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RULE 135

Powers and Duties of Courts and Judicial Officers

Section 1.Courts always open; justice to be promptly and impartially administered. Courts ofjustice shall always be open, except on legal holidays, for the filing of any pleading, motion or

other papers, for the trial of cases, hearing of motions, and for the issuance of orders or rendition

of judgments. Justice shall be impartially administered without unnecessary delay.

Sec 2.Publicity of proceedings and records. The sitting of every court of justice shall bepublic, but any court may, in its discretion, exclude the public when the evidence to be adduced

is of such nature as to require their exclusion in the interest of morality or decency. The records

of every court of justice shall be public records and shall be available for the inspection of any

interested person, at all proper business hours, under the supervision of the cler having custody

of such records, unless the court shall, in any special case, have forbidden their publicity, in theinterest of morality or decency.

Section 3.Process of superior courts enforced throughout the Philippines. !rocess issuedfrom a superior court in which a case is pending to bring in a defendant, or for the arrest of any

accused person, or to execute any order or judgment of the court, may be enforced in any part of

the !hilippines.

Section 4.Process of inferior courts. The process of inferior courts shall be enforceablewithin the province where the municipality or city lies. "t shall not be served outside the

boundaries of the province in which they are compromised except with the approval of the judge

of first instance of said province, and only in the following cases#

$a% &hen an order for the delivery of personal property lying outside the province is to becomplied with'

$b% &hen an attachment of real or personal property lying outside the province is to be

made'

$c% &hen the action is against two or more defendants residing in different provinces' and

$d% &hen the place where the case has been brought is that specified in a contract in

writing between the parties, or is the place of the execution of such contract as appearstherefrom.

&rits of execution issued by inferior courts may be enforced in any part of the part of the

!hilippines without any previous approval of the judge of first instance.

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the hearings may be had at any place in the judicial district which the judge shall deem

convenient.

Section #.Signing judgments out of province. &henever a judge appointed or assigned in anyprovince or branch of a Court of irst "nstance in a province shall leave the province by transfer

or assignment to another court of equal jurisdiction, or by expiration of his temporaryassignment, without having decided a case totally heard by him and which was argued or an

opportunity given for argument to the parties or their counsel, it shall be lawful for him toprepare and sign his decision in said case anywhere within the !hilippines. -e shall send the

same by registered mail to the cler of the court where the case was heard or argued to be filed

therein as of the date when the same was received by the cler, in the same manner as if he hadbeen present in court to direct the filing of the judgment. "f a case has been heard only in part, the

upreme Court, upon petition of any of the parties to the case and the recommendation of the

respective district judge, may also authori)e the judge who has partly heard the case, if no otherjudge had heard the case in part, to continue hearing and to decide said case notwithstanding his

transfer or appointment to another court of equal jurisdiction.

RULE 13

Court Record and $eneral Duties of Cler% and Steno&ra'(ers

Section 1.Arms and great seal of court. The arms and great seal of the upreme Court are

these#

Arms !aleways of two pieces a)ure andgulessuperimposed a balance or center with two

tablets containing the commandments of /od or on either side' a chief argent with three mulletsor equidistant from each other' in point of honor, avoid argent over all the sun rayonant or with

eight major and minor rays.

The great seal of the upreme Court shall be circular in form, with the arms as described in the

last preceding paragraph and a scroll argent with the following inscriptions#e! Populus"ue, andsurrounding the whole a garland of laurel leaves' in or around the garland the text 0upreme

Court, 1epublic of the !hilippines.0

The arms and the seal of the Court of *ppeals shall be the same as that of the upreme Courtwith the only difference that in the seal shall bear around the garland and text 0Court of *ppeals,1epublic of the !hilippines.0

The arms and the seal of the Court of irst "nstance shall be the same as that of the upreme

Court with the only difference that in the seal shall bear around the garland and text 0Court of

irst "nstance, the name of the province, 1epublic of the !hilippines.0

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Section 2.Style of process. !rocess shall be under the seal of the court from which it issues,

be stayed 01epublic of the !hilippines, !rovince or City of . . . . . . . . . . . . . . . .0 to be signed by

the cler and bear date the day it actually issued.

Section 3.Cler#$s office. The cler2s office, with the cler or his deputy in attendance, shall be

open during business hours on all days except undays and legal holidays. The cler of theupreme Court and that of the Court of *ppeals shall eep office at 3anila and all papers

authori)ed or required to be filed therein shall be filed at 3anila.

Section 4.Issuance by cler# of process. The cler of a superior court shall issue under the seal

of the court all ordinary writs and process incident to pending cases, the issuance of which does

not involve the exercise of functions appertaining to the court or judge only' and may, under thedirection of the court or judge, mae out and sign letters of administration, appointments of

guardians, trustees, and receivers, and all writs and process issuing from the court.

Section 5.%uties of the cler# in the absence or by direction of the judge. "n the absence of the

judge, the cler may perform all the duties of the judge in receiving applications, petitions,inventories, reports, and the issuance of all orders and notices that follows as a matter of course

under these rules, and may also, when directed so to do by the judge, receive the accounts of

executors, administrators, guardians, trustees, and receivers, and all evidence relating to them, or

to the settlement of the estates of deceased persons, or to guardianship, trusteeships, orreceiverships, and forthwith transmit such reports, accounts, and evidence to the judge, together

with his findings in relation to the same, if the judge shall direct him to mae findings and

include the same in his report.

Section .Cler# shall receive papers and prepare minutes. The cler of each superior court

shall receive and file all pleadings and other papers properly presented, endorsing on each such

paper the time when it was filed, and shall attend all of the sessions of the court enter itsproceedings for each day in a minute boo to be ept by him.

Section !.Safe#eeping of property. The cler shall safely eep all records, papers, files,

exhibits and public property committed to his charge, including the library of the court, and the

seals and furniture belonging to his office.

Section ".&eneral doc#et. The cler shall eep a general docet, each page of which shall benumbered and prepared for receiving all the entries in a single case, and shall enter therein all

cases, numbered consecutively in the order in which they were received, and, under the heading

of each case and complete title thereof, the date of each paper filed or issued, of each order or

judgment entered, and of each other step taen in the case so that by reference to a single pagethe history of the case may be seen.

Section #.'udgment and entries boo#. The cler shall eep a judgment boo containing a

copy of each judgment rendered by the court in order of its date, and a boo of entries ofjudgments containing at length in chronological order entries of all final judgments or orders of

the court.

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Section 1).(!ecution boo#. The cler shall eep an execution boo in which he or his deputy

shall record at length in chronological order each execution, and the officer2s return thereon, by

virtue of which real property has been sold.

Section 11.Certified copies. The cler shall prepare, for any person demanding the same, a

copy certified under the seal of the court of any paper, record, order, judgment, or entry in hisoffice, proper to be certified, for the fees prescribed by these rules.

Section 12.)ther boo#s and duties. The cler shall eep such other boos and perform suchother duties as the court may direct.

Section 13.Inde!; separating cases. The general docet, judgment boo, entries boo and

execution boo shall each be indexed in alphabetical order in the names of the parties, and each

of them. "f the court so directs, the cler shall eep two or more of either or all of the boos anddocets above mentioned, separating civil from criminal cases, or actions from special

proceedings, or otherwise eeping cases separated by classes as the court shall deem best.

Section 14.Ta#ing of record from the cler#$s office. 4o record shall be taen from the cler2s

office without an order of the court except as otherwise provided by these rules. -owever, theolicitor /eneral or any of his assistants, the provincial fiscal or his deputy, the attorneys de

oficio shall be permitted, proper receipt, to withdraw from the cler2s office the record of any

cases in which they are interested.

Section 15.*nprinted papers. *ll unprinted documents presented to the superior courts of the!hilippines shall be written on paper of good quality twelve and three inches in length by eight

and one5half inches in width, leaving a margin at the top and the left5hand side not less than one

inch and one5half in width.Papel catalan, of the first and second classes, legal cap, and

typewriting paper of such weight as not to permit the writing of more than one original and twocarbons at one time, will be accepted, provided that such papers is of the required si)e and of

good quality. 6ocuments written with in shall not be of more than twenty5five lines to one page.Typewritten documents shall be written double spaced. +ne side only of the page will be written

upon, and the different sheets will be sewn together, firmly, by five stitches in the left 5hand

border in order to facilitate the formation of the e!pediente, and they must not be doubled.

Section 1.Printed papers. *ll papers require by these rules to be printed shall be printedwith blan in on ungla)ed paper, with pages six inches in width by nine inches in length, in

pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of

sufficient weight to prevent the printing upon one side from being visible upon the other.

Section 1!.Stenographer. "t shall be the duty of the stenographer who has attended a sessionof a court either in the morning or in the afternoon, to deliver to the cler of court, immediately

at the close of such morning or afternoon session, all the notes he has taen, to be attached to the

record of the case' and it shall liewise be the duty of the cler to demand that the stenographercomply with said duty. The cler of court shall stamp the date on which such notes are received

by him. &hen such notes are transcribed the transcript shall be delivered to the cler, duly

initiated on each page thereof, to be attached to the record of the case.

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&henever requested by a party, any statement made by a judge of first instance, or by a

commissioner, with reference to a case being tried by him, or to any of the parties thereto, or to

any witness or attorney, during the hearing of such case, shall be made of record in thestenographic notes.

Section 1".%oc#et and other records of interior courts. (very justice of the peace andmunicipal judge shall eep a well5bound boo labeled 0docet0 in which he shall enter for each

case#

$a% The title of the case including the names of all the parties'

$b% The nature of the case, whether civil or criminal, and if the latter, the offense charged'

$c% The date of issuing preliminary and intermediate process including orders of arrest

and subpoenas, and the date and nature of the return thereon'

$d% The date of the appearance or default of the defendant'

$e% The date of presenting the plea, answer, or motion to quash, and the nature of thesame'

$f% The minutes of the trial, including the date thereof and of all adjournments'

$g% The names and addresses of all witnesses'

$h% The date and nature of the judgment, and, in a civil case, the relief granted'

$i% *n itemi)ed statement of the coast'

$j% The date of any execution issued, and the date and contents of the return thereon'

$% The date of any notice of appeal filed, and the name of the party filing the same.

* justice of the peace or municipal judge may eep two docets, one for civil and one for

criminal cases. -e shall also eep all the pleadings and other papers and exhibits in cases

pending in his court, and shall certify copies of his docet entries and other records proper to becertified, for the fees prescribed by these rules. "t shall be necessary for the justice of peace or

municipal judge to reduce writing the testimony of witnesses, except that of the accused in

preliminary investigations.

Section 1#.(ntry on doc#et of interior courts. (ach justice of the peace or municipal judgeshall, at the beginning and in from of all his entries in his docet, mae and subscribe

substantially the following entry#

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Section 1.,ho may practice law. *ny person heretofore duly admitted as a member of the

bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in

good and regular standing, is entitled to practice law.

Section 2.-e"uirements for all applicants for admission to the bar. (very applicant for

admission as a member of the bar must be a citi)en of the !hilippines, at least twenty5one yearsof age, of good moral character, and resident of the !hilippines' and must produce before the

upreme Court satisfactory evidence of good moral character, and that no charges against him,involving moral turpitude, have been filed or are pending in any court in the !hilippines.

Section 3.-e"uirements for lawyers who are citi.ens of the *nited States of America.

Citi)ens of the 7nited tates of *merica who, before July 8, 9:8;, were duly licensed membersof the !hilippine

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commercial law, remedial law, criminal law, public and private international law, political law,

labor and social legislation, medical jurisprudence, taxation and legal ethics.

Section .Pre/aw. 4o applicant for admission to the bar examination shall be admittedunless he presents a certificate that he has satisfied the ecretary of (ducation that, before he

began the study of law, he had pursued and satisfactorily completed in an authori)ed andrecogni)ed university or college, requiring for admission thereto the completion of a four5year

high school course, the course of study prescribed therein for a bachelor2s degree in arts orsciences with any of the following subjects as major or field of concentration# political science,

logic, english, spanish, history and economics.

Section !.Time for filing proof of "ualifications. *ll applicants for admission shall file withthe cler of the upreme Court the evidence required by section = of this rule at least fifteen $9>%

days before the beginning of the examination. "f not embraced within section ? and 8 of this rule

they shall also file within the same period the affidavit and certificate required by section >, and

if embraced within sections ? and 8 they shall exhibit a license evidencing the fact of their

admission to practice, satisfactory evidence that the same has not been revoed, and certificatesas to their professional standing. *pplicants shall also file at the same time their own affidavits as

to their age, residence, and citi)enship.

Section ".0otice of Applications. 4otice of applications for admission shall be published bythe cler of the upreme Court in newspapers published in !ilipino, (nglish and panish, for at

least ten $9@% days before the beginning of the examination.

Section #.(!amination; subjects. *pplicants, not otherwise provided for in sections ? and 8of this rule, shall be subjected to examinations in the following subjects# Civil Aaw' Aabor and

ocial Aegislation' 3ercantile Aaw' Criminal Aaw' !olitical Aaw $Constitutional Aaw, !ublic

Corporations, and !ublic +fficers%' "nternational Aaw $!rivate and !ublic%' Taxation' 1emedialAaw $Civil !rocedure, Criminal !rocedure, and (vidence%' Aegal (thics and !ractical (xercises$in !leadings and Conveyancing%.

Section 1).1ar e!amination+ by "uestions and answers+ and in writing. !ersons taing the

examination shall not bring papers, boos or notes into the examination rooms. The questions

shall be the same for all examinees and a copy thereof, in (nglish or panish, shall be given toeach examinee. (xaminees shall answer the questions personally without help from anyone.

7pon verified application made by an examinee stating that his penmanship is so poor that it will

be difficult to read his answers without much loss of time., the upreme Court may allow such

examinee to use a typewriter in answering the questions. +nly noiseless typewriters shall beallowed to be used.

The committee of bar examiner shall tae such precautions as are necessary to prevent the

substitution of papers or commission of other frauds. (xaminees shall not place their names onthe examination papers. 4o oral examination shall be given.

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Section 11.Annual e!amination. (xaminations for admission to the bar of the !hilippines

shall tae place annually in the City of 3anila. They shall be held in four days to be disignated

by the chairman of the committee on bar examiners. The subjects shall be distributed as follows#irst day# !olitical and "nternational Aaw $morning% and Aabor and ocial Aegislation

$afternoon%' econd day# Civil Aaw $morning% and Taxation $afternoon%' Third day# 3ercantile

Aaw $morning% and Criminal Aaw $afternoon%' ourth day# 1emedial Aaw $morning% and legal(thics and !ractical (xercises $afternoon%.

Section 12.Committee of e!aminers. (xaminations shall be conducted by a committee of bar

examiners to be appointed by the upreme Court. This committee shall be composed of a Justice

of the upreme Court, who shall act as chairman, and who shall be designated by the court toserve for one year, and eight members of the bar of the !hilippines, who shall hold office for a

period of one year. The names of the members of this committee shall be published in each

volume of the official reports.

Section 13.%isciplinary measures. 4o candidate shall endeavor to influence any member of

the committee, and during examination the candidates shall not communicate with each other norshall they give or receive any assistance. The candidate who violates this provisions, or any other

provision of this rule, shall be barred from the examination, and the same to count as a failureagainst him, and further disciplinary action, including permanent disqualification, may be taen

in the discretion of the court.

Section 14.Passing average. "n order that a candidate may be deemed to have passed his

examinations successfully, he must have obtained a general average of B> per cent in all subjects,without falling below >@ per cent in any subjects. "n determining the average, the subjects in the

examination shall be given the following relative weights# Civil Aaw, 9> per cent' Aabor and

ocial Aegislation, 9@ per cent' 3ercantile Aaw, 9> per cent' Criminal Aaw' 9@ per cent# !olitical

and "nternational Aaw, 9> per cent' Taxation, 9@ per cent' 1emedial Aaw, =@ per cent' Aegal(thics and !ractical (xercises, > per cent.

Section 15.-eport of the committee; filing of e!amination papers. 4ot later than ebruary

9>th after the examination, or as soon thereafter as may be practicable, the committee shall fileits report on the result of such examination. The examination papers and notes of the committee

shall be filed with the cler and may there be examined by the parties in interest, after the court

has approved the report.

Section 1.2ailing candidates to ta#e review course. Candidates who have failed the barexaminations for three times shall be disqualified from taing another examination unless they

show the satisfaction of the court that they have enrolled in and passed regular fourth year review

classes as well as attended a pre5bar review course in a recogni)ed law school.

The professors of the individual review subjects attended by the candidates under this rule shallcertify under oath that the candidates have regularly attended classes and passed the subjects

under the same conditions as ordinary students and the ratings obtained by them in the particular

subject.

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Section 1!.Admission and oath of successful applicants. *n applicant who has passed the

required examination, or has been otherwise found to be entitled to admission to the bar, shall

tae and subscribe before the upreme Court the corresponding oath of office.

Section 1".Certificate. The supreme Court shall thereupon admit the applicant as a member

of the bar for all the courts of the !hilippines, and shall direct an order to be entered to that effectupon its records, and that a certificate of such record be given to him by the cler of court, which

certificate shall be his authority to practice.

Section 1#.Attorney$s roll. The cler of the upreme Court shall ept a roll of all attorneys

admitted to practice, which roll shall be signed by the person admitted when he receives his

certificate.

Section 2).%uties of attorneys. "t is the duty of an attorney#

$a% To maintain allegiance to the 1epublic of the !hilippines and to support the

Constitution and obey the laws of the !hilippines.

$b% To observe and maintain the respect due to the courts of justice and judicial officers'

$c% To counsel or maintain such actions or proceedings only as appear to him to be just,

and such defenses only as he believes to be honestly debatable under the law.

$d% To employ, for the purpose of maintaining the causes confided to him, such meansonly as are consistent with truth and honor, and never see to mislead the judge or any

judicial officer by an artifice or false statement of fact or law'

$e% To maintain inviolate the confidence, and at every peril to himself, to preserve thesecrets of his client, and to accept no compensation in connection with his client2s

business except from him or with his nowledge and approval'

$f% To abstain from all offensive personality and to advance no fact prejudicial to the

honor or reputation of a party or witness, unless required by the justice of the cause withwhich he is charged'

$g% 4ot to encourage either the commencement or the continuance of an action or

proceeding, or delay any man2s cause, from any corrupt motive or interest'

$h% 4ever to reject, for any consideration personal to himself, the cause of the defenselessor oppressed'

$i% "n the defense of a person accused of crime, by all fair and honorable means,

regardless of his personal opinion as to the guilt of the accused, to present every defense

that the law permits, to the end that no person may be deprived of life or liberty, but bydue process of law.

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Section 21.Authority of attorney to appear. an attorney is presumed to be properly authori)ed

to represent any cause in which he appears, and no written power of attorney is required to

authori)e him to appear in court for his client, but the presiding judge may, on motion of eitherparty and on reasonable grounds therefor being shown, require any attorney who assumes the

right to appear in a case to produce or prove the authority under which he appears, and to

disclose, whenever pertinent to any issue, the name of the person who employed him, and maythereupon mae such order as justice requires. *n attorneys wilfully appear in court for a person

without being employed, unless by leave of the court, may be punished for contempt as an

officer of the court who has misbehaved in his official transactions.

Section 22.Attorney who appears in lower court presumed to represent client on appeal. *nattorney who appears de parte in a case before a lower court shall be presumed to continue

representing his client on appeal, unless he files a formal petition withdrawing his appearance in

the appellate court.

Section 23.Authority of attorneys to bind clients. *ttorneys have authority to bind their

clients in any case by any agreement in relation thereto made in writing, and in taing appeals,and in all matters of ordinary judicial procedure.

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stipulated in the contract. -owever, the attorney may, in the discretion of the court, intervene in

the case to protect his rights. or the payment of his compensation the attorney shall have a lien

upon all judgments for the payment of money, and executions issued in pursuance of suchjudgment, rendered in the case wherein his services had been retained by the client.

Section 2!.Attorneys removed or suspended by Supreme Court on what grounds. * memberof the bar may be removed or suspended from his office as attorney by the upreme Court for

any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or byreason of his conviction of a crime involving moral turpitude, or for any violation of the oath

which he is required to tae before the admission to practice, or for a wilfull disobedience of any

lawful order of a superior court, or for corruptly or willful appearing as an attorney for a party toa case without authority so to do. The practice of soliciting cases at law for the purpose of gain,

either personally or through paid agents or broers, constitutes malpractice.

Section 2".Suspension of attorney by the Court of Appeals or a Court of 2irst Instance. The

Court of *ppeals or a Court of irst "nstance may suspend an attorney from practice for any of

the causes named in the last preceding section, and after such suspension such attorney shall notpractice his profession until further action of the upreme Court in the premises.

Section 2#.*pon suspension by the Court of Appeals or Court of 2irst Instance+ further

proceedings in Supreme Court. 7pon such suspension, the Court of *ppeals or the Court ofirst "nstance shall forthwith transmit to the upreme Court a certified copy of the order of

suspension and a full statement of the facts upon which the same was based. 7pon the receipt of

such certified copy and statement, the upreme Court shall mae a full investigation of the factsinvolved and mae such order revoing or extending the suspension, or removing the attorney

from his office as such, as the facts warrant.

Section 3).Attorney to be heard before removal or suspension. 4o attorney shall be removedor suspended from the practice of his profession, until he has had full opportunity uponreasonable notice to answer the charges against him, to produce witnesses in his own behalf, and

to be heard by himself or counsel.

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hundred pesos $!9@@% in less grave felonies' $?% Two hundred pesos $!=@@% in grave felonies

other than capital offenses' $8% ive -undred pesos $!>@@% in capital offenses.

Section 33.Standing in court of person authori.ed to appear for &overnment. *ny official orother person appointed or designated in accordance with law to appear for the /overnment of the

!hilippines shall have all the rights of a duly authori)ed member of the bar to appear in any casein which said government has an interest direct or indirect.

Section 34.1y whom litigation conducted. "n the court of a justice of the peace a party mayconduct his litigation in person, with the aid of an agent or friend appointed by him for the

purpose, or with the aid an attorney. "n any other court, a party may conduct his litigation

personally or by aid of an attorney, and his appearance must be either personal or by a dulyauthori)ed member of the bar.

Section 35.Certain attorneys not to practice. 4o judge or other official or employee of the

superior courts or of the +ffice of the olicitor /eneral, shall engage in private practice as a

member of the bar or give professional advice to clients.

Section 3.Amicus Curiae. (xperienced and impartial attorneys may be invited by the Courtto appear as amici curiae to help in the disposition of issues submitted to it.

Section 3!.Attorneys$ liens. *n attorney shall have a lien upon the funds, documents and

papers of his client which have lawfully come into his possession and may retain the same until

his lawful fees and disbursements have been paid, and may apply such funds to the satisfactionthereof. -e shall also have a lien to the same extent upon all judgments for the payment of

money, and executions issued in pursuance of such judgments, which he has secured in a

litigation of his client, from and after the time when he shall have the caused a statement of his

claim of such lien to be entered upon the records of the court rendering such judgment, or issuingsuch execution, and shall have the caused written notice thereof to be delivered to his client and

to the adverse paty' and he shall have the same right and power over such judgments andexecutions as his client would have to enforce his lien and secure the payment of his just fees and

disbursements.

RULE 13"/+

Law Student Practice Rule

Section 1.Conditions for student practice3 * law student who has successfully completed his?rd year of the regular four5year prescribed law curriculum and is enrolled in a recogni)ed law

school2s clinical legal education program approved by the upreme Court, may appear without

compensation in any civil, criminal or administrative case before any trial court, tribunal, boardor officer, to represent indigent clients accepted by the legal clinic of the law school.

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Section 2.Appearance3 The appearance of the law student authori)ed by this rule, shall be

under the direct supervision and control of a member of the "ntegrated

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complaint, accompanied with all the evidence introduced in his investigation, with the upreme

Court, and the respondent shall be served by the cler of the upreme Court with a copy of the

complaint with direction to answer the same within fifteen $9>% days.

Section .(vidence produced before Solicitor &eneral available3 The evidence produced

before the olicitor /eneral in his investigation may be considered by the upreme Court in thefinal decision of the case, if the respondent had an opportunity to object and cross5examine. "f in

the respondent2s answer no statement is made as to any intention of introducing additionalevidence, the case shall be set down for hearing, upon the filing of such answer or upon the

expiration of the time to file the same.

Section !.Commissioner to investigate and recommend31ules of evidence. 7pon receipt ofthe respondent2s answer, wherein a statement is made as to his desire to introduce additional

evidence, the case shall be referred to a commissioner who, in the discretion of the court, may be

the cler of the upreme Court, a judge of first instance, or an attorney5at5law for investigation,

report, and recommendation. The olicitor /eneral or his representative shall appear before the

commissioner to conduct the prosecution. The respondent shall be given full opportunity todefend himself, to produce additional evidence in his own behalf, and to be heard by himself and

counsel. -owever, if upon reasonable notice the respondent fails to appear, the investigationshall proceed ex parte. The rules of evidence shall be applicable to proceedings of this nature.

Section ".-eport of commissioner and hearing3 7pon receipt of the report of the

commissioner, copies of which shall be furnished the olicitor /eneral and the respondent, the

case shall be set down for hearing before the court, following which the case shall be consideredsubmitted to the court for its final determination.

Section #.Procedure in Court of Appeals or Courts of 2irst Instance3 *s far as may be

applicable, the procedure above outlined shall liewise govern the filing and investigation ofcomplaints against attorneys in the Court of *ppeals or in Courts of irst "nstance. "n case ofsuspension of the respondent, the judge of the court of first instance or Justice of the Court of

*ppeals shall forthwith transmit to the upreme Court a certified copy of the order of suspension

and a full statement of the facts upon which same is based.

Section 1).Confidential3 !roceedings against attorneys shall be private and confidential,except that the final order of the court shall be made public as in other cases coming before the

court.

RULE 13#/+

nte&rated ar of t(e P(ili''ines

Section 1.)rgani.ation. There is hereby organi)ed an official national body to be nown as

the 0"ntegrated

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Section 2.Purposes. The fundamental purposes of the "ntegrated

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$b% (ach congressional district of the City of 3anila'

$c% Fue)on City'

$d% Caloocan City, 3alabon and 4avotas'

$e% !asay City, 3aati, 3andaluyong and an Juan del 3onte'

$f% Cebu City' and

$g% Gamboanga City and

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the representation basis of one /overnor from each 1egion. (ach /overnor shall be chosen from

a list of nominees submitted by the 6elegates from the 1egion, provided that not more than one

nominee shall come from any Chapter. The !resident and the (xecutive Eice !resident, if chosenby the /overnors from outside of themselves as provided in ection B of this 1ule, shall ipso

factobecome members of the

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elect an *cting !resident to hold office until the next succeeding election or during the period of

disability.

The filling of vacancies in the -ouse of 6elegates,

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Section 15.2iscal matters. The

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Dis0ar-ent and Disci'line of +ttorne,s

Section 1.5ow Instituted. !roceedings for the disbarment, suspension, or discipline of

attorneys may be taen by the upreme Court motu propio, or by the "ntegrated

Chapter

/overnors for assignment to an investigator.

+. PROCEED$S E E$R+ED +R O E PLPPES

Section 2.0ational &rievance Investigators. The

$?% investigators to investigate the complaint. *ll "nvestigators shall tae an oath of office in the

form prescribed by the

members of the "

Section 3.%uties of the 0ational &rievance Investigator. The 4ational /rievance

"nvestigators shall investigate all complaints against members of the "ntegrated

Section 5.Service or dismissal. "f the complaint appears to be meritorious, the "nvestigator

shall direct that a copy thereof be served upon the respondent, requiring him to answer the same

within fifteen $9>% days from the date of service. "f the complaint does not merit action, or if theanswer shows to the satisfaction of the "nvestigator that the complaint is not meritorious, the

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same may be dismissed by the days fromnotice of the dismissal of the complainant.

4o investigation shall be interrupted or terminated by reason of the desistance, settlement,compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the

same, unless the Supreme Court motu propio or upon recommendation of the I1P 1oard of&overnors+ determines that there is no compelling reason to continue with the disbarment or

suspension proceedings against the respondent. $*mendment pursuant to upreme Court

1esolution dated 3ay =B, 9::? re ;%.

Section .4erification and service of answer. The answer shall be verified. The original and

five $>% legible copies of the answer shall be filed with the "nvestigator, with proof of service of a

copy thereof on the complainant or his counsel.

Section !.Administrative counsel. The "

the "nvestigator shall, with deliberate speed, proceed with the investigation of the case. -e shallhave the power to issue subpoenas and administer oaths. The respondent shall be given full

opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and

counsel. -owever, if upon reasonable notice, the respondent fails to appear, the investigationshall proceed e! parte.

The "nvestigator shall terminate the investigation within three $?% months from the date of itscommencement, unless extended for good cause by the

hearings before the "nvestigator. uch hearing shall as far as practicable be terminated within

fifteen $9>% days from its commencement. Thereafter, the "

lie period of fifteen $9>% days issue a resolution setting forth its findings and recommendations,which shall forthwith be transmitted to the upreme Court for final action and if warranted, the

imposition of penalty.

Section #.%epositions. 6epositions may be taen in accordance with the 1ules of Court withleave of the investigator$s%.

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&ithin the !hilippines, depositions may be taen before any member of the transcript thereof, and all the evidence presented during the investigation. The submission of thereport need not await the transcription of the stenographic notes, it being sufficient that the report

reproduce substantially from the "nvestigator2s personal notes any relevant and pertinent

testimonies.

Section 11.%efects. 4o defect in a complaint, notice, answer, or in the proceeding or the"nvestigator2s 1eport shall be considered as substantial unless the

b% "f the

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d% 4otice of the resolution or decision of the

practice of his profession for any of the causes specified in 1ule 9?, ection =B, during the

pendency of the investigation until such suspension is lifted by the upreme Court.

Section 1.Suspension of attorney by the Court of Appeals or a -egional Trial Court. 1 The

Court of *ppeals or 1egional Trial Court may suspend an attorney from practice for any of the

causes named in 1ule 9?, ection =B 2, until further action of the upreme Court in the case.

Section 1!.*pon suspension by Court of Appeals or -egional Trial Court+ further proceedingsin Supreme Court. 7pon such suspension, the Court of *ppeals or a 1egional Trial Court

shall forthwith transmit to the upreme Court a certified copy of the order of suspension and a

full statement of the facts upon which the same was based. 7pon receipt of such certified copyand statement, the upreme Court shall mae a full investigation of the case and may revoe,

shorten or extend the suspension, or disbar the attorney as the facts may warrant.

Section 1".Confidentiality. !roceedings against attorneys shall be private and confidential.

-owever, the final order of the upreme Court shall be published lie its decisions in other

cases.

Section 1#.(!penses. *ll reasonable and necessary expenses incurred in relation to

disciplinary and disbarment proceedings are lawfull charges for which the parties may be taxed

as costs.

Section 2).(ffectivity and Transitory Provision. This 1ule shall tae effect June 9, 9: andshall supersede the present 1ule 9?: entitled 06"

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*TT+14(0. *ll cases pending investigation by the +ffice of the olicitor /eneral shall be

transferred to the "ntegrated

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Section 5.Action5 *fter the filing of the report, the court will tae such action as the facts and

the law may warrant.

Section .Confidential. 5 !roceedings against judges of first instance shall be private andconfidential.

+.6. O. ))/2/)1/SC

6arc( )18 2)))

RESOLUO +6ED$ RULES 141 9LE$+L EES: O E RULES O COUR

!ursuant to the resolution of the Court of 98 eptember 9::: in *.3. 4o. ::55@95C, 1ule 989of the 1ules of Court is hereby further amended to read as follows#

RULE 141

Le&al ees

Section 1.Payment of fees. 7pon the filing of the pleading or other application which initiatesan action or proceeding, the fees prescribed therefor shall be paid in full. $n%

Section 2.2ees in lien. &here the court in its final judgment awards a claim not alleged, or a

relief different from, or more than that claimed in the pleading, the party concerned shall pay the

additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerof court shall assess and collect the corresponding fees. $n%

Section 3.Persons authori.ed to collect legal fees. (xcept as otherwise provided in this rule,

the officers and persons hereinafter mentioned, together with their assistants and deputies, may

demand, receive, and tae the several fees hereinafter mentioned and allowed for any business bythem respectively done by virtue of their several offices, and no more. *ll fees so collected shall

be forthwith remitted to the upreme Court. The fees collected shall accrue to the general fund.

-owever, all increases in the legal fees prescribed in amendments to this rule as well as newlegal fees prescribed herein shall pertain to the Judiciary 6evelopment und as established by

law. The persons herein authori)ed to collect legal fees shall be accountable officers and shall be

required to post bond in such amount as prescribed by law. $la%

Section 4.Cler#s of the Court of Appeals and of the Supreme Court.

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$a% or filing an action, proceeding, appeal by notice or record on appeal when required,

entering appearance of the parties, entering orders of the court, filing and doceting all

motions, doceting of case on all proper docets, and indexing the same, entering,recording and certification of judgment and remanding of records of the lower court,

taxing the costs, administering all necessary oaths or affirmation in the action or

proceeding, recording the opinion of the court, and issuing all necessary process in theaction or proceeding not herein otherwise provided for, each action or special proceeding,

five hundred $!>@@.@@% pesos'

$b% or the performance of marriage ceremony, including issuance of certificate of

marriage, three hundred $!?@@.@@% pesos.

$c% or furnishing transcripts of the record or copies of any record, judgment, or entry of

which any person is entitled to demand and receive a copy, for each page, four $!8.@@%

pesos'

$d% or each certificate not in process, thirty $!?@.@@% pesos'

$e% or every search for anything above a year2s standing and reading the same, fifteen$!9>.@@% pesos'

$f% or a commission on all money coming into his hands rules or order of the court and

caring for the same, two and one5half $=.>H% percent on all sums not exceeding four

thousand $!8,@@@.@@% pesos, and one and one5half $9.>H% percent upon all sums in excessof four thousand $!8,@@@.@% pesos, and one $9H% percent on all sums in excess of forty

thousand $!8@,@@@.@@% pesos. $8a%

Section 5.2ees to be paid by the advancing party. The fees of the cler of the Court of*ppeals or of the upreme Court shall be paid him at the same time of the entry of the action orproceeding in the court by the party who enters the same by appeal or otherwise, and the cler

shall in all cases give a receipt for the same and shall enter the amount received upon his boo,

specifying the date when received, person from whom received, name of action in whichreceived and amount received. "f the fees are not paid, the court may refuse to proceed with the

action until they are paid and may dismiss the appeal or the proceeding. $?a%

Section .2ees of bar candidates.

$a% or filing the application for admission to the bar, whether admitted to the

examination or not, one thousand and seven hundred fifty $!9,B>@.@@% pesos for newapplicants, and for repeaters, plus the additional amount of two hundred $!=@@.@@% pesos

multiplied by the number of times the applicant has failed in the bar examinations'

$b% or admission to the bar, including oath taing, signing of the roll of attorneys, theissuance of diploma of admission to the !hilippine @.@@% pesos'

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$c% +ther @.@@

?. Certificate of good standing $foreign% 9@@.@@

8. Eerification of membership in the bar >@.@@

>. Certificate of grades in the bar examinations >@.@@

;. +ther certification of records at the .@@

B. * duplicate diploma of admission to the !hilippine @@.@@

or services in connection with the return of examination noteboos to examinees, a fee of thirty

$!?@.@@% pesos shall also be charged. $;a%

Section !.Cler#s of -egional Trial Courts.

$a% or filing an action or a permissive counterclaim or money claim against an estate not

based on judgment, or for filing with leave of court a third5party, fourth5party, etc.,

complaint, or a complaint in intervention, and for all clerical services in the same, if thetotal sum claimed, exclusive of interest, or the stated value of the property in litigation, is#

9. Aess than !9@@,@@@.@@ !>@@.@@

=. !9@@,@@@.@@ or more but less than !9>@,@@@.@@ !@@.@@

?. !9>@,@@@.@@ or more but less than !=@@,@@@.@@ !9,@@@.@@

8. !=@@,@@@.@@ or more but less that !=>@,@@@.@@ !9,>@@.@@

>. !=>@,@@@.@@ or more but less than !?@@,@@@.@@ !9,B>@.@@

;. !?@@,@@@.@@ or more but less than !?>@,@@@.@@ !=,@@@.@@

B. !?>@,@@@.@@ or more but not more than !8@@,@@@.@@ !=,=>@.@@

. or each !9,@@@.@@ in excess of 8@@,@@@.@@ !9@.@@

$b% or filing

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9. *ctions where the value of the subject matter cannot be estimated !;@@.@@

=. pecial civil actions except judicial foreclosure of mortgage which shall be

governed by paragraph $a% above ;@@.@@

?. *ll other actions not involving property ;@@.@@

"n a real action, the assessed value of the property, or if there is none, the estimated value

thereof shall be alleged by the claimant and shall be the basis in computing the fees.

$c% or filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if

the amount of indebtedness, or the mortgagee2s claim is#

9. Aess than !>@,@@@.@@ !=B>.@@

=. !>@,@@@.@@ or more but less than !9@@,@@@.@@ !8@@.@@

?. !9@@,@@@.@@ or more but less than !9>@,@@@.@@ !>@@.@@

8. !9>@,@@@.@@ or more but less than !=@@,@@@.@@ !;>@.@@

>. !=@@,@@@.@@ or more but less than !=>@,@@@.@@ !9,@@@.@@

;. !=>@,@@@.@@ or more but less than !?@@,@@@.@@ !9,=>@.@@

B. !?@@,@@@.@@ or more than but less than !8@@,@@@.@@ !9,>@@.@@

. !8@@,@@@.@@ or more but less than !>@@,@@@.@@ !9,B>@.@@

:. !>@@,@@@.@@ or more but not less than !9,@@@,@@@.@@ !=,@@@.@@

9@. ore each !9,@@@.@@ in excess of !9,@@@,@@@.@@ !9@.@@

$d% or initiating proceedings for the allowances 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 theproceedings, which must be stated in the application or petition, as follows#

9. 3ore than !9@@,@@@.@@ but less than !9>@,@@@.@@ !=,@@@.@@

=. !9>@,@@@.@@ or more but less than !=@@,@@@.@@ =,=>@.@@

?. !=@@,@@@.@@ or more but less than !=>@,@@@.@@ =,>@@.@@

8. !=>@,@@@.@@ or more but less than !?@@,@@@.@@ =,B>@.@@

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>. !?@@,@@@.@@ or more but less than !?>@,@@@.@@ ?,@@@.@@

;. !?>@,@@@.@@ or more but not more than !8@@,@@@.@@ ?,=>@.@@

B. or each !9,@@@.@@ in excess of !8@@,@@@.@@ 9@.@@

"f the value of the estate as definitely appraised by the court is more than the valuedeclared in the application, the difference of fee shall be paid# provided that a certificate

from the cler of court that the proper fees have been paid shall be required prior to the

closure of the proceedings.

$e% for filing petitions for naturali)ation or other modes of acquisition of citi)enship, twothousand !=,@@@.@@% pesos'

$f% or filing petitions for adoption, support, annulment of marriage, legal separation and

other actions or proceedings under the amily Code, two hundred $!=@@.@@% pesos'

"f 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 ratesfor special proceedings.

$g% or all other special proceedings not concerning property, two hundred $!=@@.@@%

pesos'

$h% or the performance of the marriage ceremony including issuance of certificate ofmarriage, three hundred $!?@@.@@% pesos'

$i% or filing an application for commission as notary public, five hundred $!>@@.@@%pesos'

$j% or certified copies of any paper, record, decree, judgment, or entry thereof for eachpage, four $!8.@@% and fifteen $!9>.@@% pesos for certification'

$% or a commission on all money coming into the clers2 hands by law, rule, order or

writ of court and caring for the same, one and one5half $9.>H% per centumon all sums not

exceeding forty thousand $!8@,@@@.@@% pesos, and one $9H%per centumon all sums inexcess of forty thousand $!8@,@@@.@@% pesos.

$l% or any other services as cler not provided in this section, one hundred and fifty$!9>@.@@% pesos shall be collected. $Ba%

Section ".Cler#s of Courts of the 2irst evel.

$a% or each civil action or proceeding, where the value of the subject matter involved, orthe amount of the demand, inclusive of interest, damages of whatever ind, attorney2s

fees, litigation expenses, and costs is#

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9. 4ot more than !=@,@@@.@@ !9>@.@@

=. 3ore than !=@,@@@.@@ but not more than !9@@,@@@.@@ >@@.@@

?. 3ore than !9@@,@@@.@@ but not more than !=@@,@@@.@@ 9,=>@.@@

8. 3ore than !=@@,@@@.@@ but not more than !?@@,@@@.@@ 9,B>@.@@

>. 3ore than !?@@,@@@.@@ but not more than !8@@,@@@.@@ =,>@@.@@

"n a real action, other than for forcible entry and unlawful detainer, the assessed value ofthe property or if not declared for taxation purposes, the assessed value of the adjacent

lots, or if there is none, the estimated value thereof shall be alleged by the claimant and

shall be the basis in computing the fees.

$b% or initiating proceedings for the allowance of wills, granting of letters of

administration and settlement of estates of small value, where the value of the estate is#

9. 4ot more than !=@,@@@.@@ !=>@.@@

=. 3ore than !=@,@@@.@@ but not

more than !9@@,@@@.@@ 9,?>@.@@

?. 3ore than !9@@,@@@.@@ but not

more than !=@@,@@@.@@ =,@@@.@@

8. or each proceeding other than the allowance of wills $probate% granting of

letters of administration, settlement of estate of small value, two hundred

$!=@@.@@% pesos'

$c% or forcible entry and unlawful detainer cases, one hundred and fifty $!9>@.@@% pesos'

$d% or appeals in all actions or proceedings, including forcible entry and detainer cases,

taen from courts of first level, two hundred $!=@@.@@% pesos

$e% or the performance of marriage ceremony, including issuance of certificate of

marriage, three hundred $!?@@.@@% pesos'

$f% or taing affidavit, twenty5five $!=>.@@% pesos'

$g% or taing acnowledgment, thirty $!?@.@@% pesos'

$h% or taing and certifying depositions, including oath, per page, eight $!.@@% pesos'

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$i% or certified copies of any record, per page, ten $!9@.@@% pesos'

$j% or stamping and registering boos as required by articles nineteen and thirty5six of

the Code of Commerce each boo, thirty $!?@.@@% pesos'

$% or performing notarial acts for which fees are not specifically fixed in this section,the same fees which notaries public are entitled to receive $a%

Section #.Sheriffs and other persons serving processes.

$a% or serving summons and copy of complaint, for each defendant, sixty $!;@.@@%

pesos'

$b% or serving subpoenas in civil action or proceeding, for each witness to be served,twenty5four $!=8.@@% pesos'

$c% or executing a writ of attachment against the property of defendant, sixty $!;@.@@%pesos'

$d% or serving temporary restraining order, or writ of injunction, preliminary or final, ofany court, sixty $!;@.@@% pesos'

$e% or executing a writ of replevin, sixty $!;@.@@% pesos'

$f% or filing bonds or other instruments of indemnity or security in provisional remedies,

for each bond or instrument, fifty $!>@.@@% pesos'

$g% or executing a writ or process to place a party in possession of the real estates, onehundred and fifty $!9>@.@@% pesos'

$h% or advertising a sale, besides cost of publication, seventy5five $!B>.@@% pesos'

$i% or taing inventory of goods levied upon when the inventory is ordered by the court,

one hundred and fifty $!9>@.@@% pesos per day of actual inventory wor.

$j% or levying on execution on personal or real property, seventy5five $!B>.@@% pesos'

$% or issuing a notice of garnishment, for each notice, thirty $!?@.@@% pesos'

$l% or money collected by him by order, execution, attachment, or any other process,

judicial or extrajudicial, the following sums, to wit#

9. +n the first four thousand $!8,@@@.@@% pesos, five $>H%per centum

=. +n all sums in excess of four thousand $!8,@@@.@@% pesos, two and one5half

$=.>H%per centum

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Section 12.)ther officers ta#ing depositions. +ther officers taing depositions shall receive

the same compensation as above provided for notaries public for taing and certifying

depositions. $9@%

Section 13.,itness fees. $a% &itnesses in the upreme Court, in the Court of *ppeals and in

the 1egional Trial Courts, either in actions or special proceedings, shall be entitled to onehundred $!9@@.@@% pesos per day inclusive of travel time'

$b% &itnesses before courts of the first level shall be allowed fifty $!>@.@@% pesos per day'

$c% ees to which witnesses may be entitled in a civil action shall be allowed, on acertification of the cler of court or judge of his appearance in the case. * 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 onwhich side of a case, when he is summoned by both sides, to claim his attendance. *

person who is compelled to attend court on other business shall not be paid as witness.

$99a%

Section 14.2ees of appraisers. *ppraisers appointed to appraisers appointed to appraise theestate of a ward of a deceased person shall each receive a compensation of two hundred

$!=@@.@@% pesos per day for the time actually and necessarily employed in the performance of

their duties and in maing their reports, which fees, in each instance, shall be paid out of theestate of the ward or deceased person, as the case may be. *ny actual and necessary traveling

expenses incurred in the performance of their duties of such appraisers may liewise be allowed

and paid out of the estate. $9=a%

Section 15.2ees of commissioners in eminent domain proceedings. The commissioners

appointed to appraise land sought to be condemned for public uses in accordance with these rulesshall each receive a compensation of two hundred $!=@@.@@% pesos per day for the time actually

and necessarily employed in the performance of their duties and in maing their report to thecourt, which fees shall be taxed as part of the costs of the proceedings. $9?a%

Section 1.2ees of commissioners in proceedings for partition of real state. The

commissioners appointed to mae partition of real state shall each receive a compensation of two

hundred $!=@@.@@% pesos per day for the time actually and necessarily employed in theperformance of their duties and in maing their report to the court, which fees shall be taxed as a

part of the costs of the proceedings. $98a%

Section 1!.2ees,and the account thereof3 The cler, under the direction of the judge, shalleep a boo in which shall be entered the items of fees which have accrued for the transaction ofbusinesses covered by the provisions of this rule, for which fees are payable, specifying for what

business each time of fees has accrued. 1eceipts shall be given for all fees received and they

shall be accounted for in the manner provided in relation to the fees of clers of courts in actions.The boo of fees ept by the cler shall be accounted for in the manner provided in relation of

the fees of the cler of court in inspection of auditing officer and other interested therein. $9>%

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. or each !9,@@@.@@ in excess of !8@@,@@@.@@ !9@.@@

$b% or motions for postponement after completion of the pre5trial stage, one hundred

pesos $!9@@.@@% for the first, and an additional fifty pesos $!>@.@@% for everypostponement thereafter based on that for the immediately preceding motion#Provided,

however, that no fee shall be imposed when the motion is found to be based on justifiableand compelling reason'

$c% or bonds by sureties in criminal and civil cases, three hundred pesos $!?@@.@@%'

$d% or applications for and entries of certificates of sale and final deeds of sale in extra5judicial foreclosures of mortgages, three hundred $!?@@.@@% pesos'

$e% or applications for and certificates of sale in notarial foreclosures#

9. +n the first four thousand $!8,@@@.@@% pesos, five $>H% per cent'

=. +n all sums in excess of four thousand $!8,@@@.@@% pesos, two and one half

$=.>H% per cent $*.3. 4+. ::55@95C, eptember 98, 9:::%

Section 21.&overnment e!empt. The 1epublic of the !hilippines, its agencies and

instrumentalities, are exempt from paying the legal fees provided in this rule, Aocal governments

and government5owned or controlled corporations with or without independent charters are not

exempt from paying such fees. $9:%

This 1esolution shall tae effect on the 9st day of 3arch, =@@@, and shall be published in two $=%

newspapers of general circulation not later than the 9>th of ebruary =@@@.

%avide+ 'r3+ C3'3+ 1ellosillo+ Melo+ Puno+ 4itug+ 6apunan+ Mendo.a+ Panganiban+ 7uisumbing+

Purisima+ Pardo+ 1uena+ &on.aga/-eyes+ 8nares/Santiago and %e eon+ 'r3+ ''3

RULE 142

Cost

Section 1.Cost ordinarily follow results of suit. 7nless otherwise provided in these rules, cost

shall be allowed to the prevailing party as a matter of course, but the court shall have power, forspecial reasons, to adjudge that either party shall pay the costs of an action, or that the same be

divided, as may be equitable. 4o costs shall be allowed against the 1epublic of the !hilippines

unless otherwise provided by law.

Section 2.,hen action or appeal dismissed. "f an action or appeal is dismissed for want ofjurisdiction or otherwise, the court nevertheless shall have the power to render judgment for cost,

as justice may require.

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Section 3.Cost when appeal frivolous. &here an action or appeal is found to be frivolous,

double or treble cost may be imposed on the plaintiff or appellant, which shall be paid by his

attorney, if so ordered by the court.

Section 4.2alse allegations. *n averment in a pleading made without reasonable cause and

found untrue shall subject the offending party to the payment of such reasonable expenses asmay 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.

Section 5.0o cost for irrelevant matters. &hen the record contains any unnecessary,

irrelevant, or immaterial matter, the party as whose instance the same was inserted or at whose

instance the same was printed, shall not be allowed as costs any disbursement for preparing,certifying, or printing such matter.

Section .Attorney$s fees as cost. 4o attorney2s fees shall be taxed as costs against the

adverse party, except as provided by the rules of civil law.

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$f% or original documents, deeds, or papers of any ind produced by him' nothing'

$g% or 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 theaction'

$i% The lawful fees charged against him by the judge of the court in entering and

doceting and trying the action or proceeding.

Section 1).Cost in Court of 2irst Instance. "n an action or proceeding pending in a Court ofirst "nstance, the prevailing party may recover the following costs, and no other#

$a% or the complaint or answer, fifteen pesos'

$b% or his own attendance, and that of his attorney, down to and including finaljudgment, twenty pesos'

$c% or each witness necessarily produced by him, for each day2s necessary attendance ofsuch witness at the trial, two pesos, and his lawful traveling fees'

$d% or each deposition lawfully taen by him, and produced in evidence, five pesos'

$e% or original documents, deeds, or papers of any ind produced by him, nothing'

$f% or 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 doceting the action or recording theproceedings, for the service of any process in action, and all lawful cler2s fees paid by

him.

Section 11.Costs in Court of Appeals and in Supreme Court. "n an action or proceeding

pending in the Court of *ppeals or in the upreme Court, the prevailing party may recover thefollowing costs, and no other#

$a% or his own attendance, and that of his attorney, down to and including final

judgment, thirty pesos in the Court of *ppeals and fifty pesos in the upreme Court'

$b% or official copies of record on appeal and the printing thereof, and all other copiesrequired by the rules of court, the sum actually paid for the same'

$c% *ll lawful fees charged against him by the cler of the Court of *ppeals or of the

upreme Court, in entering and doceting the action and recording the proceedings and

judgment therein and for the issuing of all process'

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$d% 4o allowance shall be made to the prevailing party in the upreme Court or Court of

*ppeals for the brief or written or printed arguments of his attorney, or copies thereof,

aside from the thirty or fifty pesos above stated'

$e% "f testimony is received in the upreme Court or Court of *ppeals not taen in another

court and transmitted thereto, the prevailing party shall be allowed the same cost forwitness fees, depositors, and process and service thereof as he would have been allowed

for such items had the testimony been introduced in a Court of irst "nstance'

$f% The lawful fees of a commissioner in an action may also be taxed against the defeated

party, or apportioned as justice requires.

Section 12.Costs when witness fails to appear. "f a witness fails to appear at the time and

place specified in the subpoena issued by any inferior court, the cost of the warrant of arrest andof the arrest of the witness shall be paid by the witness if the court shall determine that his failure

to answer the subpoena was wilful or without just excuse.

Section 13.Costs when the person cited for e!amination in probate proceedings. &hen a

person is cited, on motion of another, to appear before the court to be examined in probateproceedings, 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 irst "nstance.

RULE 143

+''lica0ilit, of t(e Rules

These rules shall not apply to land registration, cadastral and election cases, naturali)ation and

insolvency proceedings, and other cases not herein provided for, except by analogy or in a

suppletory character and whenever practicable and convenient.

The Aawphil !roject 5 *rellano Aaw oundation

RULE 144

Effecti;eness

These rues shall tae effect on January 9, 9:;8. They shall govern all cases brought after theytae effect, and also all furtherproceedings in cases then pending. except to the extent that in the

opinion of the court their application would not be feasible or would wor injustice, in whichevent the former procedure shall apply.