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This web page contains the full text of
Rule 142 - Rules of Court
Costs


 

COSTS

Rule 142

   Section 1. Costs ordinarily follow results of suit. - Unless otherwise provided in these rules, costs shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law. chanrobles virtua law library

   Sec. 2. When action or appeal dismissed. -  If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.

   Sec. 3. Costs when appeal frivolous. - Where an action or an appeal is found to be frivolous, double, or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.

   Sec. 4. False allegations. -  An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.

   Sec. 5. No costs of irrelevant matters. - When the record contains any unnecessary, irrelevant, or immaterial matter, the party at whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement of preparing, certifying, or printing such matter.

   Sec. 6. Attorney's fees as cost. - No attorney's fees shall be taxed as costs against the adverse party, except as provided by the rules of civil law. But this section shall have no relation to the fees to be charged by an attorney as against his client. chanrobles virtua law library

   Sec. 7. Restriction of costs. -  If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full costs may be allowed.

   Sec. 8. Costs, how taxed. -  In inferior courts, the costs shall be taxed by the municipal or city judge and included in the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five day's written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.

   Sec. 9. Costs in municipal or city courts. - In an action or proceeding pending before a municipal or city judge, the prevailing party may recover the following costs, and no other:chanroblesvirtuallawlibrary

(a) For the complaint or answer, two pesos;

(b) For the attendance of himself, or his counsel, or both, on the day of trial, five pesos; chanrobles virtua law library

(c) For each additional day's attendance required in the actual trial of the case, one peso;

(d) For each witness produced by him, for each day's necessary attendance at the trial, one peso, and his lawful traveling fees;

(e) For each deposition lawfully taken by him and produced in evidence, five pesos;

(f) For original documents, deeds, or papers of any kind produced by him, nothing;

(g) For official copies of such documents, deeds or papers, the lawful fees necessarily paid for obtaining such copies;

(h)  The lawful fees paid by him for service of the summons and other process in the action;

(i)  The lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding. chanrobles virtua law library

   Sec. 10. Costs in Courts of First Instance. - In an action or proceeding pending in a Court of First Instance, the prevailing party may recover the following costs, and no other:


(a)  For the complaint or answer, fifteen pesos;

(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;

(c)  For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;

(d)  For each deposition lawfully taken by him, and produced in evidence, five pesos;

(e)  For original documents, deeds, or papers of any kind produced by him, nothing;

(f)  For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;

(g)  The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the service of any process in action, and all lawful clerk's fees paid by him. chanrobles virtua law library

   Sec. 11. Costs in Court of Appeals and in Supreme Court. - In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:chanroblesvirtuallawlibrary

(a)  For his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fifty pesos in the Supreme Court;

(b)  For official copies of record on appeal and the printing thereof, and all other copies required by the rules of court, the sum actually paid for the same;

(c)  All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;

(d)  No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;

(e)  If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;

(f)  The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.

   Sec. 12. Costs when witness fails to appear. -  If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the costs of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was willful or without just excuse. chanrobles virtua law library

   Sec. 13. Costs when person cited for examination in probate proceedings. - When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion, tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.

 

PHILIPPINE JUDICIAL SYSTEM 
Background on the Philippine Judicial System
Philippine Judicial Hierarchy
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Constitutional Provisions on the Judiciary
Rules of Court of the Philippines
Supreme Court Decisions
Supreme Court Circulars
Philippine Law Update:  The Supreme Court & the Judiciary

2006 DIRECTORY OF JUSTICES AND JUDGES 
of the following courts:

PHILIPPINE JUDICIAL SYSTEM
DIRECTORY OF JUSTICES AND JUDGES
 
Supreme Court
Court of Appeals
Sandiganbayan
Court of Tax Appeals
Regional Trial Courts
Metropolitan Trial Courts in Cities
Municipal Trial Courts/Municipal Circuit Courts
Shari'a District Courts
Shari'a Circuit Courts

 

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