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
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JDF
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SEC.
4. Clerks of Court of the SUPREME COURT, COURT OF APPEALS,
SANDIGANBAYAN AND COURT OF TAX APPEALS.
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(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
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452.00
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2,548.00
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(b)
FOR FILING AN ACTION OR PROCEEDING WITH THE COURT OF TAX APPEALS (CTA)
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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:
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A)
LESS THAN
P50,000.00 P750.00
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175.00
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575.00
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B)
P50,000.00 OR MORE BUT LESS THAN
P200,000.00
1,000.00
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965.00
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35.00
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C)
P200,000.00 OR MORE BUT LESS THAN
P400,000.00
1,500.00
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1,425.00
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75.00
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D)
P400,000.00 OR MORE BUT LESS THAN
P600,000.00 2,500.00
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2,425.00
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75.00
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E)
P600,000.00 OR MORE BUT LESS THAN
P800,000.00
4,000.00
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3,900.00
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100.00
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F)
P800,000.00 OR MORE BUT LESS THAN P1,
000,000.00
5,000.00
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4,800.00
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200.00
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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
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4,800.00
7.00
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200.00
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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
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50,300.00
10.00
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200.00
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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
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1/2 %
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I)
WHEN THE VALUE OF THE SUBJECT MATTER CANNOT BE
ESTIMATED
5,000.00
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4,800.00
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200.00
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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
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3,000.00
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(c)
For the performance of marriage ceremony, including issuance of
certificate of marriage - THREE THOUSAND (P3,000.00) PESOS
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300.00
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2,700.00
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(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
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3.80
30.00
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6.20
70.00
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.(e)
For every search OF ARCHIVED CASES or those above a year’s standing and
reading the same - ONE HUNDRED (P100.00) PESOS
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14.00
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86. 00
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(f)
FOR FILING A MOTION FOR SPECIAL RAFFLE - FIVE HUNDRED (P500.00) PESOS
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500.00
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(g) FOR. FILING A
MOTION FOR EXTENSION TO FILE A PLEADING WHEN ALLOWED BY THE RULES -
THREE HUNDRED (P300.00) PESOS
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300.00
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(h)
FOR FILING A MOTION FOR POSTPONEMENT - FIVE HUNDRED (P500.00) PESOS
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500.00
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(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
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1,000.00
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(j)
FOR PERSONAL SERVICE OF WRITS, ORDERS AND DECISIONS OUTSIDE METRO
MANILA - ONE THOUSAND (P1,000.00) PESOS
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1,000.00
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(k)
FOR PERSONAL REMAND OF RECORDS TO THE LOWER COURTS - FIVE HUNDRED
(P500.00) PESOS
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500.00
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(l)
FOR PROCESSING OF TRAVEL PERMIT - ONE THOUSAND (P1,000.00) PESOS
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1,000.00
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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 -
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1) Two (2%) per
centum on all sums not exceeding FORTY THOUSAND (P40,000.00) PESOS.
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1 ¼%
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¾%
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2) One and a half (1 1/2%) per centum on all
sums in excess of FORTY THOUSAND (P40,000.00) PESOS.
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¾%
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¾%
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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.
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JDF
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SAJ
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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;
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1,950.00
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300.00
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(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;
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1,900.00
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350.00
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(c) Other Bar Fees. - For the issuance of:
1.
Certification of admission to the Philippine
Bar
P100.00
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45.00
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55.00
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2.
Certificate of good standing
(local)
P 100.00
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50.00
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50.00
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3. Certificate of
good standing (foreign)
P 500.00
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100.00
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400.00
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4. Verification of
membership in the Bar
P 100.00
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49.00
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51.00
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5.
Certificate of grades in the Bar
examinations
P 100.00
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45.00
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55.00
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6.
Other certification of records at the Bar Office, per
page
P 50.00
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14.00
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36.00
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7.
A duplicate diploma of admission to the Philippine
Bar
P 500.00
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400 .00
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100.00
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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)
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30.00
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70.00
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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:
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From effectivity to Nov. 10, 2004
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JDF
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SAJ
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1.
Less than P100,000.00.........
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P 625.00
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P 400.00
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P 225.00
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2.
P100,000.00 or more but less than P150,000.00................
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1,000.00
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650.00
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350.00
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3.
P150,000.00 or more but less than P200,000.00................
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1,250.00
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800.00
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450.00
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4.
P200,000.00 or more but less than P250,000.00................
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1,875.00
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1,250.00
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625.00
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5.
P250,000.00 or more but less than P300,000.00.................
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2,190.00
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1,450.00
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740.00
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6.
P300,000.00 or more but less than P350,000.00.................
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2,500.00
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1,650.00
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850.00
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7.
P350,000.00 or more but not more than P400,000.00
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2,820.00
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1,850.00
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970.00
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8.
For each P1,000.00 in excess of P400,000.00 ………………..
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12.50
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8.00
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4.50
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Nov. 11, 2004 to Nov. 10, 2005
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JDF
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SAJ
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1. Less
than P100,000.00.........
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P
750.00
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P 400.00
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P
350.00
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2.
P100,000.00 or more but less than P150,000.00.........
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1,200.00
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650.00
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550.00
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3.
P150,000.00 or more but less than P200,000.00................
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1,500.00
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800.00
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700.00
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4.
P200,000.00 or more but less than P250,000.00................
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2,250.00
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1,250.00
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1,000.00
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5.
P250,000.00 or more but less than P300,000.00................
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2,630.00
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1,450.00
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1,180.00
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6.
P300,000.00 or more but less than P350,000.00.................
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3,000.00
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1,650.00
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1,350.00
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7.
P350,000.00 or more but not more than P400,000.00.......
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3,380.00
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1,850.00
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1,530.00
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8. For each
P1,000.00 in excess of P400,000.00..................
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15.00
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8.00
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7.00
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Nov. 11, 2005 to Nov. 10, 2006
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JDF
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SAJ
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1.
Less than P100,000.00.........
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P
875.00
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P
400.00
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P
475.00
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2.
P100,000.00 or more but less than P150,000.00................
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1,400.00
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650.00
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750.00
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3.
P150,000.00 or more but less than P200,000.00.............
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1,750.00
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800.00
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950.00
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4.
P200,000.00 or more but less than P250,000.00................
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2,625.00
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1,250.00
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1,375.00
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5.
P250,000.00 or more but less than P300,000.00.................
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3,070.00
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1,450.00
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1,620.00
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6.
P300,000.00 or more but less than P350,000.00.................
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3,500.00
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1,650.00
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1,850.00
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7.
P350,000.00 or more but not more than P400.000.00.......
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4,000.00
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1,850.00
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2,150.00
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8.
For each P1,000.00 in excess of P400,000.00..................
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17.50
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8.00
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9.50
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Effective Nov. 11, 2006
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JDF
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SAJ
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1.
Less than P100,000.00.........
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P
1,000.00
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P
400.00
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P
600.00
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2.
P100,000.00 or more but less than P150,000.00................
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1,600.00
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650.00
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950.00
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3.
P150,000.00 or more but less than P200,000.00................
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2,000.00
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800.00
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1,200.00
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4.
P200,000.00 or more but less than P250,000.00................
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3,000.00
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1,250.00
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1,750.00
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5.
P250,000.00 or more but less than P300,000.00.................
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3,500.00
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1,450.00
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2,050.00
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6.
P300,000.00 or more but less than P350,000.00.................
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4,000.00
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1,650.00
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2,350.00
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7.
P350,000.00 or more but not more than P400,000.00........
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4,500.00
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1,850.00
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2,650.00
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8.
For each P1,000.00 in excess of P400,000.00..................
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20.00
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8.00
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12.00
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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:
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From effectivity to Nov. 10, 2004
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JDF
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SAJ
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1.
Actions where the value of the subject matter cannot be estimated..........
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P 750.00
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P 400.00
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P 350.00
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2.
Special civil actions, except judicial foreclosure of mortgage,
EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall
be governed by paragraph (a) above...........
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750.00
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568.00
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182.00
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3.
All other actions not involving property.........................
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750.00
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568.00
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182.00
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November 11, 2004 to November 10, 2005
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JDF
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SAJ
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1.
Actions where the value of the subject matter cannot be estimated..........
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P 1,000.00
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P 400.00
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P 600.00
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2.
Special civil actions, except judicial foreclosure of mortgage,
EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall
be governed by paragraph (a) above..........
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1,000.00
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568.00
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432.00
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3.
All other actions not involving property........................
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1,000.00
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568.00
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432.00
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Nov. 11, 2005 to Nov. 10, 2006
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JDF
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SAJ
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1.
Actions where the value of the subject matter cannot be estimated..........
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P 1,500.00
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P 400.00
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P 1,100.00
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2.
Special civil actions, except judicial foreclosure of mortgage,
EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall
be governed by paragraph (a) above...........
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1,500.00
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568.00
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932.00
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3.
All other actions not involving property
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1,500.00
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568.00
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932.00
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Effective Nov. 11, 2006
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JDF
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SAJ
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1.
Actions where the value of the subject matter cannot be estimated..........
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P 2,000.00
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P 400.00
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P 1,600.00
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2.
Special civil actions, except judicial foreclosure of mortgage,
EXPROPRIATION PROCEEDINGS, PARTITION AND QUIETING OF TITLE which shall
be governed by paragraph (a) above.........
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2,000.00
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568.00
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1,432.00
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3.
All other actions not involving property........................
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2,000.00
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568.00
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1,432.00
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(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:
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From effectivity to Nov. 10, 2004
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JDF
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SAJ
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1.
Less than P50,000.00...........
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P 350.00
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P 275.00
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P 75.00
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2.
P50,000.00 or more but less than P100,000.00...........
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500.00
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400.00
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100.00
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3.
P100,000.00 or more but less than P150,000.00...........
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625.00
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500.00
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125.00
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4.
P150,000.00 or more but. less than P200,000.00...........
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820.00
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650.00
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170.00
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5.
P200,000.00 or more but less than P250,000.00...........
|
1,250.00
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1,000.00
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250.00
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6.
P250,000.00 or more but less than P300,000.00...........
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1,570.00
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1250.00
|
320.00
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7.
P300,000.00 or more but less than P400,000.00....
|
1,875.00
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1,500.00
|
375.00
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|
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
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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:
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|
|
|
1)
TWO (2%) PER CENTUM ON ALL SUMS NOT EXCEEDING FORTY THOUSAND
(P40,000.00) PESOS; AND
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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.
|
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100.00
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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.
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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.
|
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|
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
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|
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.
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3,000.00
1,500.00
|
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(h)
FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES OF
VOTERS, ONE HUNDRED (P100.00) PESOS;
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100.00
|
|
|
|
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(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:
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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
|
|
|
|
|
|
|
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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.
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(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;
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300.00
|
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(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.
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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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