  8.  Clerks of Court of the First Level Courts.  –

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: