RULE 141
LEGAL
FEES
SECTION 1.
Payment of fees. – Upon the filing of the pleading or other application
which initiates an action or proceeding, the fees prescribed therefor
shall
be paid in full.chan
robles
virtual law library
Sec. 2. Fees
in lien. – Where the court in its final judgment awards a claim not
alleged,
or a relief different from, or more than that claimed in the pleading,
the party concerned shall pay the additional fees which shall
constitute
a lien on the judgment in satisfaction of said lien. The clerk of
court shall assess and collect the corresponding fees.cralaw:red
Sec. 3.
Persons authorized to collect legal fees. – Except as otherwise
provided
in this rule, the officers and persons hereinafter mentioned, together
with their assistants and deputies, may demand, receive, and take the
several
fees hereinafter mentioned and allowed for any business by them
respectively
done by virtue of their several offices, and no more. All fees so
collected shall be forthwith remitted to the Supreme Court. The
persons
herein authorized to collect legal fees shall be accountable officers
and
shall be required to post bond in such amount as prescribed by the law.cralaw:red
Sec. 4.
Clerks of the Supreme Court, Court of Appeals, Sandiganbayan and Court
of Tax Appeals.cralaw:red
(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:chanroblesvirtuallawlibrary
a)
Less than P50,000.00
………….......
P 750.00
b)
P50,000.00 or more but
less than
P200,000.00…………..
1,000.00
c)
P200,000.00 or more but
less than
P400,000.00
……………...
1,500.00
d)
P400,000.00 or more but
less than
P600,000.00
……………...
2,500.00
e)
P600,000.00 or more but
less than
P800,000.00
………………...
4,000.00
f)
P800,000.00 or more but
less than
P1,000,000.00
…………........
5,000.00
g)
P1,000,000.00 or more but less than
P7,500,000.00
On the first P1,000,000.00,
the fee
shall be
P5,000.00
and for each
P1,000.00 in
excess
of P1,000,000.00
but not more
than
P7,500,000.00
…......
7.00
h)
P7,500,000.00 or more
On the first P7,500,000.00,
the fee shall be
P50,500.00 and
for
each P1,000.00
in excess of
P7,500,000.00
………..…..
10.00
Provided that for
assessments beyond P50 million, the filing fee for the excess shall be
the equivalent of one-half (1/2) of one (1%) per centum
i)
When the value of the subject matter cannot be estimated
………..………….
5,000.00
2.
For filing a petition for review from a decision of the Regional Trial
Court or of the Central Board of Assessment Appeals or a special civil
action with the CTA or an appeal from a decision of a CTA Division to
the
CTA En Banc – THREE THOUSAND (P3,000.00) PESOS
(c)
For the performance of marriage ceremony, including issuance of
certificate
of marriage – THREE THOUSAND (P3,000.00) PESOS
(d)
For the certified copies of any record, judgment or entry thereof for
each
page – ten (P10.00) pesos AND for ANY certification – one hundred
(P100.00)
pesos.cralaw:red
(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.cralaw:red
Sec. 5.
Fees to be paid by the advancing party. – The fees of the clerk of the
Court of Appeals, Sandiganbayan and Court of Tax Appeals or of the
Supreme
Court shall be paid to him at the same time of the entry of the action
or proceeding in the court by the party who enters the same. The
clerk shall in all cases give a receipt for the same and shall enter
the
amount received upon his book, specifying the date when received,
person
from whom received, name of action in which received and the amount
received.
If the fees are not paid, the court may refuse to proceed with the
action
until they are paid and may dismiss the action or proceedings.chan
robles virtual law library
Sec. 6.
Fees of bar candidates. –
(a)
For filing the application for admission to the bar, whether admitted
to
the examination or not, two thousand and two hundred fifty (P2,250.00)
pesos for new applicants, and for repeaters, plus the additional amount
of two hundred (P200.00) pesos multiplied by the number of times the
applicants
has failed in the bar examinations;
(b)
For admission to the bar, including oath taking, signing of the roll of
attorneys, the issuance of diploma of admission to the Philippine Bar,
two thousand and two hundred fifty (P2,250.00) pesos;
(c)
Other Bar Fees. – For the issuance of:chanroblesvirtuallawlibrary
1. Certification
of admission to the Philippine Bar
….
P 100.00
2. Certificate
of good standing (local)
……………….
P 100.00
3. Certificate
of good standing (foreign)
…………….
P 500.00
4. Verification
of membership in the bar
……………
P 100.00
5. Certificate
of grades in the bar examinations
……..
P 100.00
6. Other certification
of records at the Bar Office,
per page
………………………………………......
P 50.00
7. A duplicate
diploma of admission to the
Philippine Bar
………………………………………………..
P 500.00
For services in connection
with the return of examination notebooks to examinees, a fee of ONE
HUNDRED
(P100.00) PESOS shall also be charged. (6a)chan
robles virtual law library
Sec. 7.
Clerks of Regional Trial Courts-
a)
For filing an action or a permissive OR COMPULSORY counter-claim,
CROSS-CLAIM,
or money claim against an estate not based on judgment, or for filing a
third-party, fourth-party, etc. complaint, or a
complaint-in-intervention,
if the total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES,
SURCHARGES,
DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES, LITIGATION EXPENSES AND
COSTS and/or in cases involving property, the FAIR MARKET value of the
REAL property in litigation STATED IN THE CURRENT TAX DECLARATION OR
CURRENT
ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE, WHICHEVER IS HIGHER,
OR IF THERE IS NONE, THE STATED VALUE OF THE PROPERTY IN LITIGATION OR
THE VALUE OF THE PERSONAL PROPERTY IN LITIGATION AS ALLEGED BY THE
CLAIMANT,
is:chanroblesvirtuallawlibrary
|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Less than P100,000.00 |
P
625.00 |
P
750.00 |
P875.00 |
P
1,000.00 |
2.
P100,000.00 or more but less than P150,000.00 |
1000.00 |
1,200.00 |
1,400.00 |
1,600.00 |
3.
P150,000.00 or more but less than P200,000.00 |
1,250.00 |
1.500.00 |
1,750.00 |
2,000.00 |
4.
P200,000.00 or more but less than P250,000.00 |
1,875.00 |
2,250.00 |
2,625.00 |
3,000.00 |
5.
P250,000.00 or more but less than P300,000.00 |
2,190.00 |
2,630.00 |
3,070.00 |
3,500.00 |
6.
P300,000.00 or more but less than P350,000.00 |
2,500.00 |
3,000.00 |
3,500.00 |
4,000.00 |
7.
P350,000.00 or more but not than P400,000.00 |
2,820.00 |
3,380.00 |
4,000.00 |
4,500.00 |
8.
For each P1,000.00 in excess of P400,000.00 |
12.50 |
15.00 |
17.50 |
20.00 |
If the
action involves
both a money claim and relief pertaining to property, then THE fees
will
be charged on both the amounts claimed and value of property based on
the
formula prescribed in this paragraph a.cralaw:red
(b)
For filing:chanroblesvirtuallawlibrary
|
From effectivity
To
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Actions where the value of the subject matter cannot be estimated |
P
750.00 |
P
1,000.00 |
P
1,500.00 |
P
2,000.00 |
2.
Special civil actions, except judicial foreclosure of mortgage,
EXPROPRIATION
PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall be governed by
paragraph (a) above |
750.00 |
1,000.00 |
1,500.00 |
2,000.00 |
3.
All other actions not involving property |
750.00 |
1,000.00 |
1,500.00 |
2,000.00 |
(c)
For filing requests for extrajudicial foreclosure of real estate or
chattel
mortgage by the sheriff or notary public, if the amount of the
indebtedness,
or the mortgagee’s claim is:chanroblesvirtuallawlibrary
|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Less than P50,000.00 |
P
350.00 |
P
420.00 |
P
490.00 |
P
550.00 |
2.
P50,000.00 or more but less than P100,000.00 |
500.00 |
600.00 |
700.00 |
800.00 |
3.
P100,000.00 or more but less than P150,000.00 |
625.00 |
750.00 |
875.00 |
1,000.00 |
4.
P150,000.00 or more but less than P200,000.00 |
820.00 |
975.00 |
1,140.00 |
1,300.00 |
5.
P200,000.00 or more but less
than P250,000.00 |
1,250.00 |
1,500.00 |
1,750.00 |
2,000.00 |
6.
P250,000.00 or more but less than P300,000.00 |
1,570.00 |
1,875.00 |
2,190.00 |
2,500.00 |
7.
P300,000.00 or more but not more than P400,000.00 |
1,875.00 |
2,250.00 |
2,625.00 |
3,000.00 |
8.
P400,000.00 or more but less than P500,000.00 |
2,190.00 |
2,630.00 |
3,070.00 |
3,500.00 |
9.
P500,000.00 or more but not more than P1,000,000.00 |
2,500.00 |
3,000.00 |
3,500.00 |
4,000.00 |
10.
For each P1,000.00 in excess of P1,000,000.00 |
12.50 |
15.00 |
17.50 |
20.00 |
____________________
* The proposed rates
be 25% of the pre-2004 legal fees composed of the Judiciary Development
Fund and the original fees.chan
robles virtual law library
** The proposed rates
correspond to the sum of the current amounts accruing to the general
fund
and the Judiciary Development Fund; and 50% thereof effective from 2004
up to Nov. 10, 2005.cralaw:red
*** The proposed
rates for the period from Nov. 11, 2005 to Nov. 10, 2006 correspond to
the sum of the pre-2004 amounts accruing to the general fund and the
Judiciary
Development Fund; and 75% thereof.cralaw:red
**** The proposed
rates for the period from Nov. 11, 2006 to Nov. 10, 2007 correspond to
the sum of the pre-2004 amounts accruing to the general fund and the
Judiciary
Development Fund; and 100% thereof.cralaw:red
(d)
For initiating proceedings for the allowance of wills, granting letters
of administration, appointment of guardians, trustees, and other
special
proceedings, the fees payable shall be collected in accordance with the
value of the property involved in the proceedings, which must be stated
in the application or petition, as follows:chanroblesvirtuallawlibrary
|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Not more than P100,000.00 |
P
2,000.00 |
P
2,500.00 |
P
3,000.00 |
P
3,500.00 |
2..
More than P100,000.00 but less than P150,000.00 |
2,500.00 |
3,000.00 |
3,500.00 |
4,000.00 |
3.
P150,000.00 or more butless
than P200,000.00 |
2,820.00
|
3,400.00
|
4,100.00
|
4,700.00
|
4.
P200,000.00 or more but less than P250,000.00 |
3,125.00
|
3,750.00
|
4,375.00
|
5,000.00
|
5.
P250,000.00 or more butless than
P300,000.00 |
3,440.00
|
4,125.00
|
4,820.00
|
5,500.00
|
6.
P300,000.00 or more but less
than P350,000.00 |
3,750.00
|
4,500.00
|
5,250.00
|
6,000.00
|
7.
P350,000.00 or more but not more than P400,000.00 |
4,070.00
|
4,875.00
|
5,690.00
|
6,500.00
|
8.
For each P1,000.00 in excess of
P400,000.00 |
12.50
|
15.00
|
17.50
|
20.00
|
If the value of the
estate as definitely appraised by the court is more than the value
declared
in the application, the fees on the difference shall be paid:
Provided,
HOWEVER, that a certificate from the clerk of court that the proper
fees
had been paid shall be required prior to the closure of the proceedings.cralaw:red
(e)
For filing petitions for naturalization or other modes of acquisition
of
citizenship, TEN THOUSAND (P10,000.00) PESOS;
(f)
For filing petitions for adoption, support, annulment of marriage,
legal
separation and other actions or proceedings under the DOMESTIC
ADOPTION ACT OF 1998, THE
INTER-COUNTRY ADOPTION ACT OF 1995 AND THE
FAMILY CODE, AS FOLLOWS:chanroblesvirtuallawlibrary
(1)
WHEN PETITIONER FOR ADOPTION IS A FILIPINO CITIZEN, TWO THOUSAND
(P2,000.00)
PESOS;
(2)
WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL, TEN THOUSAND
(P10,000.00)
PESOS;
(3)
SUPPORT, FIVE HUNDRED (P500.00) PESOS;
(4)
ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE, OR LEGAL
SEPARATION,
THREE THOUSAND (P3,000.00) PESOS; AND
(5)
CUSTODY OF MINORS, ONE THOUSAND (P1,000.00) PESOS;chan
robles virtual law library
If the proceedings
involve separation of property, an additional fee corresponding to the
value of the property involved shall be collected, computed in
accordance
with the rates for special proceedings. (Letter d of this section)
(g)
For all other special proceedings not concerning property, FIVE HUNDRED
(P500.00) PESOS;
(h)
For the performance of marriage ceremony, including THE issuance of THE
certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and
ONE
THOUSAND (P1,000.00) PESOS in other areas;
(i)
For filing an application for commission as notary public, TWO THOUSAND
(P2,000.00) PESOS;
(j)
For certified copies of any paper, record, decree, judgment or entry
thereof
for each page, TEN (P10.00) PESOS;
(k)
For a commission on all money (excluding cash bond) coming into the
clerk’s
hands by law, rule, order or writ of court, TWO (2%) per centum on all
sums not exceeding forty thousand (P40,000.00) pesos, and ONE AND A
HALF
(1.5%) per centum on all sums in excess of forty thousand (P40,000.00)
pesos;
(l)
For appeals from Regional Trial Courts to Court of Appeals,
Sandiganbayan,
or Supreme Court – Three Thousand (P3,000.00) Pesos;
(m)
For filing a motion for or asking in the prayer of the pleading the
issuance
of provisional remedies under Rule 57, 58, 59, 60 and 61 like Temporary
Restraining Order (TRO), writ of preliminary injunction or attachment
and
others – an additional FIVE HUNDRED (P500.00) PESOS shall be collected;
(n)
For clearances and certifications issued – FIFTY (P50.00) PESOs;
(o)
For services performed as ex-officio Notary public – TWO HUNDRED
(P200.00)
PESOS;
(p)
For any other services as clerk not provided in this section. TWO
HUNDRED (P200.00) PESOS shall be collected.cralaw:red
Sec. 8.
Clerks of Court of the First Level Courts. –
(a)
For each civil action or proceeding where the value of the subject
matter
involved, or the amount of the demand, inclusive of interests,
penalties,
surcharges, damages of whatever kind, attorney’s fees, litigation
expenses
and costs is:chanroblesvirtuallawlibrary
|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Not more than P20,000.00 |
P
190.00
|
P
225.00
|
P
270.00
|
P
300.00
|
2.
More than P20,000.00 but not more than P100,000.00 |
625.00
|
750.00
|
875.00
|
1,000.00
|
3.
More than P100,000.00 but not more than P200,000.00 |
1,570.00
|
1,875.00
|
2,190.00
|
2,500.00
|
4.
More than P200,000.00 but not more than P300,000.00 |
2,190.00
|
2,630.00
|
3,070.00
|
3,500.00
|
5.
More than P300,000.00 but not more than P400,000.00 |
3,125.00
|
3,750.00
|
4,375.00
|
5,000.00
|
In a real
action,
other than for forcible entry and unlawful detainer, the FAIR MARKET
value
of the property STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL
VALUATION OF THE BUREAU OF INTERNAL REVENUE or, if not declared for
taxation
purposes, the estimated value thereof shall be alleged by the claimant
and shall be the basis in computing the fees.chan
robles virtual law library
(b)
For initiating proceedings for the allowance of wills, granting the
letters
of administration and settlement of estates of small value, where the
value
of the estate is:chanroblesvirtuallawlibrary
|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Not more than P20,000.00 |
P
320.00 |
P
375.00 |
P
440.00 |
P
500.00 |
2.
More than P20,000.00 but not more than P100,000.00 |
1,690.00 |
2,025.00 |
2,370.00 |
2,700.00 |
3.
More than P100,000.00 but not more than P200,000.00 |
2,500.00 |
3,000.00 |
3,500.00 |
4,000.00 |
4.
For each proceeding other than the allowance of wills (probate)
granting
of the letter of administration, settlement of estates of small value |
250.00 |
300.00 |
350.00 |
400.00 |
(c)
For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTS
ARE
PRAYED FOR, FIVE hundred (P500.00) pesos; AND
IN CASES
WHERE INTERESTS,
PENALTIES, SURCHARGES, DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES
ARE
PRAYED FOR, AN AMOUNT EQUIVALENT TO THAT INDICATED IN THE SCHEDULE OF
PAYMENTS
UNDER SUBSECTION (A) OF THIS SECTION SHALL BE COLLECTED, IN
ADDITION
TO THE AMOUNT OF FIVE HUNDRED (P500.00) PESOS PROVIDED FOR IN THIS
SUBSECTION.cralaw:red
(d)
For all other actions not covered by preceding paragraphs:chanroblesvirtuallawlibrary
From effectivity
to Nov. 10, 2004
|
Nov.
11, 2004 to Nov.
10, 2005
|
Nov.
11, 2005 to
Nov.
20,2006
|
Effective
Nov.
11, 2006
|
400.00
|
P500.00
|
P600.00
|
P700.00
|
(e)
For filing a motion or asking in the prayer of the pleading the
issuance
of provisional remedies under Rules 57, 58, 59, 60 and 61 like
temporary
restraining order (TRO), writ of preliminary injunction or attachment,
an additional TWO HUNDRED (P250.00) PESOS shall be collected;chan
robles virtual law library
(f)
For appeals in all actions or proceedings, including forcible entry and
detainer cases, taken from the courts of first level and petitions to
the
2nd level courts – ONE THOUSAND (P1,000.00) PESOS;
(g)
For the performance of marriage ceremony, including THE issuance of THE
certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and
ONE
THOUSAND (P1,000.00) PESOS in other areas;
(h)
For taking affidavit, ONE HUNDRED (P100.00) PESOS;
(i)
For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;
(j)
For taking and certifying depositions, including oaths, per page,
TWENTY
(P20.00) PESOS;
k)
For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRY
THEREOF
FOR EACH PAGE, TEN (P10.00) PESOS;
(l)
For stamping and registering books as required by Articles Nineteen and
Thirty-Six of the Code of Commerce, each book, FIFTY (P50.00) pesos;
(m)
For services performed as ex-officio notary public – ONE HUNDRED
(P100.00)
PESOS;
(n)
FOR A COMMISSION ON ALL MONEY (excluding cash bond) COMING INTO THE
CLERK’S
HANDS BY LAW, RULE, ORDER OR WRIT OF COURT, TWO (2%) PER CENTUM ON ALL
SUMS NOT EXCEEDING FORTY THOUSAND (P40,000.00) PESOS, AND ONE AND A
HALF
(1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTY THOUSAND (P40,000.00)
PESOS;
(o)
For clearances and certifications issued – FIFTY (P50.00) PESOS;
(p)
FOR ANY OTHER SERVICES AS CLERK NOT PROVIDED IN THIS SECTION, ONE
HUNDRED
(P100.00) PESOS SHALL BE COLLECTED.cralaw:red
Sec. 9.
MEDIATION FEES.
A. Trial Courts
The Clerks of Court
of the Regional Trial Courts and the First-Level Courts shall collect
the
amount of FIVE HUNDRED PESOS (P500.00) (1) upon the filing of a
Complaint
or an Answer with a mediatable permissive or compulsory counterclaim or
cross-claim, complaint-in-intervention, third-party complaint,
fourth-party
complaint, etc. in civil cases, a Petition, an Opposition and a
Creditors’
Claim in Special Proceedings; (2) upon the filing of a
Complaint/Information
for offenses covered by the Katarungang Pambarangay Law, violation
of B.P. Blg. 22, estafa and libel cases where damages are sought;
and
(3) upon the filing of a Complaint/Information for quasi-offenses under
Title 14 of the Revised
Penal Code.cralaw:red
The Clerks of Court
of the First Level Courts shall collect the amount of FIVE HUNDRED
PESOS
(P500.00) upon the filing of a Notice of Appeal to the Regional Trial
Court.cralaw:red
The Clerks of Court
of the Regional Trial Court shall collect the amount of ONE THOUSAND
PESOS
(P1,000.00) upon the filing of a Notice of Appeal to the Court of
Appeals
or the Sandiganbayan.cralaw:red
B. Court of
Appeals, Sandiganbayan and Court of Tax Appeals
The Clerks of Court
of the Court of Appeals, Sandiganbayan and Court of Tax Appeals shall
collect
the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a
mediatable
case, petition, special civil action, a comment/answer to the petition
or action and the appellee’s brief. The Clerk of Court of the
Court
of Tax Appeals shall also collect the amount of ONE THOUSAND PESOS
(P1,000.00)
for the appeals from the decision of a CTA Division to the CTA En Banc.chan
robles virtual law library
Provided that in
all cases, a pauper litigant shall be exempt from contributing to the
Mediation
Fund. Despite such exemption, the court shall provide that the
unpaid
contribution to the Mediation Fund shall be considered a lien on any
monetary
award in a judgment favorable to the pauper litigant.cralaw:red
And provided further,
that an accused-appellant shall also be exempt from contributing to the
Mediation Fund.cralaw:red
The amount collected
shall be receipted and separated as part of a special fund to be known
as the “Mediation Fund” and shall accrue to the SC-PHILJA-PMC Fund,
disbursements
from which are and shall be pursuant to guidelines approved by the
Supreme
Court.cralaw:red
The Fund shall be
utilized for the promotion of court-annexed mediation and other
relevant
modes of alternative dispute resolution (ADR), training of
mediators,
payment of mediator’s fees, and operating expenses of the Philippine
Mediation
Center (PMC) units including expenses for technical assistance and
organizations
/ individuals, transportation/communication expenses, photocopying,
supplies
and equipment, expense allowance and miscellaneous expenses, whenever
necessary,
subject to auditing rules and regulations. In view thereof, the
mediation
fees shall not form part of the Judiciary
Development Fund (JDF) under P.D. No. 1949 nor of the special
allowances
granted to justices and judges under Republic
Act No. 9227.cralaw:red
Sec. 10.
Sheriffs, PROCESS SERVERS and other persons serving processes.chan
robles virtual law library
(a)
For serving summons and copy of complaint, for each defendant, TWO
HUNDRED
(P200.00) PESOS;
(b)
For serving subpoenas in civil action or OTHER proceedings, for each
witness
to be served, ONE HUNDRED (P100.00) PESOS;
(c)
For executing a writ of attachment against the property of defendant,
FIVE
HUNDRED (P500.00) PESOS per defendant;
(d)
For serving and implementing a temporary restraining order, or writ of
injunction, preliminary or final, of any court, THREE HUNDRED (P300.00)
PESOS per defendant;
(e)
For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;
(f)
For filing bonds or other instruments of indemnity or security in
provisional
remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;
(g)
For executing a writ or process to place a party in possession of real
PROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;
(h)
For SERVICES RELATING TO THE POSTING AND PUBLICATION REQUIREMENTS UNDER
RULE 39 (EXECUTION, SATISFACTION AND EFFECT OF JUDGMENTS) and in
extrajudicial
foreclosure of mortgage by sheriff or notary public besides the cost of
publication, ONE HUNDRED AND FIFTY (P150.00) PESOS;
(i)
For taking inventory of goods levied upon when the inventory is ordered
by the court, THREE HUNDRED (P300.00) PESOS per day or actual inventory;chan
robles virtual law library
(j)
For levying on execution on personal or real property, THREE HUNDRED
(P300.00)
PESOS;
(k)
For issuing a notice of garnishment, for each notice, ONE HUNDRED
(P100.00)
PESOS;
(l)
For money collected by him actual or constructive (when highest bidder
is the mortgagee and there is no actual collection of money) by order,
execution, attachment, or any other process, judicial or extrajudicial
which shall immediately be turned over to the Clerk of Court, the
following
sums shall be paid to the clerk of court to wit:chanroblesvirtuallawlibrary
(1)
On the first four thousand (P4,000.00) pesos, FIVE AND A HALF (5.5%)
per
centum;
(2)
On all sums in excess of four thousand (P4,000.00) pesos, THREE (3%)
per
centum;
In addition to the
fees hereinabove fixed, the amount of ONE THOUSAND (P1,000.00) PESOS
shall
be deposited with the Clerk of Court upon filing of the complaint to
defray
the actual travel expenses of the sheriff, process server or other
court-authorized
persons in the service of summons, subpoena and other court processes
that
would be issued relative to the trial of the case. In case the
initial
deposit of ONE THOUSAND (P1,000.00) PESOS is not sufficient, then the
plaintiff
or petitioner shall be required to make an additional deposit.
The
sheriff, process server or other court authorized person shall submit
to
the court for its approval a statement of the estimated travel expenses
for service of summons and court processes. Once approved, the
Clerk
of Court shall release the money to said sheriff or process
server.
After service, a statement of liquidation shall be submitted to the
court
for approval. After rendition of judgment by the court, any
excess
from the deposit shall be returned to the party who made the deposit.cralaw:red
In case a request
to serve the summons and other processes is made to the Clerk of Court
and Ex-officio sheriff who has jurisdiction over the place where the
defendant
or the person subject of the process resides, a reasonable amount shall
be withdrawn from said deposit by the Clerk of the Court issuing the
process
for the purchase of a postal money order to cover the actual expenses
of
the serving sheriff.cralaw:red
With regard to sheriff’s
expenses in executing writs issued pursuant to court orders or
decisions
or safeguarding the property levied upon, attached or seized, including
kilometrage for each kilometer of travel, guards’ fees, warehousing and
similar charges, the interested party shall pay said expenses in an
amount
estimated by the sheriff, subject to the approval of the court.
Upon
approval of said estimated expenses, the interested party shall deposit
such amount with the clerk of court and ex-officio sheriff, who shall
disburse
the same to the deputy sheriff assigned to effect the process, subject
to liquidation within the same period for rendering a return on the
process.
The liquidation shall be approved by the court. Any unspent
amount
shall be refunded to the party making the deposit. A full report
shall be submitted by the deputy sheriff assigned with his return, and
the sheriff’s expenses shall be taxed as costs against the judgment
debtor.cralaw:red
Sec. 11.
Stenographers. -- Stenographers shall give certified
transcript
of notes taken by them to every person requesting the same upon payment
to the Clerk of Court of (a) TEN (P10.00) PESOS for each page of not
less
than two hundred and fifty words before the appeal is taken and (b)
FIVE
(P5.00) PESOS for the same page, after the filing of the appeal,
provided,
however, that one-third (1/3) of the total charges shall accrue to the
Judiciary Development Fund (JDF) and the remaining two-thirds (2/3) to
the stenographer concerned. (10a)
Sec. 12.
Notaries. -- No notary public shall charge or receive for
any
service rendered by him any fee, remuneration or compensation in excess
of those expressly prescribed in the following schedule:
(a)
For protests of drafts, bills of exchange, or promissory notes for
non-acceptance
or non-payment, and for notice thereof, ONE HUNDRED (P100.00) PESOS;chan
robles virtual law library
(b)
For the registration of such protest and filing or safekeeping of the
same,
ONE HUNDRED (P100.00) PESOS;
(c)
For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;
(d)
For sworn statement concerning correctness of any account or other
document,
ONE HUNDRED (P100.00) PESOS;
(e)
For each oath of affirmation, ONE HUNDRED (P100.00) PESOS;
(f)
For receiving evidence of indebtedness to be sent outside, ONE HUNDRED
(P100.00) PESOS;
(g)
For issuing a certified copy of all or part of his notarial register or
notarial records, for each page, ONE HUNDRED (P100.00) PESOS;
(h)
For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS; and cralaw:red
(i)
For acknowledging other documents not enumerated in this section, ONE
HUNDRED
(P100.00) PESOS. (11a)
Sec. 13.
Other officers taking depositions. -- Other officers taking
depositions
shall receive the same compensation as above provided for notaries
public
for taking and certifying depositions.cralaw:red
Sec. 14.
Witness fees. –
(a)
Witnesses in the Supreme Court, in the Court of Appeals and in the
Regional
Trial Courts and in the 1st level courts, either in actions or special
proceedings, shall be entitled to TWO HUNDRED (P200.00) PESOS per day,
inclusive of ALL EXPENSES;
(b)
Fees to which witnesses may be entitled in a civil action shall be
allowed
on the certification of the clerk of court or judge of his appearance
in
the case. A witness shall not be allowed compensation for his
attendance
in more than one case or more than one side of the same case at the
same
time, but may elect in which of several cases or on which side of a
case,
when he is summoned by both sides, to claim his attendance. A
person
who is compelled to attend court on other business shall not be paid as
a witness.cralaw:red
Sec. 15.
Fees of appraisers. -- Appraisers appointed to appraise the
estate of a ward of a deceased person shall each receive a compensation
to be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos
per day for the time actually and necessarily employed in the
performance
of their duties and in making their reports, which fees, in each
instance,
shall be paid out of the estate of the ward or deceased person, as the
case may be. Any actual and necessary traveling expenses incurred
in the performance of their duties of such appraisers may likewise be
allowed
and paid out of the estate.chan
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Sec. 16.
Fees of commissioners in eminent domain proceedings. -- The
commissioners appointed to appraise land sought to be condemned for
public
uses in accordance with these rules shall each receive a compensation
to
be fixed by the court of NOT LESS THAN three hundred (P300.00) pesos
per
day for the time actually and necessarily employed in the performance
of
their duties and in making their report to the court, which fees shall
be taxed as a part of the costs of the proceedings.cralaw:red
Sec. 17.
Fees of commissioners in the proceedings for partition of real
estate.
-- The commissioners appointed to make partition of real estate
shall
each receive a compensation to be fixed by the court of NOT LESS THAN
three
hundred (P300.00) pesos per day for the time actually and necessarily
employed
in the performance of their duties and in making their report to the
court,
which fees shall be taxed as a part of the costs of the proceedings.cralaw:red
Sec. 18.
Fees and the account thereof. -- The clerk, under the
direction
of the judge, shall keep a book in which shall be entered the items of
fees which have accrued for the transaction of businesses covered by
the
provisions of this rule, for which fees are payable, specifying for
what
business each time of fees have accrued. Receipts shall be given
for all fees received and they shall be accounted for in the manner
provided
in relation to the fees of clerks of courts in actions. The book
of fees kept by the clerk shall be accounted for in the manner provided
in relation to the fees of the clerk of court in inspection of auditing
officer and other interested therein.cralaw:red
Sec. 19.
Indigent litigants exempt from payment of legal fees. - Indigent
litigants (a) whose gross income and that of their immediate family do
not exceed an amount double the monthly minimum wage of an employee and
(b) who do not own real property with A FAIR MARKET VALUE AS STATED IN
THE CURRENT TAX DECLARATION of more than THREE hundred thousand
(P300,000.00)
pesos shall be exempt from the payment of legal fees.cralaw:red
The legal fees shall
be a lien on any judgment rendered in the case favorable to the
indigent
litigant unless the court otherwise provides.cralaw:red
To be entitled to
the exemption herein provided, the litigant shall execute an affidavit
that he and his immediate family do not earn a gross income
abovementioned,
nor they own any real property with the fair value aforementioned,
supported
by an affidavit of a disinterested person attesting to the truth of the
litigant’s affidavit. The current tax declaration, if any, shall
be attached to the litigant’s affidavit.cralaw:red
Any falsity in the
affidavit of litigant or disinterested person shall be sufficient cause
to dismiss the complaint or action or to strike out the pleading of
that
party, without prejudice to whatever criminal liability may have been
incurred.
(16a)
Sec. 20.
In addition to the fees imposed in the preceding sections, a
victim-compensation
fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall be
assessed
and collected for the filing of every complaint or petition initiating
an ordinary civil action, special civil action or special proceeding in
the trial courts including civil actions impliedly instituted with
criminal
actions under Rule 111 of the Revised Rule of Criminal Procedure where
filing fee is likewise collected. All sums collected shall be
remitted
to the Department of Justice every quarter by the Clerk of Court
concerned.
(18-A)
Sec. 21.
Other fees. -- The following fees shall also be collected
by
the clerks of the Regional Trial Courts or courts of the first level,
as
the case may be:chan
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virtual law library
(a)
In estafa cases where the offended party fails to manifest within
fifteen
(15) days following the filing of the information that the civil
liability
arising from the crime has been or would be separately prosecuted, or
in
violations of BP No. 22 if the amount involved is:chanroblesvirtuallawlibrary
|
From effectivity
to Nov. 10, 2004*
|
Nov.
11, 2004
to Nov.
10, 2005**
|
Nov.
11, 2005
to Nov.
10, 2006***
|
Effective Nov.
11, 2006****
|
1.
Less than P100,000.00
|
P
625.00
|
P
750.00
|
P
875.00
|
P
1,000.00
|
2.
P100,000.00 or more but less than P150,000.00
|
1,000.00
|
1,200.00
|
1,400.00
|
1,600.00
|
3.
P150,000.00 or more but less than P200,000.00
|
1,250.00
|
1,500.00
|
1,750.00
|
2,000.00
|
4.
P200,000.00 or more but less than P250,000.00
|
1,875.00
|
2,250.00
|
2,625.00
|
3,000.00
|
5.
P250,000.00 or more but less than P300,000.00
|
2,190.00
|
2,630.00
|
3,070.00
|
3,500.00
|
6.
P300,000.00 or more but less than P350,000.00
|
2,500.00
|
3,000.00
|
3,500.00
|
4,000.00
|
7.
P350,000.00 or more but not more than P400,000.00
|
2,820.00
|
3,400.00
|
4,100.00
|
4,700.00
|
8.
For each P1,000.00 in excess of P400,000.00
|
12.50
|
15.00
|
17.50
|
20.00
|
(b)
For motions for postponement (whether verbal or written) after
completion
of the pre-trial stage, TWO HUNDRED (P200.00) PESOS for the first, and
an additional FIFTY (P50.00) PESOS for every motion for postponement
thereafter
based on that for the immediately preceding motion. For any other
motion,
TWO HUNDRED (P200.00) PESOS;
(c)
For all types of bonds (cash, surety and property) in criminal and
civil
cases, FIVE HUNDRED (P500.00) PESOS per each bond;chan
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(d)
For entries of certificates of sale and final deeds of sale in
extra-judicial
foreclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;
(e)
FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED (P500.00)
PESOS;
(f)
FOR APPLICATIONS FOR ACCREDITATION OF NEWSPAPERS AND PERIODICALS
SEEKING
TO PUBLISH JUDICIAL AND LEGAL NOTICES AND OTHER SIMILAR ANNOUNCEMENTS,
FIVE THOUSAND (P5,000.00) PESOS; for appeals from decisions of
Executive
Judge – ONE THOUSAND (P1,000.00) PESOS; and for filing an action for
revocations
or suspension of accreditation – ONE THOUSAND (P1,000.00) PESOS;
(g)
FOR ELECTION CONTESTS INCLUDING ELECTION PROTESTS, COUNTER-PROTESTS,
PROTESTS-IN-INTERVENTION
AND QUO WARRANTO PROCEEDINGS INVOLVING MUNICIPAL OFFICES- THREE
THOUSAND
(P3,000.00) PESOS; AND BARANGAY OFFICES- ONE THOUSAND FIVE HUNDRED
(P1,500.00)
PESOS. IN ADDITION, THE FILING FEES PRESCRIBED BY THE COMELEC
RULES
OF PROCEDURES FOR THESE ACTIONS SHALL ALSO BE COLLECTED AND INDICATED
IN
THE RECEIPT.cralaw:red
(h)
FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES OF
VOTERS,
ONE HUNDRED (P100.00) PESOS;
(i)
For petitions for rehabilitation, under the Interim Rules of Procedure
on Corporate Rehabilitation, the fees payable shall be based on the
value
of the assets of, or amount of monetary claims against, the debtor,
whichever
is higher, which must be declared in the Petition, as follows:chan
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|
From effectivity
to
Nov.
10, 2004
*
|
Nov.
11, 2004
to
Nov.
10, 2005
**
|
Nov.
11, 2005
to
Nov.
10, 2006
***
|
Effective
Nov.
11, 2006
****
|
1.
Less than P10,000,000.00 |
P
12,500.00 |
P
15,000.00 |
P
17,500.00 |
P
20,000.00 |
2.
P10,000,000.00 or more but less than P20,000,000.00 |
25,000.00 |
30,000.00 |
35,000.00 |
40,000.00 |
3.
P20,000,000.00 or more but less than P30,000,000.00 |
37,500.00 |
45,000.00 |
52,500.00 |
60,000.00 |
4.
P30,000,000.00 or more but less than P40,000,000.00 |
50,000.00 |
60,000.00 |
70,000.00 |
80,000.00 |
5.
P40,000,000.00 or more but less than P50,000,000.00 |
62,500.00 |
75,000.00 |
87,500.00 |
100,000.00 |
6.
P50,000,000.00 or more but less than P60,000,000.00 |
75,000.00
|
90,000.00
|
105,000.00
|
120,000.00
|
7.
P60,000,000.00 or more but not more than P70,000,000.00 |
87,500.00
|
105,000.00
|
122,500.00
|
140,000.00
|
8.
P70,000,000.00 or more but less than P80,000,000.00 |
100,000.00
|
120,000.00
|
140,000.00
|
160,000.00
|
9.
P80,000,000.00 or more but less than P90,000,000.00 |
112,500.00
|
135,000.00
|
157,500.00
|
180,000.00
|
10.
P90,000,000.00 or more but less than P100,000,000.00 |
125,000.00
|
150,000.00
|
175,000.00
|
200,000.00
|
11.
For each P10,000.00 in excess of P100,000,000.00 |
12.50
|
15.00
|
17.50
|
20.00
|
The value
of the
assets shall be based on the fair market value of the real properties
of
the petitioner stated in the tax declaration or the zonal value thereof
fixed by the Bureau of Internal Revenue whichever is higher or if there
is none, the stated value of the assets in the petition. In case
of personal property, the value shall be stated by the petitioner in
the
petition.chan robles
virtual
law library
If during trial,
the court finds that the value of the assets is more or the monetary
claims
are higher than the amounts stated in the complaint or petition, then
it
shall order the payment of additional fees based thereon.cralaw:red
(j)
FOR PETITIONS FOR THE COMPULSORY CONFINEMENT OF A DRUG DEPENDENT UNDER
SECTION 61 OF THE “COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002”, THREE HUNDRED (P300.00) PESOS;
(k)
For petitions for insolvency or other cases involving intra-corporate
controversies,
the fees prescribed under letter a, section 7 shall apply.cralaw:red
Sec. 22. Government
exempt. -- The Republic of the Philippines, its agencies
and
instrumentalities are exempt from paying the legal fees provided in the
rule. Local governments and government-owned or controlled
corporations
with or without independent charters are not exempt from paying such
fees.chan
robles virtual law library
However, all court
actions, criminal or civil, instituted at the instance of the
provincial,
city or municipal treasurer or assessor under Sec. 280 of the Local
Government Code of 1991 shall be exempt from the payment of court
and
sheriff’s fees. (page 211 of the Manual for Clerks of Court)
chan
robles virtual law library
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