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Click here for full text of
ADMINISTRATIVE CIRCULAR NO. 14-2005



This web page features the full text of
Amended Administrative Circular No. 35-2004
   

AMENDED ADMINISTRATIVE CIRCULAR NO. 35-2004


TO: THE SUPREME COURT, COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEAL, REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’A CIRCUIT COURT

SUBJECT: GUIDELINES IN THE ALLOCATION OF THE LEGAL FEES COLLECTED UNDER RULE 141 OF THE RULES OF COURT, AS AMENDED, BETWEEN THE SPECIAL ALLOWANCE FOR THE JUDICIARY FUND AND THE JUDICIARY DEVELOPMENT FUND

Guidelines in the Allocation of Legal Fees:

To implement the provisions of Rule 141 of the Rules of Court, as revised pursuant to A.M. No. 04-2-04-SC dated July 20, 2004, to the effect that all increases in the legal fees shall pertain to the Special Allowances of the Judiciary under Republic Act No. 9227 dated October 31, 2003 and to avoid confusion that may arise in the allocation of the legal fees collected under said rule between the Judiciary Development Fund and the Special Allowance for the Judiciary (SAJ) Fund, the following guidelines are hereby issued:

I. Fund Allocation

 

JDF


SEC. 4. Clerks of Court 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 - P3,000.00

 

 

452.00

 

 

2,548.00

(b) FOR FILING AN ACTION OR PROCEEDING WITH THE COURT OF TAX APPEALS (CTA)

 

 

 

 

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       P750.00

175.00

575.00

B) P50,000.00 OR MORE BUT LESS THAN P200,000.00         1,000.00

965.00

35.00

C) P200,000.00 OR MORE BUT LESS THAN P400,000.00         1,500.00

 

1,425.00

75.00

D) P400,000.00 OR MORE BUT LESS THAN P600,000.00        2,500.00

 

2,425.00

 

75.00

E) P600,000.00 OR MORE BUT LESS THAN P800,000.00         4,000.00

 

3,900.00

 

100.00

F) P800,000.00 OR MORE BUT LESS THAN P1, 000,000.00             

                    5,000.00

 


4,800.00

 


200.00

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



4,800.00



7.00

 200.00 

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



50,300.00

10.00



200.00

 

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

 

1/2 %

I) WHEN THE VALUE OF THE SUBJECT MATTER CANNOT BE ESTIMATED         5,000.00

 

4,800.00

 

 200.00

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

 

 

 

 

 

3,000.00

(c) For the performance of marriage ceremony, including issuance of certificate of marriage - THREE THOUSAND (P3,000.00) PESOS

 

 300.00

 

2,700.00

(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

3.80

30.00

 6.20

70.00

.(e) For every search OF ARCHIVED CASES or those above a year’s standing and reading the same - ONE HUNDRED (P100.00) PESOS

 

14.00

 

86. 00

(f) FOR FILING A MOTION FOR SPECIAL RAFFLE - FIVE HUNDRED (P500.00) PESOS

 

500.00

(g) FOR. FILING A MOTION FOR EXTENSION TO FILE A PLEADING WHEN ALLOWED BY THE RULES - THREE HUNDRED (P300.00) PESOS

 

 

 

300.00

(h) FOR FILING A MOTION FOR POSTPONEMENT - FIVE HUNDRED (P500.00) PESOS

 

 

 

500.00

(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

 

 

 

 

 

 

 

1,000.00

(j) FOR PERSONAL SERVICE OF WRITS, ORDERS AND DECISIONS OUTSIDE METRO MANILA - ONE THOUSAND (P1,000.00) PESOS

 

 

 

1,000.00

(k) FOR PERSONAL REMAND OF RECORDS TO THE LOWER COURTS - FIVE HUNDRED (P500.00) PESOS

 

 

 

500.00

(l) FOR PROCESSING OF TRAVEL PERMIT - ONE THOUSAND (P1,000.00) PESOS

 

 

 

1,000.00

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 -

 

 

 

 

1) Two (2%) per centum on all sums not exceeding FORTY THOUSAND (P40,000.00) PESOS.

 

1 ¼%

 

¾%

2) One and a half (1 1/2%) per centum on all sums in excess of FORTY THOUSAND (P40,000.00) PESOS.

 

¾%

 

¾%

SEC. 5. Fees to be paid by the advancing party. - The fees of the clerk of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals 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.

 

 

 

 

 

JDF

SAJ

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 applicant has failed in the bar examinations;

 



1,950.00

 



300.00

(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;



1,900.00



350.00

(c) Other Bar Fees. - For the issuance of:

1. Certification of admission to the Philippine Bar               P100.00

 

45.00

 

55.00

2. Certificate of good standing (local)                                               

   P 100.00

 

50.00

 

50.00

3. Certificate of good standing (foreign)

   P 500.00

 

100.00

 

400.00

4. Verification of membership in the Bar

   P 100.00

 

49.00

 

51.00

5. Certificate of grades in the Bar examinations               P 100.00

45.00

55.00

6. Other certification of records at the Bar Office, per page      P 50.00

14.00

36.00

7. A duplicate diploma of admission to the Philippine Bar        P 500.00

400 .00

100.00

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)

 

 

30.00

 

 

70.00

          SEC. 7. Clerks of Court of Second Level 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:

 

 

 

 

 

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Less than P100,000.00.........

P 625.00

P 400.00

P 225.00

2. P100,000.00 or more but less than P150,000.00................

1,000.00

650.00

350.00

3. P150,000.00 or more but less than P200,000.00................

1,250.00

800.00

450.00

4. P200,000.00 or more but less than P250,000.00................

1,875.00

1,250.00

625.00

5. P250,000.00 or more but less than P300,000.00.................

2,190.00

1,450.00

740.00

6. P300,000.00 or more but less than P350,000.00.................

2,500.00

1,650.00

850.00

7. P350,000.00 or more but not more than P400,000.00

2,820.00

1,850.00

970.00

8. For each P1,000.00 in excess of P400,000.00 ………………..

12.50

8.00

4.50

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Less than P100,000.00.........

P            750.00

P         400.00

P          350.00

2. P100,000.00 or more but less than P150,000.00.........

1,200.00

650.00

550.00

3. P150,000.00 or more but less than P200,000.00................

1,500.00

800.00

700.00

4. P200,000.00 or more but less than P250,000.00................

2,250.00

1,250.00

1,000.00

5. P250,000.00 or more but less than P300,000.00................

2,630.00

1,450.00

1,180.00

6. P300,000.00 or more but less than P350,000.00.................

3,000.00

1,650.00

1,350.00

7. P350,000.00 or more but not more than P400,000.00.......

3,380.00

1,850.00

1,530.00

8. For each P1,000.00 in excess of P400,000.00..................

15.00

8.00

7.00

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Less than P100,000.00.........

P              875.00

P           400.00

P     475.00

2. P100,000.00 or more but less than P150,000.00................

1,400.00

650.00

750.00

3. P150,000.00 or more but less than P200,000.00.............

1,750.00

800.00

950.00

4. P200,000.00 or more but less than P250,000.00................

2,625.00

1,250.00

1,375.00

5. P250,000.00 or more but less than P300,000.00.................

3,070.00

1,450.00

1,620.00

6. P300,000.00 or more but less than P350,000.00.................

3,500.00

1,650.00

1,850.00

7. P350,000.00 or more but not more than P400.000.00.......

4,000.00

1,850.00

2,150.00

8. For each P1,000.00 in excess of P400,000.00..................

17.50

8.00

9.50

 

Effective Nov. 11, 2006

JDF

SAJ

1. Less than P100,000.00.........

P           1,000.00

P             400.00

P         600.00

2. P100,000.00 or more but less than P150,000.00................

1,600.00

650.00

950.00

3. P150,000.00 or more but less than P200,000.00................

2,000.00

800.00

1,200.00

4. P200,000.00 or more but less than P250,000.00................

3,000.00

1,250.00

1,750.00

5. P250,000.00 or more but less than P300,000.00.................

3,500.00

1,450.00

2,050.00

6. P300,000.00 or more but less than P350,000.00.................

4,000.00

1,650.00

2,350.00

7. P350,000.00 or more but not more than P400,000.00........

4,500.00

1,850.00

2,650.00

8. For each P1,000.00 in excess of P400,000.00..................

20.00

8.00

12.00

 

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).

(b) For filing:

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Actions where the value of the subject matter cannot be estimated..........

P  750.00

P 400.00

P 350.00

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

568.00

182.00

3. All other actions not involving property.........................

750.00

568.00

182.00

 

 

 

 

 

November 11, 2004 to November 10, 2005

JDF

SAJ

1. Actions where the value of the subject matter cannot be estimated..........

P 1,000.00

P 400.00

P 600.00

2. Special civil actions, except judicial foreclosure of mortgage, EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by paragraph (a) above..........

1,000.00

568.00

432.00

3. All other actions not involving property........................

1,000.00

568.00

432.00

 

 

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Actions where the value of the subject matter cannot be estimated..........

P 1,500.00

P 400.00

P 1,100.00

2. Special civil actions, except judicial foreclosure of mortgage, EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by paragraph (a) above...........

1,500.00

568.00

932.00

3. All other actions not involving property

1,500.00

568.00

932.00

 

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Actions where the value of the subject matter cannot be estimated..........

P 2,000.00

P 400.00

 

P 1,600.00

 

2. Special civil actions, except judicial foreclosure of mortgage, EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by paragraph (a) above.........

2,000.00

568.00

1,432.00

3. All other actions not involving property........................

2,000.00

568.00

1,432.00

(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:

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Less than P50,000.00...........

P 350.00

P 275.00

P 75.00

2. P50,000.00 or more but less than  P100,000.00...........

500.00

400.00

100.00

3. P100,000.00 or more but less than P150,000.00...........

625.00

500.00

125.00

4. P150,000.00 or more but. less than P200,000.00...........

820.00

650.00

170.00

5. P200,000.00 or more but less than P250,000.00...........

1,250.00

1,000.00

250.00

6. P250,000.00 or more but less than P300,000.00...........

1,570.00

1250.00

320.00

7. P300,000.00 or more but less than P400,000.00....

1,875.00

1,500.00

375.00

8. P400,000.00 or more but less than P500,000.00.............

2,190.00

1,750.00

440.00

9. P500,000.00 or more but not more than P1,000,000. 00.......

2,500.00

2,000.00

500.00

10. For each P1,000.00 in excess of P1,000,000.00.......

12.50

10.00

2.50

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Less than P50,000.00...........

P 420.00

P 275.00

P 145.00

2. P50,000.00 or more but less than P100,000.00...........

600.00

400.00

200.00

3. P100,000.00 or more but less than P150,000.00...........

750.00

500.00

250.00

4. P150,000.00 or more but less than P200,000.00...........

975.00

650.00

325.00

5. P200,000.00 or more but less than P250,000.00...........

1,500.00

1,000.00

500.00

6. P250,000.00 or more but less than P300,000.00..........

1,875.00

1250.00

625.00

7. P300,000.00 or more but less than P400,000.00.....

2,250.00

1,500.00

750.00

8. P400,000.00 or more but less than P500,000.00.............

2,630.00

1,750.00

880.00

9. P500,000.00 or more but not more than P1,000,000.00....

3,000.00

2,000.00

1,000.00

10. For each P1,000.00 in excess of P1,000,000.00.......

15.00

10.00

5.00

 

 

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Less than P50,000.00...........

P 490.00

P 275.00

P 215.00

2. P50,000.00 or more but less than P100,000.00...........

700.00

400.00

300.00

3. P100,000.00 or more but less than P150,000.00...........

875.00

500.00

375.00

4. P150,000.00 or more but less than P200,000.00...........

1,140.00

650.00

490.00

5. P200,000.00 or more but less than P250,000.00...........

1,750.00

1,000.00

750.00

6. P250,000.00 or more but less than P300,000.00...........

2,190.00

1,250.00

940.00

7. P300,000.00 or more but less than P400,000.00....

2,625.00

1,500.00

1,125.00

8. P400,000.00 or more but less than P500,000.00.............

3,070.00

1,750.00

1,320.00

9. P500,000.00 or more but not more than P1,000,000.00........

3,500.00

2,000.00

1,500.00

10. For each P1,000.00 in excess of P1,000,000.00.......

17.50

10.00

7.50

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Less than P50,000.00...........

P 550.00

P 275.00

P 275.00

2. P50,000.00 or more but less than  P100,000.00...........

800.00

400.00

400.00

3. P100,000.00 or more but less than P150,000.00...........

1,000.00

500.00

500.00

4. P150,000.00 or more but less than P200,000,00...........

1,300.00

650.00

650.00

5. P200,000.00 or more but less than P250,000.00...........

2,000.00

1,000.00

1,000.00

6. P250,000.00 or more but less than P300,000.00...........

2,500.00

1,250.00

1,250.00

7. P300,000.00 or more but less than P400,000.00....

3,000.00

1,500.00

1,500.00

8. P400,000.00 or move but less than P500,000.00............

3,500.00

1,750.00

1,750.00

9. P500,000.00 or more but not more than P1,000,000.00.......

4,000.00

2,000.00

2,000.00

10. For each P1,000.00 in excess of P1,000,000.00.......

20.00

10.00

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:

 

From effectivity  to Nov. 10, 2004

JDF

SAJ

1 Not more than P100,000.00...

P          2,000.00

P     1,410.00

P              590.00

2. More than P100,000.00 but less than P150,000.00...........

2,500.00

1,410.00

1,090.00

3, P150,000.00 or more but less than P200,000.00...........

2,820.00

1,610.00

1,210.00

4. P200,000.00 or more but less than P250,000.00...........

3,125.00

1,810.00

1,315.00

5. P250,000.00 or more but less than P300,000.00...........

3,440.00

2,010.00

1,430.00

6. P300,000.00 or more but less than P350,000.00...........

3,750.00

2,210.00

1,540.00

7. P350,000.00 or more but not more than P400,000.00....

4,070.00

2,410.00

1,660.00

8. For each P1,000.00 in excess of P400,000.00..................

12.50

9.00

3.50

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1 Not more than P100,000.00...

P          2,500.00

P     1,410.00

P     1,090.00

2. More than P100,000.00 but less than P150,000.00...........

3,000.00

1,410.00

1,590.00

3. P150,000.00 or more but less than P200,000.00...........

3,400.00

1,610.00

1,790.00

4. P200,000.00 or more but less than P250,000.00...........

3,750.00

1,810.00

1,940.00

5. P250,000.00 or more but less than P300,000.00...........

4,125.00

2,010.00

2,115.00

6. P300,000.00 or more but less than P350,000.00...........

4,500.00

2,210.00

2,290.00

7. P350,000.00 or more but not more than P400,000.00....

4,875.00

2,410.00

2,465.00

8. For each P1,000.00 in excess of P400,000.00..................

15.00

9.00

6.00

 

 

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Not more than P100,000.00...

P 3,000.00

P 1,410.00

P 1,590.00

2. More than P100,000.00 but less than P150,000.00...........

3,500.00

1,410.00

2,090.00

3. P150,000.00 or more but less than P200,000.00...........

4,100.00

1,610.00

2,490.00

4. P200,000.00 or more but less than P250,000.00...........

4,375.00

1,810.00

2,565.00

5. P250,000.00 or more but less than P300,000.00...........

4,820.00

2,010.00

2,810.00

6. P300,000.00 or more but less than P350,000.00...........

5,250.00

2,210.00

3,040.00

7. P350,000.00 or more but not more than  400,000.00....

5,690.00

2,410.00

3,280.00

8. For each P1,000.00 in excess of P400,000....................

17.50

9.00

8.50

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Not more than P100,000.00...

P 3,500.00

P 1,410.00

P 2,090.00

2. More than P100,000.00 but less than P150,000.00

4,000.00

1,410.00

2,590.00

3. P150,000.00 or more but less than P200,000.00...........

4,700.00

1,610.00

3,090.00

4. P200,000.00 or more but less than P250,000.00...........

5,000.00

1,810.00

3,190.00

5. P250,000.00 or more but less than P300,000.00...........

5,500.00

2,010.00

3,490.00

6. P300,000.00 or more but less than P350,000.00...........

6,000.00

2,210.00

3,790.00

7. P350,000.00 or more but not more than P400,000.00....

6,500.00

2,410.00

4,090.00

8. For each P1,000.00 in excess of P400,000.00.................

20.00

9.00

11.00

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.

 

JDF

SAJ

(e) For filing petitions for naturalization or other modes of acquisition of citizenship, TEN THOUSAND (P10,000.00) PESOS;

1,968.00

8,032.00

(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 FOLLOWS:

 

 

(1) WHEN PETITIONER FOR ADOPTION IS A FILIPINO CITIZEN, TWO THOUSAND (P2,000.00) PESOS;



168.00



1,832.00

(2) WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL, TEN THOUSAND (P10,000.00) PESOS;



168.00



9,832.00

(3) SUPPORT, FIVE HUNDRED (P500.00) PESOS;

 

500.00

(4) ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE, OR LEGAL SEPARATION, THREE THOUSAND (P3,000.00) PESOS; AND



168.00



2,832.00

(5) CUSTODY OF MINORS, ONE THOUSAND (P 1,000.00) PESOS;


168.00


832.00

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;



168.00



332.00

(h) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage:





1) TWO THOUSAND (P2,000.00) PESOS in cities; and


300.00


1,700.00

2) ONE THOUSAND (P1,000.00) PESOS in other areas;


300.00


700.00

(i) For filing an application for commission as notary public, TWO THOUSAND (P2,000.00) PESOS;


468.00


1,532.00

(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, TEN (P10.00) PESOS;



3.60



6.40

(k) For a commission on all money (excluding cash bond) coming into the clerk’s hands by law, rule, order or writ of court:





1) TWO (2%) per centum on all sums not exceeding FORTY THOUSAND (P40,000.00) PESOS;



1%



1%

 

2) ONE AND A HALF (1.5%) per centum on all sums in excess of FORTY THOUSAND (P40,000.00) PESOS;

 

¾%

 

¾%

(l) FOR APPEALS FROM REGIONAL TRIAL COURTS TO COURT OF APPEALS, SANDIGANBAYAN, OR SUPREME COURT - THREE THOUSAND (P3,000.00) PESOS;

 

 

 

 

 

 

 

 

3,000.00

 

(m) FOR FILING A MOTION FOR 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 AND OTHERS - AN ADDITIONAL FIVE HUNDRED (P500.00) PESOS SHALL BE COLLECTED;

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

500.00

 

 

(n) FOR CLEARANCES AND CERTIFICATIONS ISSUED - FIFTY (P50.00) PESOS;

15.00 

35.00

(o) FOR SERVICES PERFORMED AS EX-OFFICIO NOTARY PUBLIC - TWO HUNDRED (P200.00) PESOS;

 

 

 

 

 

 

200.00

 

(p) For any other service as clerk not provided in this section, TWO HUNDRED (P200.00) PESOS shall be collected.

 

150.00

 

50.00





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:

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1 .Not more than P20,000.00.....

P 190.00

P 90.00

P 100.00

2. More than P20,000.00 but not more than P100,000.00........

625.00

300.00

325.00

3. More than P100,000.00 but not more than P200,000.00........

1,570.00

893.00

677.00

4. More than P200,000.00 but not more than P300,000.00....

2,190.00

1,230.00

960.00

5. More than P300,000.00 but not more than P400,000.00.......

3,125.00

1,850.00

1,275.00

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Not more than P20,000.00.....

P 225.00

P 90.00

P 135.00

2. More than P20,000.00 but not more than P100,000.00........

750.00

300.00

450.00

3. More than P100,000.00 but not more than P200,000.00........

1,875.00

893.00

982.00

4. More than P200,000.00 but not more than P300,000.00........

2,630.00

1,230.00

1,400.00

5. More than P300,000.00 but not more than P400,000.00........

3,750.00

1,850.00

1,900.00

 

 

 

 

 

  Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Not more than P20,000.00.....

P 270.00

P 90.00

P 180.00

2. More than P20,000.00 but not more than P100,000.00........

875.00

300.00

575.00

3. More than P100,000.00 but not more than P200,000.00........

2,190.00

893.00

1,297.00

4. More than P200,000.00 but not more than P300,000.00........

3,070.00

1,230.00

1,840.00

5. More than P300,000.00 but not more than P400,000.00........

4,375.00

1,850.00

2,525.00

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Not more than P20,000.00.....

P 300.00

P 90.00

P 210.00

2. More than P20,000.00 but not more than P100,000.00........

1,000.00

300.00

700.00

3. More than P100,000.00 but not more than P200,000.00........

2,500.00

893.00

1,607.00

4. More than P200,000.00 but not more than P300,000.00........

3,500.00

1,230.00

2,270.00

5. More than P300,000.00 but not more than P400,000.00........

5,000.00

1,850.00

3,150.00






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.

(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:

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Not more than P20,000.00..

P 320.00

P 190.00

P 130.00

2. More than P20,000.00 but not more than P100,000.00.........

1,690.00

810.00

880.00

3. More than P100,000. 00 but not more than P200,000.00........

2,500.00

1,302.50

1,197.50

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

200.00

50.00

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Not more than P20,000.00..

P 375.00

P 190.00

P 185.00

2. More than P20,000.00 but not more than P100,000.00.....

2,025.00

810.00

1,215.00

3. More than P100,000.00 but not more than P200,000.00.......

3,000.00

1,302.50

1,697.50

4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value...........

300.00

200.00

100.00

 

 

 

 

 

Nov. 11, 2005 to Nov.10, 2006

JDF

SAJ

1. Not more than P20,000.00.....

P 440.00

P 190.00

P 250.00

2. More than P20,000.00 but not more than P100,000.00.........

2,370.00

810.00

1,560.00

3. More than P 100,000.00 but not more than P200,000.00........

3,500.00

1,302.50

2,197.50

4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value......

350.00

200.00

150.00

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Not more than P20,000.00...

P 500.00

P 190.00

P 310.00

2. More than P20,000.00 but not more than P100,000.00.........

2,700.00

810.00

1,890.00

3. More than P100,000.00 but not more than P200,000.00........

4,000.00

1,302.50

2,697.50

4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value...........

400.00

200.00

200.00

 

 

 

 

JDF

SAJ

(c) For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTS ARE PRAYED FOR, FIVE HUNDRED (P500.00) PESOS; AND



140.00



360.00

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.

 

 

 

 

 

 

 

500.00

(d) FOR ALL OTHER ACTIONS NOT COVERED BY PRECEDING PARAGRAPHS:

From effectivity to Nov. 10, 2004

JDF

SAJ

400.00

- - -

P400.00

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

P500.00

- - -

P500.00

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

P 600.00

- - -

P 600.00

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

P700.00

- - -

P700.00

 

 

 

 

JDF

SAJ

(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 FIFTY (P250.00) PESOS SHALL BE COLLECTED;


250.00

(f) For appeals in all actions or proceedings, including forcible entry and unlawful detainer cases, taken from the courts of first level and petitions to the 2nd level courts - ONE THOUSAND (P1,000.00) PESOS;



180.00



820.00

(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;



298.00
298.00



1,702.00
702.00

(h) For taking affidavit, ONE HUNDRED (P100.00) PESOS;


24.00


76.00

(i) For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;


28.50


171.50

(j) For taking and certifying depositions, including oaths, per page, TWENTY (P20.00) PESOS;



7.60



12.40

(k) For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRY THEREOF FOR EACH PAGE, TEN (P10.00) PESOS;



9.60



0.40

(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;



28.00



22.00

(m) For services performed as ex-officio notary public - ONE HUNDRED (P100.00) PESOS;

 



100.00

(n) FOR A COMMISSION ON ALL MONEY (EXCLUDING CASH BOND) COMING INTO THE CLERK’S HANDS BY LAW, RULE, ORDER OR WRIT OF COURT:

 



1) TWO (2%) PER CENTUM ON ALL SUMS NOT EXCEEDING FORTY THOUSAND (P40,000.00) PESOS; AND

 



2%

2) ONE AND A HALF (1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTY. THOUSAND (P40,000.00) PESOS;

 



1 1/2 %

(o) For clearances and certifications issued -FIFTY (P50.00) PESOS;

 

9.60

 

40.40

(p) FOR ANY OTHER SERVICE AS CLERK NOT PROVIDED IN THIS SECTION, ONE HUNDRED (P100.00) PESOS SHALL BE COLLECTED.

 

 

100.00

SEC. 9. MEDIATION FEES.

A. Trial Courts. -

The Clerks of Court of the First and Second Level Courts shall collect the amount of FIVE HUNDRED (P500.00) PESOS (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 Book Two of the Revised Penal Code.

The Clerks of Court of the First Level Courts shall collect the amount of FIVE HUNDRED (P500.00) PESOS upon the filing of a Notice of Appeal to the Regional Trial Court.

The Clerks of Court of the Regional Trial Courts shall collect the amount of ONE THOUSAND (P1,000.00) PESOS upon the filing of a Notice of Appeal to the Court of Appeals or the Sandiganbayan.

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 (P1,000.00) PESOS 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 (P1,000.00) PESOS for the appeals from the decision of a CTA Division to the CTA En Banc.

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.

 

 

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

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.

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.

SEC. 10. Sheriffs, PROCESS SERVERS and other persons serving processes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(a) For serving summons and copy of complaint, for each defendant. TWO HUNDRED (P200.00) PESOS;



56.00



144.00

(b) For serving subpoenas in civil action or OTHER proceedings, for each witness to be sewed, ONE HUNDRED (P100.00) PESOS;



23.60



76.40

(c) For executing a writ of attachment against the property of defendant, FIVE HUNDRED (P500.00) PESOS per defendant;



56.00



444.00

(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;



60.00



240.00

(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;



60.00



440.00

(I) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;



49.00



51.00

(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;



146.00



154.00

(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;

 



73.00

 chanroblesvirtualawlibrary

77.00

(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;

 

 

 

150.00

 

 

 

150.00

(j) For levying on execution on personal or real property, THREE HUNDRED (P300.00) PESOS;

 

 

71.00

 

 

229.00

(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED (P100.00) PESOS;

 

 

30.00

 

 

70.00

(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:

 

 
 

(1) On the first FOUR THOUSAND (P4,000.00) PESOS, FIVE AND A HALF (5.5%) per centum;

4%

 

 

1 1/2%

 

 

(2) On all sums in excess of FOUR THOUSAND (P4,000.00) PESOS, THREE (3%) per centum;

2%

 

 

1%

 

 

IN ADDITION TO THE FEES ABOVE FIXED, THE AMOUNT OF ONE THOUSAND (P1,000.00) PESOS SHALL BE DEPOSITED WITH THE CLERK OF COURT UPON FILING OF TFIE 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.

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 PURCHASE OF A POSTAL MONEY ORDER TO COVER THE ACTUAL EXPENSES OF THE SERVING SHERIFF.

With regard to sheriffs 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 sheriffs expenses shall be taxed as costs against the judgment debtor.

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

 

 

 

 

 

 

 

 



 

Before the appeal - P10.00 per page of not less than 250 words

 

1/3

 

_ _ _

After the appeal - P5.00 for the same

 

1/3

 

_ _ _

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;

(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 (PI 00.00) PESOS; and

(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00) PESOS. (11 a)

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.

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.

 

 

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 as such appraisers may likewise be allowed and paid out of the estate.

SEC. 16. Fees of commissioners in eminent domain proceedings. - The commissioners appointed to appraise land sought to be condemned for public use 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 part of the costs of the proceedings.

SEC. 17. Fees of commissioners in the proceedings for partition of real estate. -- The commissioners appointed to make a 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 part of the costs of the proceedings.

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 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 others interested therein.

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 A MOUNT 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.

The legal fees shall be a lien on any judgment rendered in the case favorable 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 fair market 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.

Any falsity in the affidavit of the 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 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. 21. Other fees. - The following fees shall also bee collected by the clerks of Court of the Regional Trial Courts or of courts of the first level, as the case may be:

(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:

 

 

 

 

 

 

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Less than P100,000.00.........

P           625.00

P      500.00

P      125.00

2. P100,000.00 or more but less than P150,000.00...........

1,000.00

800.00

200.00

3. P150,000.00 or more but less than P200,000.00...........

1,250.00

1,000.00

250.00

4. P200,000.00 or more but less than P250,000.00...........

1,875.00

1,500.00

375.00

5. P250,000.00 or more but less than P300,000.00.................

2,190.00

1,750.00

440.00

6. P300,000.00 or more but less than P350,000.00...........

2,500.00

2,000.00

500.00

7. P350,000.00 or more but not more than P400, 000. 00....

2,820.00

2,250.00

570.00

8. For each P1,000.00 in excess of P400,000.00.......................

12.50

10.00

2.50

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Less than P100,000.00.........

P 750.00

P 500.00

P 250.00

2. P100,000.00 or more but less than P150,000.00...........

1,200.00

800.00

400.00

3 P150,000.00 or more but less than P200,000.00...........

1,500.00

1,000.00

500.00

4. P200,000.00 or more but less than P250,000.00...........

2,250.00

1,500.00

750.00

5. P250,000.00 or more but less than P300,000.00.................

2,630.00

1,750.00

880.00

6. P300,000.00 or more but less than P350,000.00...........

3,000.00

2,000.00

1,000.00

7. P350,000.00 or more but not more than P400,000.00....

3,400.00

2,250.00

1,150.00

8. For each P1,000.00 in excess of P400,000.00.....................

15.00

10.00

5.00

 

 

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1. Less than P100,000.00.........

P 875.00

P 500.00

P 375.00

2. P100,000. 00 or more but less than P150,000.00......................

1,400.00

800.00

600.00

3. P150,000. 00 or more but less than P200,000.00......................

1,750.00

1,000.00

750.00

4. P200,000.00 or more but less than P250,000.00.......................

2,625.00

1,500.00

1,125.00

5. P250,000.00 or more but less than P300,000.00..................

3,070.00

1,750.00

1,320.00

6. P300,000.00 or more but less than P350,000.00.......................

3,500.00

2,000.00

1,500.00

7. P350,000.00 or more but not more than P400,000.00..........

4,100.00

2,250.00

1,850.00

8. For each P1,000.00 in excess of P400,000.00.......................

17.50

10.00

7.50

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Less than P100,000.00.........

P 1,000.00

P 500.00

P 500.00

2. P100,000.00 or more but less than P150,000.00...........

1,600.00

800.00

800.00

3. P150,000. 00 or more but less than P200,000.00...........

2,000.00

1,000.00

1,000.00

4. P200,000.00 or more but less than P250,000.00...........

3,000.00

1,500.00

1,500.00

5. P250,000.00 or more but less than P300,000.00.................

3,500.00

1,750.00

1,750.00

6. P300,000.00 or more but less than P350,000.00...........

4,000.00

2,000.00

2,000.00

7. P350,000.00 or more but not more than P400,000.00....

4,700.00

2,250.00

2,450.00

8. For each P1,000.00 in excess of P400,000.00

20.00

10.00

10.00

 

 

 

 

 

JDF

SAJ

(b) For motions for postponement (whether verbal or written) after completion of the pre-trial stage:

 

 

 

 

1) 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.

 

100.00

50.00

 

100.00

 

2) For any other motion, TWO HUNDRED (P200.00) PESOS;

 

 

200.00

(c) For ALL TYPES OF bonds (cash, surety and property) in criminal and civil cases, FIVE HUNDRED” (P500.00) PESOS per each bond;

 

300.00

 

 

200.00

 

(d) For entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;

 

300.00

 

200.00 

(e) FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED (P500.00) PESOS;

 

 

500.00

(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 THE 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;

 

 

 

 

 

 

 

1,000.00

(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.

 

 

 

 

 

 

3,000.00

1,500.00

 

 

(h) FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES OF VOTERS, ONE HUNDRED (P100.00) PESOS;

 

 

100.00






(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:

 

From effectivity to Nov. 10, 2004

JDF

SAJ

1. Less than P10,000,000.00

P 12,500.00

10,000.00

2,500.00

2. P10,000,000.00 or more but less than P20,000,000.00........

25,000.00

20,000.00

5,000.00

3. P20,000,000.00 or more but less than P30,000,000.00........

37,500.00

30,000.00

7,500.00

4. P30,000,000.00 or more but less than P40,000,000.00.......

50,000.00

40,000.00

10,000.00

5. P40,000,000.00 or more but less than P50,000,000.00........

62,500.00

50,000.00

12,500.00

6. P50,000,000.00 or more but less than P60,000,000.00........

75,000.00

60,000.00

15,000.00

7. P60,000,000. 00 or more but less than P70,000,000.00.....

87,500.00

70,000.00

17,500.00

8. P70,000.000.00 or more but less than P80,000,000.00.......

100,000.00

80,000.00

20,000.00

9. P80,000,000.00 or more but less than P90,000,000.00.......

112,500.00

90,000.00

22,500.00

10. P90,000.000.00 or more but not more than P100,000,000.00.....

125,000.00

100,000.00

25,000.00

11. For each P10,000.00 in excess of P100,000,000.00................

12.50

10.00

2.50

 

 

 

 

 

Nov. 11, 2004 to Nov. 10, 2005

JDF

SAJ

1. Less than P10,000,000.00......

P 15,000.00

10,000.00

5,000.00

2. P10,000,000.00 or more but less than P20,000,000.00........

30,000.00

20,000.00

10,000.00

3. P20,000,000.00 or more but less than P30,000.000.00........

45,000.00

30,000.00

15,000.00

4. P30,000,000.00 or more but less than P40,000.000.00.......

60,000.00

40,000.00

20,000.00

5. P40,000,000.00 or more but less than P50,000,000.00..

75,000.00

50,000.00

25,000.00

6. P50,000,000.00 or more but less than P60,000,000.00........

90,000.00

60,000.00

30,000.00

7. P60,000,000.00 or more but less than P70,000,000.00.....

105,000.00

70,000.00

35,000.00

8. P70,000,000.00 or more but less than P80,000,000.00.......

120,000.00

80,000.00

40,000.00

9. P80,000,000.00 or more but less than P90, 000,000.00

135,000.00

90,000.00

45,000.00

10. P90,000,000.00 or more but not more than P100,000,000.00....

150,000.00

100,000.00

50,000.00

11. For each P10,000.00 in excess of P100,000,000.00.................

15.00

10.00

5.00

 

 

 

 

 

Nov. 11, 2005 to Nov. 10, 2006

JDF

SAJ

1Less than P10,000,000.00......

P 17,500.00

10,000.00

7,500.00

2. P10,000,000. 00 or more but less than P20,000,000.00........

35,000.00

20,000.00

15,000.00

3. P20,000,000.00 or more but less than P30,000,000.00........

52,500.00

30,000.00

22,500.00

4. P30,000,000.00 or more but less than P40,000,000.00.......

70,000.00

40,000.00

30,000.00

5. P40,000,000.00 or more but less than P50,000,000.00........

87,500.00

50,000.00

37,500.00

6. P50,000,000.00 or more but less than P60,000,000.00........

105,000.00

60,000.00

45,000.00

7. P60,000,000.00 or more but less than P70,000,000.00.....

122,500.00

70,000.00

52,500.00

8. P70,000,000.00 or more but less than P80,000,000.00.......

140,000.00

80,000.00

60,000.00

9. P80,000,000.00 or more but less than P90,000,000.00.......

157,500.00

90,000.00

67,500.00

10. P90,000,000.00 or more but not more than P100,000,000.00....

175,000.00

100,000.00

75,000.00

11. For each P10,000.00 in excess of P100,000,000.00

17.50

10.00

7.50

 

 

 

 

 

Effective Nov. 11, 2006

JDF

SAJ

1. Less than P10,000,000.00......

P 20,000.00

10,000.00

10,000.00

2. P10,000,000.00 or more but less than P20,000,000.00........

40,000.00

20,000.00

20,000.00

3. P20,000,000.00 or more but less than P30,000,000.00........

60,000.00

30,000.00

30,000.00

4. P30,000,000.00 or more but less than P40,000,000.00.......

80,000.00

40,000.00

40,000.00

5. P40,000,000.00 or more but less than P50,000.000.00........

100,000.00

50,000.00

50,000.00

6. P50,000,000.00 or more but less than P60,000,000.00........

120,000.00

60,000.00

60,000.00

7. P60,000,000.00 or more but less than P70,000,000.00.....

140,000.00

70,000.00

70,000.00

S. P70,000,000.00 or more but less than P80,000,000.00.......

160,000.00

80,000.00

80,000.00

9. P80,000,000.00 or more but less than P90,000,000.00.......

180,000.00

90,000.00

90,000.00

10. P90,000,000.00 or more but not more than P100,000,000.00....

200,000.00

100,000.00

100,000.00

11 For each P10,000.00 in excess of P100,000,000.00..............

20.00

10.00

10.00

 

 

 

 

JDF

SAJ

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.

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.

 

 

 

 

 

 

 

 

 

 

 

(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;

 

 

 

300.00

(k) For petitions for insolvency or other cases involving intra-corporate controversies, the fees prescribed under letter a, section 7 shall apply.

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.

 

 

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)

PROCEDURAL GUIDELINES

I.   Judiciary Development Fund

Establishment of the Fund. - The Judiciary Development Fund, hereinafter referred to as the Fund is intended to benefit the members and personnel of the Judiciary to further ensure and guarantee the independence of the Judiciary as mandated by the Constitution. The Fund shall be derived from, among others, the increase in legal fees prescribed in the amendments to Rule 141 of the Rules of Court, which became effective on October 1, 1984. The fund shall be used to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities. At least eighty percent (80%) of the Fund shall be used for cost of living allowances, and not more than twenty percent (20%) of the said Fund shall be used for office equipment and facilities of the Court located where the legal fees are collected. The aforesaid allowances of the members and personnel of the Judiciary shall be distributed in proportion to their basic salaries, with bigger allowances being granted to those receiving a basic salary of less than P1,000.00 a month. (Section 1, Presidential Decree No. 1949)

The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursement and expenditures of the Fund in accordance with Presidential Decree No. 1949 and its implementing rules and regulations.  (Section 2, P.O. No. 1949)

1. Duty of the Clerks of Court, Officers-in-Charge or Accountable Officers. - The Clerks of Court, Officers-in-Charge in the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefore, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.

2. Depository Bank for the Fund. - The amounts accruing to the Fund shall be deposited for the account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court or Officers-in-Charge of the Office of the Clerk of Court in an authorized government depository bank. The income or interest earned shall likewise form part of the Fund. For this purpose, the depository bank for the Fund shall be the LAND BANK OF THE PHILIPPINES (LBP) or its branches. In the absence of a LBP Branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA), can be purchased from the Local Post Office and sent to the latter for deposit to the JDF Savings Account.

In cases of remittances through PMOs, Clerks of Courts/Accountable Officers are directed to check the entries on the PMO as to (a) date (staled PMOs should not be remitted); (b) amount in words and figures; and (c) signature of the Postmaster, to avoid inconveniences.

3. Systems and Procedures. -

a) In the Supreme Court. - The Collecting and Disbursing officer of the Supreme Court shall, unless otherwise authorized by the Chief Justice, deposit daily all collections accruing to the Fund with the LBP main office “For the account of the Judiciary Development Fund, Supreme Court, Manila - SAVINGS ACCOUNT No. 0591-0116-34.

b) In the Court of Appeals, Sandiganbayan and Court of Tax Appeals. - The respective collecting officers in these courts shall deposit daily their collections accruing to the Fund in the aforementioned SAVINGS ACCOUNT with the LBP for the account of the JUDICIARY DEVELOPMENT FUND, Supreme Court, Manila, furnishing the Chief, Fiscal Management and Budget Office (FMBO) of the Supreme Court the notice of such deposits.

c) In the RTC, MeTC, MTCC, MTC, MCTC, SDC AND SCC. - The daily collections for the Fund in these courts shall be deposited everyday with the nearest LBP branch in the savings account opened by said courts for the account of the Judiciary Development Fund. PROPER ARRANGEMENT, HOWEVER, MUST BE MADE BY THE CLERK OF COURT WITH THE LBP THAT THERE SHOULD BE AN AUTOMATIC DAILY FUND TRANSFER FROM THE BRANCH ACCOUNT TO THE MOTHER SUPREME COURT ACCOUNT - THE JUDICIARY DEVELOPMENT FUND, SUPREME COURT, MANILA - SAVINGS ACCOUNT NO. 0591-0116-34.

FOR THE BRANCH ACCOUNTS, IT SHOULD BE IN THE NAME OF THE COURT, THE COURT STATION, THE BRANCH AND THE JDF. EXAMPLE: - RTC-MANILA BR. 24 - JDF.

A separate set of official receipts shall be used for the collections for the Fund. The official receipt issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, “JDF”, followed immediately by the description of the kind and nature of the collection. Official receipts for the Fund shall be provided by the Supreme Court.

II. SPECIAL ALLOWANCE FOR THE JUDICIARY FUND

ESTABLISHMENT OF THE FUND. - UNDER REPUBLIC ACT NO. 9227, APPROVED ON 03 OCTOBER 2003, ALL JUSTICES, JUDGES AND ALL OTHER POSITIONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES OF THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL COURT AS AUTHORIZED UNDER EXISTING LAWS SHALL BE GRANTED SPECIAL ALLOWANCES EQUIVALENT TO ONE HUNDRED PERCENT (100%) OF THE BASIC MONTHLY SALARY SPECIFIED FOR THEIR RESPECTIVE SALARY GRADES UNDER REPUBLIC ACT NO. 6758, AS AMENDED, OTHERWISE KNOWN AS THE SALARY STANDARDIZATION LAW, TO BE IMPLEMENTED FOR A PERIOD OF FOUR (4) YEARS.

THE AMOUNT NECESSARY TO IMPLEMENT THE ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES GRANTED UNDER THIS ACT SHALL BE SOURCED FROM, AND CHARGED AGAINST, THE LEGAL FEES ORIGINALLY PRESCRIBED, IMPOSED AND COLLECTED UNDER RULE 141 OF THE RULES OF COURT PRIOR TO THE PROMULGATION OF THE AMENDMENTS UNDER PRESIDENTIAL DECREE NO. 1949 DATED JULY 18, 1984, AND FROM THE INCREASES IN CURRENT FEES AND NEW FEES WHICH MAY BE IMPOSED BY THE SUPREME COURT AFTER THE EFFECTIVITY OF THIS ACT.

IF THE COLLECTIONS FROM ANY INCREASE IN CURRENT FEES AND ANY NEW FEES IMPOSED AFTER THE EFFECTIVITY OF THIS ACT EXCEED THE AMOUNT NEEDED TO FUND THE SPECIAL ALLOWANCES GRANTED TO JUSTICES, JUDGES AND ALL OTHER POSITIONS IN THE JUDICIARY WITH THE EQUIVALENT RANK OF JUSTICES OF THE COURT OF APPEALS AND JUDGES OF THE REGIONAL TRIAL COURT AS. AUTHORIZED UNDER EXISTING LAWS, THE SURPLUS MAY BE USED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO GRANT ADDITIONAL ALLOWANCES EXCLUSIVELY TO. OTHER COURT PERSONNEL NOT COVERED. BY THE BENEFITS GRANTED UNDER THIS ACT.

CONTINUANCE AND NON-DIMINUTION OF BENEFITS UNDER THE JUDICIARY DEVELOPMENT FUND. -

THE EXISTING ALLOWANCES AND OTHER FRINGE BENEFITS, IF ANY, OF THE MEMBERS AND PERSONNEL OF THE JUDICIARY WHICH ARE CURRENTLY PAID OR AUGMENTED CHARGEABLE AGAINST THE INCREASE IN THE RATES OF THE LEGAL FEES PRESCRIBED IN THE AMENDMENTS TO THE RULE 141 OF THE RULES OF COURT WHICH ACCRUE TO THE JUDICIARY DEVELOPMENT FUND ESTABLISHED UNDER SECTION 1 OF PRESIDENTIAL DECREE NO. 1949 SHALL ALL CONTINUE TO BE FUNDED AND PAID CHARGEABLE AGAINST SAID DEVELOPMENT FUND, AND IN NO CASE SHALL THESE BE STOPPED OR DISCONTINUED BY REASON OF THE IMPLEMENTATION OF THIS ADDITIONAL COMPENSATION.

1) DUTY OF THE CLERKS OF COURT, OFFICERS-IN-CHARGE OR A CCOUNTABLE OFFICERS.

THE CLERKS OF COURT, OFFICERS-IN-CHARGE IN THE OFFICE OF THE CLERK OF COURT, OR THEIR DULY AUTHORIZED ACCOUNTABLE OFFICERS DESIGNATED BY THEM IN WRITING, SHALL RECEIVE THE SPECIAL ALLOWANCE FOR THE JUDICIARY (SAJ) COLLECTIONS ISSUE THE PROPER RECEIPTS THEREFOR, MAINTAIN A SEPARATE CASH BOOK PROPERLY MARKED “CASHBOOK FOR SPECIAL ALLOWANCE FOR THE JUDICIARY FUND,” DEPOSIT SUCH COLLECTIONS IN THE MANNER HEREIN PRESCRIBED AND RENDER THE PROPER MONTHLY REPORT OF COLLECTIONS AND DEPOSITS FOR SAID FUND.

2) DEPOSITORY BANK FOR SAJ FUND.

THE AMOUNTS ACCRUING SHALL BE DEPOSITED FOR THE ACCOUNT OF “SPECIAL ALLOWANCE FOR THE JUDICIARY FUND” OR “SAJ FUND” BY THE CLERKS OF COURT, OFFICERS-IN-CHARGE OF THE OFFICE OF THE CLERK OF COURT OR ACCOUNTABLE OFFICERS IN AN AUTHORIZED DEPOSITORY BANK FOR THIS PURPOSE, THE DEPOSITORY BANK FOR SAID ACCOUNT SHALL BE THE LAND BANK OF THE PHILIPPINES (LBP) OR ITS BRANCHES. IN THE ABSENCE OF AN LBP BRANCH, POSTAL MONEY ORDERS (PMOS) PAYABLE TO THE CHIEF FISCAL MANAGEMENT AND BUDGET OFFICE, SUPREME COURT CAN BE PURCHASED FROM THE LOCAL POST OFFICE AND SENT TO THE LATTER FOR DEPOSIT TO THE SAJ ACCOUNT.

3) SYSTEMS AND PROCEDURES:

A) IN THE SUPREME COURT. - THE COLLECTING AND DISBURSING OFFICER OF THE SUPREME COURT SHALL, UNLESS OTHERWISE AUTHORIZED BY THE CHIEF JUSTICE, DEPOSIT DAILY ALL COLLECTIONS ACCRUING TO THE FUND WITH THE LBP MAIN OFFICE “FOR THE ACCOUNT OF THE SPECIAL ALLOWANCE FOR THE JUDICIARY FUND, SUPREME COURT, MANILA - SAVINGS ACCOUNT NO. 0591-1744-28.

B) IN THE COURT OF A PPEALS, SANDIGANBAYAN AND COURT OF TAX APPEALS. - THE RESPECTIVE COLLECTING OFFICERS IN THESE COURTS SHALL DEPOSIT DAILY THEIR COLLECTIONS ACCRUING TO THE FUND IN THE AFOREMENTIONED SAVINGS ACCOUNT WITH THE LBP FOR THE ACCOUNT OF THE SPECIAL ALLOWANCE FOR THE JUDICIARY FUND, SUPREME COURT, MANILA, FURNISHING THE CHIEF FMBO OF THE SUPREME COURT THE NOTICE OF SUCH DEPOSITS.

C) IN THE RTC, MeTC. MTCC, MTC.MCTC, SDC AND SCC. - THE DAILY COLLECTIONS FOR THE SPECIAL ALLOWANCE FOR THE JUDICIARY FUND IN THESE COURTS SHALL BE DEPOSITED EVERYDAY WITH THE NEAREST LBP BRANCH IN TFIE SAVINGS ACCOUNT OPENED BY THE COURT FOR THE ACCOUNT OF THE SAJ. PROPER ARRANGEMENT, HOWEVER, MUST BE MADE BY THE CLERK OF COURT WITH THE LBP THAT THERE MUST BE AN AUTOMATIC DAILY FUND TRANSFER FROM THE BRANCH ACCOUNT TO THE MOTHER SUPREME COURT ACCOUNT - THE SPECIAL ALLOWANCE FOR THE JUDICIARY FUND, SUPREME COURT, MANILA - SAVINGS ACCOUNT NO. 0591-1744-28.

FOR THE BRANCH ACCOUNTS, IT SHOULD BE IN THE NAME OF THE COURT, THE COURT STATION, THE BRANCH AND THE SAJ. EXAMPLE: - RTC-MANILA BR. 24 - SAJ.

THE INDIVIDUAL TRIAL COURTS SHALL BE PROHIBITED FROM MAKING WITHDRAWALS FROM THEIR RESPECTIVE LBP ACCOUNTS.

A SEPARATE SET OF OFFICIAL RECEIPTS SHALL BE USED FOR THE COLLECTION OF THE SAJ FUND. THE OFFICIAL RECEIPT ISSUED SHALL INVARIABLY INDICATE THE PREFIX INITIAL OF THE FUND, “SAJ”, FOLLOWED IMMEDIATELY BY THE DESCRIPTION OF THE KIND AND NATURE OF THE COLLECTION. OFFICIAL RECEIPTS CAN BE REQUISITIONED FROM THE PROPERTY DIVISION, OFFICE OF ADMINISTRATIVE SERVICES (OAS), OFFICE OF THE COURT ADMINISTRATOR (OCA).

ONLY CASH, CAHIER’S CHECK AND MANAGER’S CHECK ARE ACCEPTABLE AS PAYMENTS.

A SEPARATE CASHBOOK MUST BE MAINTAINED FOR THE SAJ FUND. CASHBOOKS CAN BE REQUISITIONED FROM THE PROPERTY DIVISION, OAS, OCA.

THE INCOME OR INTEREST EARNED FROM SAID FUND SHALL FORM PART OF THE SAJ FUND.

D)     RENDITION OF MONTHLY REPORT. -SEPARATE MONTHLY REPORT OF COLLECTIONS AND DEPOSITS SHALL BE REGULARLY PREPARED FOR THE SAJ FUND WHICH SHALL BE SUBMITTED WITHIN TEN (10) DAYS AFTER THE END OF EVERY MONTH TO THE CHIEF ACCOUNTANT, FMO, OCA, COPY FURNISHED THE FMBO, SC AND THE FISCAL MONITORING DIVISION, CMO, OCA. DUPLICATE COPIES OF THE OFFICIAL RECEIPTS ISSUED DURING SUCH MONTH COVERED AND THE VALIDATED COPY OF THE DEPOSIT SLIPS SHOULD LIKEWISE BE SUBMITTED. DEPOSIT SLIPS THAT ARE NOT MACHINE VALIDATED SHALL NOT BE CONSIDERED AS DEPOSIT. A MONTHLY BANK STATEMENT SHALL ALSO ACCOMPANY THE MONTHLY REPORT. THE MONTHLY BALANCE OF THE STATEMENT MUST TALLY - WITH THE TOTAL OF THE MONTHLY REPORT OF COLLECTIONS.

E)     REIMBURSEMENT OF EXPENSES. - .ALL ORDINARY AND REASONABLE EXPENSES INCURRED FOR THE REMITTANCE OF COLLECTIONS AND TRANSMITTAL OF REPORTS FOR THE SAJ FUNDS SHALL BE REIMBURSED BY THE COURT UPON SUBMISSION OF THE DULY ACCOMPLISHED VOUCHER, TOGETHER WITH THE RECEIPTS AND OTHER SUPPORTING DOCUMENTS AS REQUIRED IN AUDIT.

IN NO CASE SHALL EXPENSES INCURRED FOR THE FUND BE DEDUCTED FROM THE COLLECTIONS.

Strict observance of these rules and regulations is hereby enjoined. The Clerks of Court and Officers-in-Charge in the Office of the Clerks of Courts shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall be a ground for the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected pursuant to Section 122 of P.D. No. 1445 dated June 11, 1978, without - prejudice to such further disciplinary action as the Court may impose.

ALL OTHER CIRCULARS, ORDERS INCONSISTENT HEREWITH ARE HEREBY AMENDED OR REPEALED ACCORDINGLY.

The Court Administrator and the Clerks of Court of the Supreme Court, the Court of Appeals, the Sandiganbayan, and the Court of Tax Appeals shall cause the full and effective implementation of this Administrative Circular and regularly monitor its compliance by those concerned.

This Administrative Circular shall take effect upon its issuance.

Issued this 20th day of August 2004.




HILARIO G. DAVIDE, JR.
Chief Justice



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