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contains the full text ofRule
142 - Rules of CourtCosts
COSTS
Rule 142
Section 1. Costs ordinarily follow results of suit. - Unless
otherwise
provided in these rules, costs shall be allowed to the prevailing party
as a matter of course, but the court shall have power, for special
reasons,
to adjudge that either party shall pay the costs of an action, or that
the same be divided, as may be equitable. No costs shall be allowed
against
the Republic of the Philippines, unless otherwise provided by law.chanrobles virtua law library
Sec. 2. When action or appeal dismissed. - If an action
or
appeal is dismissed for want of jurisdiction or otherwise, the court
nevertheless
shall have the power to render judgment for costs, as justice may
require.
Sec. 3. Costs when appeal frivolous. - Where an action or an
appeal
is found to be frivolous, double, or treble costs may be imposed on the
plaintiff or appellant, which shall be paid by his attorney, if so
ordered
by the court.
Sec. 4. False allegations. - An averment in a pleading
made
without reasonable cause and found untrue shall subject the offending
party
to the payment of such reasonable expenses as may have been necessarily
incurred by the other party by reason of such untrue pleading. The
amount
of expenses so payable shall be fixed by the judge in the trial, and
taxed
as costs.
Sec. 5. No costs of irrelevant matters. - When the record
contains
any unnecessary, irrelevant, or immaterial matter, the party at whose
instance
the same was inserted or at whose instance the same was printed, shall
not be allowed as costs any disbursement of preparing, certifying, or
printing
such matter.
Sec. 6. Attorney's fees as cost. - No attorney's fees shall be
taxed
as costs against the adverse party, except as provided by the rules of
civil law. But this section shall have no relation to the fees to be
charged
by an attorney as against his client.chanrobles virtua law library
Sec. 7. Restriction of costs. - If the plaintiff in any
action
shall recover a sum not exceeding ten pesos as debt or damages, he
shall
recover no more costs than debt or damages, unless the court shall
certify
that the action involved a substantial and important right to the
plaintiff
in which case full costs may be allowed.
Sec. 8. Costs, how taxed. - In inferior courts, the costs
shall be taxed by the municipal or city judge and included in the
judgment.
In superior courts, costs shall be taxed by the clerk of the
corresponding
court on five day's written notice given by the prevailing party to the
adverse party. With this notice shall be served a statement of the
items
of costs claimed by the prevailing party, verified by his oath or that
of his attorney. Objections to the taxation shall be made in writing,
specifying
the items objected to. Either party may appeal to the court from the
clerk's
taxation. The costs shall be inserted in the judgment if taxed before
its
entry, and payment thereof shall be enforced by execution.
Sec. 9. Costs in municipal or city courts. - In an action or
proceeding
pending before a municipal or city judge, the prevailing party may
recover
the following costs, and no other:chanroblesvirtuallawlibrary
(a)
For the complaint or answer, two pesos;
(b)
For the attendance of himself, or his counsel, or both, on the day of
trial,
five pesos;chanrobles virtua law library
(c)
For each additional day's attendance required in the actual trial of
the
case, one peso;
(d)
For each witness produced by him, for each day's necessary attendance
at
the trial, one peso, and his lawful traveling fees;
(e)
For each deposition lawfully taken by him and produced in evidence,
five
pesos;
(f)
For original documents, deeds, or papers of any kind produced by him,
nothing;
(g)
For official copies of such documents, deeds or papers, the lawful fees
necessarily paid for obtaining such copies;
(h)
The lawful fees paid by him for service of the summons and other
process
in the action;
(i)
The lawful fees charged against him by the judge of the court in
entering
and docketing and trying the action or proceeding.chanrobles virtua law library
Sec. 10. Costs in Courts of First Instance. - In an action or
proceeding
pending in a Court of First Instance, the prevailing party may recover
the following costs, and no other:
(a)
For the complaint or answer, fifteen pesos;
(b)
For his own attendance, and that of his attorney, down to and including
final judgment, twenty pesos;
(c)
For each witness necessarily produced by him, for each day's necessary
attendance of such witness at the trial, two pesos, and his lawful
traveling
fees;
(d)
For each deposition lawfully taken by him, and produced in evidence,
five
pesos;
(e)
For original documents, deeds, or papers of any kind produced by him,
nothing;
(f)
For official copies of such documents, deeds, or papers, the lawful
fees
necessarily paid for obtaining such copies;
(g)
The lawful fees paid by him in entering and docketing the action or
recording
the proceedings, for the service of any process in action, and all
lawful
clerk's fees paid by him.chanrobles virtua law library
Sec. 11. Costs in Court of Appeals and in Supreme Court. - In an action
or proceeding pending in the Court of Appeals or in the Supreme Court,
the prevailing party may recover the following costs, and no other:chanroblesvirtuallawlibrary
(a)
For his own attendance, and that of his attorney, down to and including
final judgment, thirty pesos in the Court of Appeals and fifty pesos in
the Supreme Court;
(b)
For official copies of record on appeal and the printing thereof, and
all
other copies required by the rules of court, the sum actually paid for
the same;
(c)
All lawful fees charged against him by the clerk of the Court of
Appeals
or of the Supreme Court, in entering and docketing the action and
recording
the proceedings and judgment therein and for the issuing of all process;
(d)
No allowance shall be made to the prevailing party in the Supreme Court
or Court of Appeals for the brief or written or printed arguments of
his
attorney, or copies thereof, aside from the thirty or fifty pesos above
stated;
(e)
If testimony is received in the Supreme Court or Court of Appeals not
taken
in another court and transmitted thereto, the prevailing party shall be
allowed the same costs for witness fees, depositions, and process and
service
thereof as he would have been allowed for such items had the testimony
been introduced in a Court of First Instance;
(f)
The lawful fees of a commissioner in an action may also be taxed
against
the defeated party, or apportioned as justice requires.
Sec. 12. Costs when witness fails to appear. - If a witness fails
to appear at the time and place specified in the subpoena issued by any
inferior court, the costs of the warrant of arrest and of the arrest of
the witness shall be paid by the witness if the court shall determine
that
his failure to answer the subpoena was willful or without just excuse.chanrobles virtua law library
Sec. 13. Costs when person cited for examination in probate
proceedings.
- When a person is cited, on motion of another, to appear before the
court
to be examined in probate proceedings, the court may, in its
discretion,
tax costs for the person so cited and issue execution therefor,
allowing
the same fees as for witnesses in Courts of First Instance.
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