ADMINISTRATIVE
CIRCULAR NO. 11-94
TO:
THE
COURT OF APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, METROPOLITAN
TRIAL
COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, ALL
MEMBERS
OF THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED
BAR OF THE PHILIPPINES
SUBJECT:
AMENDMENTS TO SECTION 7 (a) AND (d) AND SECTION 8 (a) AND (b), RULE
141,
RULES OF COURT, AS LAST AMENDED ON SEPTEMBER 4, 1990 AND EFFECTIVE
NOVEMBER
2, 1990, IN VIEW OF THE EXPANDED JURISDICTION OF THE LOWER COURTS UNDER
REPUBLIC ACT NO. 7691
BY
RESOLUTION OF
THE COURT DATED JUNE 28, 1994, PURSUANT TO SECTION 5 (5) OF ARTICLE
VIII
OF THE CONSTITUTION, RULE 141, SECTION 7 (a) AND (d), AND SECTION 8(a)
AND (b), OF THE RULES OF COURT ARE HEREBY AMENDED TO READ AS FOLLOWS:chanroblesvirtuallawlibrary
RULE
141LEGAL
FEESx x x
Sec.
7. CLERKS
of Regional Trial Courts
[a] For
filing an
action or a permissive counter-claim or money claim against an estate
not
based on judgment, or for filing with leave of court a third-party,
fourth-party,
etc. complaint, or a complaint in intervention, and for all clerical
services
in the same, if the total sum claimed, inclusive of interest, damages
of
whatever kind, attorney’s fees, litigation expenses and costs or the
stated
value of the property in litigation, is:chanroblesvirtuallawlibrary
1. Not
more then P100,000.00 ………………………………….…P
400.00
2. P100,000.00
or more but not more than P150,000.00……………600.00
3. For each
P1,000.00,
in excess of P150,000.00 ………………………5.00
x x x[b] For
initiating proceedings
for the allowance of wills, granting letters of administration,
appointment
of guardians, trustees, and other special proceedings, the fees payable
shall be collected in accordance with the value of the property
involved
in the proceedings, which must be stated in the application or
petition,
as follows:chanroblesvirtuallawlibrary
1. More
than P100,000.00
but not more than P150,000.00 ……….P1,300.00
2. For each
P1,000.00,
in excess of P150,000.00 …………………….….5.00 Sec. 8. CLERKS
of Metropolitan
and Municipal Trial Courts
[a] For
each civil
action or proceeding, where the value of the subject matter involved,
or
the amount of the demand, inclusive of interest, damages of whatever
kind,
attorney’s fees, litigation expenses, and costs is:chanroblesvirtuallawlibrary
1. Not
more than P20,000.00 ……………………………….…………P120.00
2. More
than P20,000.00
but not more than P100,000.00 ……………..400.00
3. More
than P100,000.00
but not more than P200,000.00 ……………850.00 In a real
action, the
assessed value of the property or if not declared for taxation
purposes,
the assessed value of the adjacent lots, or if there is none, the
estimated
value thereof shall be alleged by the claimant and shall be the basis
in
computing the fees.
(b) For
initiating
proceedings for the allowance of wills. Granting of letters of
administration
and settlement of estates of small value, where the value of the estate
is:chanroblesvirtuallawlibrary
1. Not
more than P20,000.00 ………………………………….….P
200.00
2. More
than P20,000.00
but not more than P100,000.00 …………..1,100.00
3. More
than P100,000.00
but not more than P200,000.00 …….….1,550.00
x x x
4. For each
proceeding
other than the allowance of wills (probate), granting of letter of
administration,
settlement of estates of small value, one hundred and fifty (150.00)
pesos.
x x x
This
Administrative
Circular shall be published in two (2) newspapers of general
circulation
and shall take effect on August 1, 1994.
June 28, 1994.
[Sgd.]
ANDRES
R. NARVASAChief
Justice |