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This web page features the full text of RULE 141 LEGAL FEES

RULE 141LEGAL FEES

SECTION 1. Payment of fees. – Upon the filing of the pleading or otherapplication which initiates an action or proceeding, the fees prescribed thereforshall be paid in full. chan robles virtual law library

Sec. 2. Fees in lien. – Where the court in its final judgment awards a claim notalleged, or a relief different from, or more than that claimed in the pleading, theparty concerned shall pay the additional fees which shall constitute a lien on thejudgment in satisfaction of said lien. The clerk of court shall assess and collectthe corresponding fees.c r a law

Sec. 3. Persons authorized to collect legal fees. – Except as otherwise providedin this rule, the officers and persons hereinafter mentioned, together with theirassistants and deputies, may demand, receive, and take the several feeshereinafter mentioned and allowed for any business by them respectively done byvirtue of their several offices, and no more. All fees so collected shall be forthwithremitted to the Supreme Court. The persons herein authorized to collect legal

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fees shall be accountable officers and shall be required to post bond in suchamount as prescribed by the law.c r a law

Sec. 4. Clerks of the Supreme Court, Court of Appeals, Sandiganbayan andCourt of Tax Appeals.c r a law

(a) For filing an action or proceeding with the Supreme Court, Court of Appealsand Sandiganbayan, for each action or proceeding including a petition or motionfor intervention – P3,000.00 chan robles virtual law library

(b) For filing an action or proceeding with the Court of Tax Appeals

1. For filing an action or proceeding, including petition for intervention,and for all services in the same, if the sum claimed or the amount of disputed taxor customs assessment, inclusive of interest, penalties and surcharges, damagesof whatever kind and attorney’s fees or value of the article of property in seizurecases, is:c hanr oble s v ir t ua llawlibr a r y

a) Less than P50,000.00 …………....... P 750.00

b) P50,000.00 or more but less than P200,000.00………….. 1,000.00

c) P200,000.00 or more but less than P400,000.00 ……………... 1,500.00

d) P400,000.00 or more but less than P600,000.00 ……………... 2,500.00

e) P600,000.00 or more but less than P800,000.00 ………………... 4,000.00

f) P800,000.00 or more but less than P1,000,000.00 …………........ 5,000.00

g) P1,000,000.00 or more but less than P7,500,000.00

On the first P1,000,000.00, the fee shall be P5,000.00 and for each P1,000.00 in excess of P1,000,000.00 but not more than P7,500,000.00 …...... 7.00

h) P7,500,000.00 or more

On the first P7,500,000.00, the fee shall be P50,500.00 and for each P1,000.00 in excess of P7,500,000.00 ………..….. 10.00

Provided that for assessments beyond P50 million, the filing fee for the excessshall be the equivalent of one­half (1/2) of one (1%) per centum

i) When the value of the subject matter cannot be estimated ………..…………. 5,000.00

2. For filing a petition for review from a decision of the Regional TrialCourt or of the Central Board of Assessment Appeals or a special civil action withthe CTA or an appeal from a decision of a CTA Division to the CTA En Banc –THREE THOUSAND (P3,000.00) PESOS

(c) For the performance of marriage ceremony, including issuance of certificateof marriage – THREE THOUSAND (P3,000.00) PESOS

(d) For the certified copies of any record, judgment or entry thereof for eachpage – ten (P10.00) pesos AND for ANY certification – one hundred (P100.00)

pesos.c r a law

(e) For every search fee of archived cases or those above a year’s standing andreading the same – ONE HUNDRED (P100.00) PESOS

(f) For filing a motion for special raffle – FIVE HUNDRED (P500.00) PESOS

(g) For filing a motion for extension to file a pleading when allowed by the rules– THREE HUNDRED (P300.00) PESOS

(h) For filing a motion for postponement – FIVE HUNDRED (P500.00) PESOSchan robles virtual law library

(i) For filing a motion or asking in the prayer of the pleading the issuance ofprovisional remedies under Rules 57, 58, 59, 60 and 61 like TemporaryRestraining Order (TRO), writ of preliminary injunction and others – ONETHOUSAND (P1,000.00) PESOS

(j) For personal service of writs, orders and decisions outside Metro Manila –ONE HUNDRED (P100.00) PESOS

(k) For personal remand of records to the lower courts – FIVE HUNDRED(P500.00) PESOS

(l) For processing of travel permit – ONE THOUSAND (P1,000.00) pesos

(m) For a commission on all money coming into his hands by these rules, orderor writ of the court and caring for the same – two (2%) per centum on all sumsnot exceeding forty thousand (P40,000.00) pesos and one and a half (1 ½%) percentum on all sums in excess of forty thousand (P40,000.00) pesos.c r a law

Sec. 5. Fees to be paid by the advancing party. – The fees of the clerk of theCourt of Appeals, Sandiganbayan and Court of Tax Appeals or of the SupremeCourt shall be paid to him at the same time of the entry of the action orproceeding in the court by the party who enters the same. The clerk shall in allcases give a receipt for the same and shall enter the amount received upon hisbook, specifying the date when received, person from whom received, name ofaction in which received and the amount received. If the fees are not paid, thecourt may refuse to proceed with the action until they are paid and may dismissthe action or proceedings. chan robles virtual law library

Sec. 6. Fees of bar candidates. –

(a) For filing the application for admission to the bar, whether admitted to theexamination or not, two thousand and two hundred fifty (P2,250.00) pesos fornew applicants, and for repeaters, plus the additional amount of two hundred(P200.00) pesos multiplied by the number of times the applicants has failed in thebar examinations;

(b) For admission to the bar, including oath taking, signing of the roll ofattorneys, the issuance of diploma of admission to the Philippine Bar, twothousand and two hundred fifty (P2,250.00) pesos;

(c) Other Bar Fees. – For the issuance of:c hanr oble s v ir t ua llawlibr a r y

1. Certification of admission to the Philippine Bar …. P 100.00

2. Certificate of good standing (local) ………………. P 100.00

3. Certificate of good standing (foreign) ……………. P 500.00

4. Verification of membership in the bar …………… P 100.00

5. Certificate of grades in the bar examinations …….. P 100.00

6. Other certification of records at the Bar Office, per page ………………………………………...... P 50.00

7. A duplicate diploma of admission to the Philippine Bar ……………………………………………….. P 500.00

For services in connection with the return of examination notebooks toexaminees, a fee of ONE HUNDRED (P100.00) PESOS shall also be charged. (6a)chan robles virtual law library

Sec. 7. Clerks of Regional Trial Courts­

a) For filing an action or a permissive OR COMPULSORY counter­claim,CROSS­CLAIM, or money claim against an estate not based on judgment, or forfiling a third­party, fourth­party, etc. complaint, or a complaint­in­intervention, ifthe total sum claimed, INCLUSIVE OF INTERESTS, PENALTIES, SURCHARGES,DAMAGES OF WHATEVER KIND, AND ATTORNEY’S FEES, LITIGATION EXPENSESAND COSTS and/or in cases involving property, the FAIR MARKET value of theREAL property in litigation STATED IN THE CURRENT TAX DECLARATION ORCURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE,WHICHEVER IS HIGHER, OR IF THERE IS NONE, THE STATED VALUE OF THEPROPERTY IN LITIGATION OR THE VALUE OF THE PERSONAL PROPERTY INLITIGATION AS ALLEGED BY THE CLAIMANT, is:c hanr oble s v ir t ua llawlibr a r y

From effectivity

to Nov. 10,

2004 *

Nov. 11, 2004

to Nov. 10,

2005 **

Nov. 11, 2005

to Nov. 10,

2006 ***

Effective Nov.

11, 2006 ****

1. Less thanP100,000.00

P 625.00 P 750.00 P875.00 P1,000.00

2. P100,000.00 ormore but lessthan P150,000.00

1000.00 1,200.00 1,400.00 1,600.00

3. P150,000.00 ormore but lessthan P200,000.00

1,250.00 1.500.00 1,750.00 2,000.00

4. P200,000.00 ormore but lessthan P250,000.00

1,875.00 2,250.00 2,625.00 3,000.00

5. P250,000.00 ormore but lessthan P300,000.00

2,190.00 2,630.00 3,070.00 3,500.00

6. P300,000.00 ormore but lessthan P350,000.00

2,500.00 3,000.00 3,500.00 4,000.00

7. P350,000.00 ormore but not thanP400,000.00

2,820.00 3,380.00 4,000.00 4,500.00

8. For eachP1,000.00 inexcess ofP400,000.00

12.50 15.00 17.50 20.00

If the action involves both a money claim and relief pertaining to property, thenTHE fees will be charged on both the amounts claimed and value of propertybased on the formula prescribed in this paragraph a.c r a law

(b) For filing:c hanr oble s v ir t ua llawlibr a r y

From effectivityTo Nov. 10,2004 *

Nov. 11,2004 to Nov. 10,2005 **

Nov. 11,2005 to Nov. 10,2006***

Effective

Nov. 11,2006****

1. Actions wherethe value of thesubject mattercannot beestimated

P 750.00 P1,000.00

P1,500.00

P2,000.00

2. Special civilactions, exceptjudicialforeclosure ofmortgage,EXPROPRIATIONPROCEEDINGS,PARTITION ANDQUIETING OFTITLE which shallbe governed byparagraph (a)above

750.00 1,000.00 1,500.00 2,000.00

3. All otheractions notinvolvingproperty

750.00 1,000.00 1,500.00 2,000.00

(c) For filing requests for extrajudicial foreclosure of real estate or chattelmortgage by the sheriff or notary public, if the amount of the indebtedness, or themortgagee’s claim is:c hanr oble s v ir t ua llawlibr a r y

From effectivity

to Nov. 10,

2004 *

Nov. 11,

2004 to Nov.

10, 2005 **

Nov. 11,

2005 to Nov.

10, 2006 ***

Effective Nov.

11, 2006

****

1. Less thanP50,000.00

P 350.00 P 420.00 P 490.00 P 550.00

2. P50,000.00 ormore but less thanP100,000.00

500.00 600.00 700.00 800.00

3. P100,000.00 ormore but less thanP150,000.00

625.00 750.00 875.00 1,000.00

4. P150,000.00 ormore but less thanP200,000.00

820.00 975.00 1,140.00 1,300.00

5. P200,000.00 ormore but less thanP250,000.00

1,250.00 1,500.00 1,750.00 2,000.00

6. P250,000.00 ormore but less thanP300,000.00

1,570.00 1,875.00 2,190.00 2,500.00

7. P300,000.00 ormore but not morethan P400,000.00

1,875.00 2,250.00 2,625.00 3,000.00

8. P400,000.00 ormore but less thanP500,000.00

2,190.00 2,630.00 3,070.00 3,500.00

9. P500,000.00 ormore but not morethanP1,000,000.00

2,500.00 3,000.00 3,500.00 4,000.00

10. For eachP1,000.00 inexcess ofP1,000,000.00

12.50 15.00 17.50 20.00

____________________

* The proposed rates be 25% of the pre­2004 legal fees composed of theJudiciary Development Fund and the original fees. chan robles virtual law library

** The proposed rates correspond to the sum of the current amounts accruing tothe general fund and the Judiciary Development Fund; and 50% thereof effectivefrom 2004 up to Nov. 10, 2005.c r a law

*** The proposed rates for the period from Nov. 11, 2005 to Nov. 10, 2006correspond to the sum of the pre­2004 amounts accruing to the general fund andthe Judiciary Development Fund; and 75% thereof.c r a law

**** The proposed rates for the period from Nov. 11, 2006 to Nov. 10, 2007correspond to the sum of the pre­2004 amounts accruing to the general fund andthe Judiciary Development Fund; and 100% thereof.c r a law

(d) For initiating proceedings for the allowance of wills, granting letters ofadministration, appointment of guardians, trustees, and other specialproceedings, the fees payable shall be collected in accordance with the value ofthe property involved in the proceedings, which must be stated in the applicationor petition, as follows:c hanr oble s v ir t ua llawlibr a r y

From effectivity

to Nov. 10,

2004 *

Nov. 11,

2004 to Nov.

10, 2005 **

Nov. 11,

2005 to Nov.

10, 2006 ***

Effective Nov.

11, 2006 ****

1. Not more thanP100,000.00

P 2,000.00 P2,500.00

P3,000.00

P 3,500.00

2.. More thanP100,000.00 butless thanP150,000.00

2,500.00 3,000.00 3,500.00 4,000.00

3. P150,000.00 ormore but

less thanP200,000.00

2,820.00 3,400.00 4,100.00 4,700.00

4. P200,000.00 ormore but less thanP250,000.00

3,125.00 3,750.00 4,375.00 5,000.00

5. P250,000.00 ormore butless thanP300,000.00

3,440.00 4,125.00 4,820.00 5,500.00

6. P300,000.00 ormore but less thanP350,000.00

3,750.00 4,500.00 5,250.00 6,000.00

7. P350,000.00 ormore but not morethan P400,000.00

4,070.00 4,875.00 5,690.00 6,500.00

8. For eachP1,000.00 inexcess ofP400,000.00

12.50 15.00 17.50 20.00

If the value of the estate as definitely appraised by the court is more than thevalue 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 feeshad been paid shall be required prior to the closure of the proceedings.c r a law

(e) For filing petitions for naturalization or other modes of acquisition ofcitizenship, TEN THOUSAND (P10,000.00) PESOS;

(f) For filing petitions for adoption, support, annulment of marriage, legalseparation and other actions or proceedings under the DOMESTIC ADOPTION ACTOF 1998, THE INTER­COUNTRY ADOPTION ACT OF 1995 AND THE FAMILY CODE,AS FOLLOWS:c hanr oble s v ir t ua llawlibr a r y

(1) WHEN PETITIONER FOR ADOPTION IS A FILIPINO CITIZEN, TWOTHOUSAND (P2,000.00) PESOS;

(2) WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL, TENTHOUSAND (P10,000.00) PESOS;

(3) SUPPORT, FIVE HUNDRED (P500.00) PESOS;

(4) ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE,OR LEGAL SEPARATION, THREE THOUSAND (P3,000.00) PESOS; AND

(5) CUSTODY OF MINORS, ONE THOUSAND (P1,000.00) PESOS; chan robles virtuallaw library

If the proceedings involve separation of property, an additional fee correspondingto the value of the property involved shall be collected, computed in accordancewith the rates for special proceedings. (Letter d of this section)

(g) For all other special proceedings not concerning property, FIVE HUNDRED(P500.00) PESOS;

(h) For the performance of marriage ceremony, including THE issuance of THEcertificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONETHOUSAND (P1,000.00) PESOS in other areas;

(i) For filing an application for commission as notary public, TWO THOUSAND(P2,000.00) PESOS;

(j) For certified copies of any paper, record, decree, judgment or entry thereoffor each page, TEN (P10.00) PESOS;

(k) For a commission on all money (excluding cash bond) coming into theclerk’s hands by law, rule, order or writ of court, TWO (2%) per centum on allsums not exceeding forty thousand (P40,000.00) pesos, and ONE AND A HALF(1.5%) per centum on all sums in excess of forty thousand (P40,000.00) pesos;

(l) For appeals from Regional Trial Courts to Court of Appeals, Sandiganbayan,or Supreme Court – Three Thousand (P3,000.00) Pesos;

(m) For filing a motion for or asking in the prayer of the pleading the issuanceof provisional remedies under Rule 57, 58, 59, 60 and 61 like TemporaryRestraining Order (TRO), writ of preliminary injunction or attachment and others– an additional FIVE HUNDRED (P500.00) PESOS shall be collected;

(n) For clearances and certifications issued – FIFTY (P50.00) PESOs;

(o) For services performed as ex­officio Notary public – TWO HUNDRED(P200.00) PESOS;

(p) For any other services as clerk not provided in this section. TWO HUNDRED(P200.00) PESOS shall be collected.c r a law

Sec. 8. Clerks of Court of the First Level Courts. –

(a) For each civil action or proceeding where the value of the subject matterinvolved, or the amount of the demand, inclusive of interests, penalties,surcharges, damages of whatever kind, attorney’s fees, litigation expenses andcosts is:c hanr oble s v ir t ua llawlibr a r y

From effectivity

to Nov. 10,

2004 *

Nov. 11,

2004 to Nov.

10, 2005 **

Nov. 11,

2005 to Nov.

10, 2006 ***

Effective Nov.

11, 2006 ****

1. Not more thanP20,000.00

P 190.00 P 225.00 P 270.00 P 300.00

2. More thanP20,000.00 butnot more thanP100,000.00

625.00 750.00 875.00 1,000.00

3. More thanP100,000.00 butnot more thanP200,000.00

1,570.00 1,875.00 2,190.00 2,500.00

4. More thanP200,000.00 butnot more thanP300,000.00

2,190.00 2,630.00 3,070.00 3,500.00

5. More thanP300,000.00 butnot more thanP400,000.00

3,125.00 3,750.00 4,375.00 5,000.00

In a real action, other than for forcible entry and unlawful detainer, the FAIRMARKET value of the property STATED IN THE CURRENT TAX DECLARATION ORCURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE or, if notdeclared for taxation purposes, the estimated value thereof shall be alleged bythe claimant and shall be the basis in computing the fees. chan robles virtual law library

(b) For initiating proceedings for the allowance of wills, granting the letters ofadministration and settlement of estates of small value, where the value of the

estate is:c hanr oble s v ir t ua llawlibr a r y

From effectivity

to Nov. 10,

2004 *

Nov. 11,

2004 to

Nov. 10,

2005 **

Nov. 11,

2005 to Nov.

10, 2006 ***

Effective

Nov. 11, 2006

****

1. Not more thanP20,000.00

P 320.00 P 375.00 P 440.00 P 500.00

2. More thanP20,000.00 but notmore thanP100,000.00

1,690.00 2,025.00 2,370.00 2,700.00

3. More thanP100,000.00 butnot more thanP200,000.00

2,500.00 3,000.00 3,500.00 4,000.00

4. For eachproceeding otherthan the allowanceof wills (probate)granting of theletter ofadministration,settlement ofestates of smallvalue

250.00 300.00 350.00 400.00

(c) For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTSARE PRAYED FOR, FIVE hundred (P500.00) pesos; ANDIN CASES WHERE INTERESTS, PENALTIES, SURCHARGES, DAMAGES OFWHATEVER KIND, AND ATTORNEY’S FEES ARE PRAYED FOR, AN AMOUNTEQUIVALENT TO THAT INDICATED IN THE SCHEDULE OF PAYMENTS UNDERSUBSECTION (A) OF THIS SECTION SHALL BE COLLECTED, IN ADDITION TO THEAMOUNT OF FIVE HUNDRED (P500.00) PESOS PROVIDED FOR IN THISSUBSECTION.c r a law

(d) For all other actions not covered by preceding paragraphs:c hanr oble s v ir t ua llawlibr a r y

From effectivityto Nov. 10, 2004

Nov. 11, 2004to Nov. 10,2005

Nov. 11, 2005to Nov.20,2006

Effective Nov.11, 2006

400.00 P500.00 P600.00 P700.00(e) For filing a motion or asking in the prayer of the pleading the issuance ofprovisional remedies under Rules 57, 58, 59, 60 and 61 like temporary restrainingorder (TRO), writ of preliminary injunction or attachment, an additional TWOHUNDRED (P250.00) PESOS shall be collected; chan robles virtual law library

(f) For appeals in all actions or proceedings, including forcible entry anddetainer cases, taken from the courts of first level and petitions to the 2nd levelcourts – ONE THOUSAND (P1,000.00) PESOS;

(g) For the performance of marriage ceremony, including THE issuance of THEcertificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONETHOUSAND (P1,000.00) PESOS in other areas;

(h) For taking affidavit, ONE HUNDRED (P100.00) PESOS;

(i) For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;

(j) For taking and certifying depositions, including oaths, per page, TWENTY(P20.00) PESOS;

k) For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRYTHEREOF FOR EACH PAGE, TEN (P10.00) PESOS;

(l) For stamping and registering books as required by Articles Nineteen andThirty­Six of the Code of Commerce, each book, FIFTY (P50.00) pesos;

(m) For services performed as ex­officio notary public – ONE HUNDRED(P100.00) PESOS;

(n) FOR A COMMISSION ON ALL MONEY (excluding cash bond) COMING INTOTHE CLERK’S HANDS BY LAW, RULE, ORDER OR WRIT OF COURT, TWO (2%) PERCENTUM ON ALL SUMS NOT EXCEEDING FORTY THOUSAND (P40,000.00) PESOS,AND ONE AND A HALF (1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTYTHOUSAND (P40,000.00) PESOS;

(o) For clearances and certifications issued – FIFTY (P50.00) PESOS;

(p) FOR ANY OTHER SERVICES AS CLERK NOT PROVIDED IN THIS SECTION,ONE HUNDRED (P100.00) PESOS SHALL BE COLLECTED.c r a law

Sec. 9. MEDIATION FEES.

A. Trial Courts

The Clerks of Court of the Regional Trial Courts and the First­Level Courts shallcollect the amount of FIVE HUNDRED PESOS (P500.00) (1) upon the filing of aComplaint or an Answer with a mediatable permissive or compulsory counterclaimor cross­claim, complaint­in­intervention, third­party complaint, fourth­partycomplaint, etc. in civil cases, a Petition, an Opposition and a Creditors’ Claim inSpecial Proceedings; (2) upon the filing of a Complaint/Information for offensescovered by the Katarungang Pambarangay Law, violation of B.P. Blg. 22, estafaand libel cases where damages are sought; and (3) upon the filing of aComplaint/Information for quasi­offenses under Title 14 of the Revised PenalCode.c r a law

The Clerks of Court of the First Level Courts shall collect the amount of FIVEHUNDRED PESOS (P500.00) upon the filing of a Notice of Appeal to the RegionalTrial Court.c r a law

The Clerks of Court of the Regional Trial Court shall collect the amount of ONETHOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal to the Courtof Appeals or the Sandiganbayan.c r a law

B. Court of Appeals, Sandiganbayan and Court of Tax Appeals

The Clerks of Court of the Court of Appeals, Sandiganbayan and Court of TaxAppeals shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon thefiling of a mediatable case, petition, special civil action, a comment/answer to thepetition or action and the appellee’s brief. The Clerk of Court of the Court of TaxAppeals shall also collect the amount of ONE THOUSAND PESOS (P1,000.00) forthe appeals from the decision of a CTA Division to the CTA En Banc. chan robles virtuallaw library

Provided that in all cases, a pauper litigant shall be exempt from contributing tothe Mediation Fund. Despite such exemption, the court shall provide that theunpaid contribution to the Mediation Fund shall be considered a lien on anymonetary award in a judgment favorable to the pauper litigant.c r a law

And provided further, that an accused­appellant shall also be exempt fromcontributing to the Mediation Fund.c r a law

The amount collected shall be receipted and separated as part of a special fund tobe known as the “Mediation Fund” and shall accrue to the SC­PHILJA­PMC Fund,disbursements from which are and shall be pursuant to guidelines approved bythe Supreme Court.c r a law

The Fund shall be utilized for the promotion of court­annexed mediation and otherrelevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator’s fees, and operating expenses of the Philippine MediationCenter (PMC) units including expenses for technical assistance and organizations /individuals, transportation/communication expenses, photocopying, supplies andequipment, expense allowance and miscellaneous expenses, whenever necessary,subject to auditing rules and regulations. In view thereof, the mediation feesshall not form part of the Judiciary Development Fund (JDF) under P.D. No. 1949nor of the special allowances granted to justices and judges under Republic ActNo. 9227.c r a law

Sec. 10. Sheriffs, PROCESS SERVERS and other persons serving processes. chanrobles virtual law library

(a) For serving summons and copy of complaint, for each defendant, TWOHUNDRED (P200.00) PESOS;

(b) For serving subpoenas in civil action or OTHER proceedings, for eachwitness to be served, ONE HUNDRED (P100.00) PESOS;

(c) For executing a writ of attachment against the property of defendant, FIVEHUNDRED (P500.00) PESOS per defendant;

(d) For serving and implementing a temporary restraining order, or writ ofinjunction, preliminary or final, of any court, THREE HUNDRED (P300.00) PESOSper defendant;

(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;

(f) For filing bonds or other instruments of indemnity or security in provisionalremedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;

(g) For executing a writ or process to place a party in possession of realPROPERTY OR estates, THREE HUNDRED (P300.00) PESOS per property;

(h) For SERVICES RELATING TO THE POSTING AND PUBLICATIONREQUIREMENTS UNDER RULE 39 (EXECUTION, SATISFACTION AND EFFECT OFJUDGMENTS) and in extrajudicial foreclosure of mortgage by sheriff or notarypublic besides the cost of publication, ONE HUNDRED AND FIFTY (P150.00)PESOS;

(i) For taking inventory of goods levied upon when the inventory is ordered bythe court, THREE HUNDRED (P300.00) PESOS per day or actual inventory; chan roblesvirtual law library

(j) For levying on execution on personal or real property, THREE HUNDRED(P300.00) PESOS;

(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED(P100.00) PESOS;

(l) For money collected by him actual or constructive (when highest bidder isthe mortgagee and there is no actual collection of money) by order, execution,attachment, or any other process, judicial or extrajudicial which shall immediatelybe turned over to the Clerk of Court, the following sums shall be paid to the clerkof court to wit:c hanr oble s v ir t ua llawlibr a r y

(1) On the first four thousand (P4,000.00) pesos, FIVE AND A HALF (5.5%)per centum;

(2) On all sums in excess of four thousand (P4,000.00) pesos, THREE (3%)per centum;

In addition to the fees hereinabove fixed, the amount of ONE THOUSAND(P1,000.00) PESOS shall be deposited with the Clerk of Court upon filing of thecomplaint to defray the actual travel expenses of the sheriff, process server orother court­authorized persons in the service of summons, subpoena and othercourt processes that would be issued relative to the trial of the case. In case theinitial deposit of ONE THOUSAND (P1,000.00) PESOS is not sufficient, then theplaintiff 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 itsapproval a statement of the estimated travel expenses for service of summonsand court processes. Once approved, the Clerk of Court shall release the moneyto said sheriff or process server. After service, a statement of liquidation shall besubmitted to the court for approval. After rendition of judgment by the court, anyexcess from the deposit shall be returned to the party who made the deposit.c r a law

In case a request to serve the summons and other processes is made to the Clerkof Court and Ex­officio sheriff who has jurisdiction over the place where thedefendant or the person subject of the process resides, a reasonable amount shallbe withdrawn from said deposit by the Clerk of the Court issuing the process forthe purchase of a postal money order to cover the actual expenses of the servingsheriff.c r a law

With regard to sheriff’s expenses in executing writs issued pursuant to courtorders or decisions or safeguarding the property levied upon, attached or seized,including kilometrage for each kilometer of travel, guards’ fees, warehousing andsimilar charges, the interested party shall pay said expenses in an amountestimated by the sheriff, subject to the approval of the court. Upon approval ofsaid estimated expenses, the interested party shall deposit such amount with theclerk of court and ex­officio sheriff, who shall disburse the same to the deputysheriff assigned to effect the process, subject to liquidation within the sameperiod for rendering a return on the process. The liquidation shall be approved bythe court. Any unspent amount shall be refunded to the party making thedeposit. A full report shall be submitted by the deputy sheriff assigned with hisreturn, and the sheriff’s expenses shall be taxed as costs against the judgmentdebtor.c r a law

Sec. 11. Stenographers. ­­ Stenographers shall give certified transcript of notestaken by them to every person requesting the same upon payment to the Clerk ofCourt of (a) TEN (P10.00) PESOS for each page of not less than two hundred andfifty words before the appeal is taken and (b) FIVE (P5.00) PESOS for the samepage, after the filing of the appeal, provided, however, that one­third (1/3) of thetotal charges shall accrue to the Judiciary Development Fund (JDF) and theremaining two­thirds (2/3) to the stenographer concerned. (10a)

Sec. 12. Notaries. ­­ No notary public shall charge or receive for any servicerendered by him any fee, remuneration or compensation in excess of thoseexpressly prescribed in the following schedule:

(a) For protests of drafts, bills of exchange, or promissory notes for non­acceptance or non­payment, and for notice thereof, ONE HUNDRED (P100.00)PESOS; chan robles virtual law library

(b) For the registration of such protest and filing or safekeeping of the same,ONE HUNDRED (P100.00) PESOS;

(c) For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;

(d) For sworn statement concerning correctness of any account or otherdocument, 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 notarialrecords, for each page, ONE HUNDRED (P100.00) PESOS;

(h) For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS;and c r a law

(i) For acknowledging other documents not enumerated in this section, ONEHUNDRED (P100.00) PESOS. (11a)

Sec. 13. Other officers taking depositions. ­­ Other officers taking depositionsshall receive the same compensation as above provided for notaries public fortaking and certifying depositions.c r a law

Sec. 14. Witness fees. –

(a) Witnesses in the Supreme Court, in the Court of Appeals and in theRegional Trial Courts and in the 1st level courts, either in actions or specialproceedings, 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 onthe certification of the clerk of court or judge of his appearance in the case. Awitness shall not be allowed compensation for his attendance in more than onecase or more than one side of the same case at the same time, but may elect inwhich of several cases or on which side of a case, when he is summoned by bothsides, to claim his attendance. A person who is compelled to attend court onother business shall not be paid as a witness.c r a law

Sec. 15. Fees of appraisers. ­­ Appraisers appointed to appraise the estate of award of a deceased person shall each receive a compensation to be fixed by thecourt of NOT LESS THAN three hundred (P300.00) pesos per day for the timeactually and necessarily employed in the performance of their duties and inmaking their reports, which fees, in each instance, shall be paid out of the estateof the ward or deceased person, as the case may be. Any actual and necessarytraveling expenses incurred in the performance of their duties of such appraisersmay likewise be allowed and paid out of the estate. chan robles virtual law library

Sec. 16. Fees of commissioners in eminent domain proceedings. ­­ Thecommissioners appointed to appraise land sought to be condemned for publicuses in accordance with these rules shall each receive a compensation to be fixedby the court of NOT LESS THAN three hundred (P300.00) pesos per day for thetime actually and necessarily employed in the performance of their duties and inmaking their report to the court, which fees shall be taxed as a part of the costsof the proceedings.c r a law

Sec. 17. Fees of commissioners in the proceedings for partition of real estate. ­­ The commissioners appointed to make partition of real estate shall each receivea 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 theperformance of their duties and in making their report to the court, which feesshall be taxed as a part of the costs of the proceedings.c r a law

Sec. 18. Fees and the account thereof. ­­ The clerk, under the direction of thejudge, shall keep a book in which shall be entered the items of fees which haveaccrued for the transaction of businesses covered by the provisions of this rule,for which fees are payable, specifying for what business each time of fees haveaccrued. Receipts shall be given for all fees received and they shall be accountedfor 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 providedin relation to the fees of the clerk of court in inspection of auditing officer andother interested therein.c r a law

Sec. 19. Indigent litigants exempt from payment of legal fees. ­ Indigentlitigants (a) whose gross income and that of their immediate family do not exceedan amount double the monthly minimum wage of an employee and (b) who donot own real property with A FAIR MARKET VALUE AS STATED IN THE CURRENTTAX DECLARATION of more than THREE hundred thousand (P300,000.00) pesosshall be exempt from the payment of legal fees.c r a law

The legal fees shall be a lien on any judgment rendered in the case favorable tothe indigent litigant unless the court otherwise provides.c r a law

To be entitled to the exemption herein provided, the litigant shall execute anaffidavit that he and his immediate family do not earn a gross incomeabovementioned, nor they own any real property with the fair valueaforementioned, supported by an affidavit of a disinterested person attesting tothe truth of the litigant’s affidavit. The current tax declaration, if any, shall beattached to the litigant’s affidavit.c r a law

Any falsity in the affidavit of litigant or disinterested person shall be sufficientcause to dismiss the complaint or action or to strike out the pleading of thatparty, without prejudice to whatever criminal liability may have been incurred.(16a)

Sec. 20. In addition to the fees imposed in the preceding sections, a victim­compensation fee of five (P5.00) pesos pursuant to Rep. Act No. 7309 shall beassessed and collected for the filing of every complaint or petition initiating anordinary civil action, special civil action or special proceeding in the trial courtsincluding civil actions impliedly instituted with criminal actions under Rule 111 ofthe Revised Rule of Criminal Procedure where filing fee is likewise collected. Allsums collected shall be remitted to the Department of Justice every quarter bythe Clerk of Court concerned. (18­A)

Sec. 21. Other fees. ­­ The following fees shall also be collected by the clerks ofthe Regional Trial Courts or courts of the first level, as the case may be: chan roblesvirtual law library

(a) In estafa cases where the offended party fails to manifest within fifteen(15) days following the filing of the information that the civil liability arising fromthe crime has been or would be separately prosecuted, or in violations of BP No.22 if the amount involved is:c hanr oble s v ir t ua llawlibr a r y

From effectivityto Nov. 10,2004*

Nov.11,2004to Nov.10,

2005**

Nov. 11,2005to Nov.10,

2006***

Effective Nov.11, 2006****

1. Less thanP100,000.00

P 625.00 P 750.00 P 875.00 P 1,000.00

2.P100,000.00or more butless thanP150,000.00

1,000.00 1,200.00 1,400.00 1,600.00

3.P150,000.00

1,250.00 1,500.00 1,750.00 2,000.00

or more butless thanP200,000.00

4.P200,000.00or more butless thanP250,000.00

1,875.00 2,250.00 2,625.00 3,000.00

5.P250,000.00or more butless thanP300,000.00

2,190.00 2,630.00 3,070.00 3,500.00

6.P300,000.00or more butless thanP350,000.00

2,500.00 3,000.00 3,500.00 4,000.00

7.P350,000.00or more butnot more thanP400,000.00

2,820.00 3,400.00 4,100.00 4,700.00

8. For eachP1,000.00 inexcess ofP400,000.00

12.50 15.00 17.50 20.00

(b) For motions for postponement (whether verbal or written) after completionof the pre­trial stage, TWO HUNDRED (P200.00) PESOS for the first, and anadditional FIFTY (P50.00) PESOS for every motion for postponement thereafterbased on that for the immediately preceding motion. For any other motion, TWOHUNDRED (P200.00) PESOS;

(c) For all types of bonds (cash, surety and property) in criminal and civilcases, FIVE HUNDRED (P500.00) PESOS per each bond; chan robles virtual law library

(d) For entries of certificates of sale and final deeds of sale in extra­judicialforeclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;

(e) FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED(P500.00) PESOS;

(f) FOR APPLICATIONS FOR ACCREDITATION OF NEWSPAPERS ANDPERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICES AND OTHERSIMILAR ANNOUNCEMENTS, FIVE THOUSAND (P5,000.00) PESOS; for appealsfrom decisions of Executive Judge – ONE THOUSAND (P1,000.00) PESOS; and forfiling an action for revocations or suspension of accreditation – ONE THOUSAND(P1,000.00) PESOS;

(g) FOR ELECTION CONTESTS INCLUDING ELECTION PROTESTS, COUNTER­PROTESTS, PROTESTS­IN­INTERVENTION AND QUO WARRANTO PROCEEDINGSINVOLVING MUNICIPAL OFFICES­ THREE THOUSAND (P3,000.00) PESOS; ANDBARANGAY OFFICES­ ONE THOUSAND FIVE HUNDRED (P1,500.00) PESOS. INADDITION, THE FILING FEES PRESCRIBED BY THE COMELEC RULES OFPROCEDURES FOR THESE ACTIONS SHALL ALSO BE COLLECTED AND INDICATEDIN THE RECEIPT.c r a law

(h) FOR PETITIONS FOR INCLUSION, EXCLUSION OR CORRECTION OF NAMES

OF VOTERS, ONE HUNDRED (P100.00) PESOS;

(i) For petitions for rehabilitation, under the Interim Rules of Procedure onCorporate Rehabilitation, the fees payable shall be based on the value of theassets of, or amount of monetary claims against, the debtor, whichever is higher,which must be declared in the Petition, as follows: chan robles virtual law library

From effectivity

to Nov. 10,

2004 *

Nov. 11, 2004

to Nov. 10,

2005 **

Nov. 11, 2005

to Nov. 10,

2006 ***

Effective Nov.

11, 2006 ****

1. Less thanP10,000,000.00

P12,500.00

P15,000.00

P17,500.00

P20,000.00

2.P10,000,000.00or more but lessthanP20,000,000.00

25,000.00 30,000.00 35,000.00 40,000.00

3.P20,000,000.00or more but lessthanP30,000,000.00

37,500.00 45,000.00 52,500.00 60,000.00

4.P30,000,000.00or more but lessthanP40,000,000.00

50,000.00 60,000.00 70,000.00 80,000.00

5.P40,000,000.00or more but lessthanP50,000,000.00

62,500.00 75,000.00 87,500.00 100,000.00

6.P50,000,000.00or more but lessthanP60,000,000.00

75,000.00 90,000.00 105,000.00 120,000.00

7.P60,000,000.00or more but notmore thanP70,000,000.00

87,500.00 105,000.00 122,500.00 140,000.00

8.P70,000,000.00or more but lessthanP80,000,000.00

100,000.00 120,000.00 140,000.00 160,000.00

9.P80,000,000.00or more but lessthanP90,000,000.00

112,500.00 135,000.00 157,500.00 180,000.00

10. 125,000.00 150,000.00 175,000.00 200,000.00

P90,000,000.00or more but lessthanP100,000,000.00

11. For eachP10,000.00 inexcess ofP100,000,000.00

12.50 15.00 17.50 20.00

The value of the assets shall be based on the fair market value of the realproperties of the petitioner stated in the tax declaration or the zonal value thereoffixed 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, thevalue shall be stated by the petitioner in the petition. chan robles virtual law library

If during trial, the court finds that the value of the assets is more or the monetaryclaims are higher than the amounts stated in the complaint or petition, then itshall order the payment of additional fees based thereon.c r a law

(j) FOR PETITIONS FOR THE COMPULSORY CONFINEMENT OF A DRUGDEPENDENT UNDER SECTION 61 OF THE “COMPREHENSIVE DANGEROUS DRUGSACT OF 2002”, THREE HUNDRED (P300.00) PESOS;

(k) For petitions for insolvency or other cases involving intra­corporatecontroversies, the fees prescribed under letter a, section 7 shall apply.c r a law

Sec. 22. Government exempt. ­­ The Republic of the Philippines, its agenciesand instrumentalities are exempt from paying the legal fees provided in the rule. Local governments and government­owned or controlled corporations with orwithout independent charters are not exempt from paying such fees. chan robles virtuallaw library

However, all court actions, criminal or civil, instituted at the instance of theprovincial, city or municipal treasurer or assessor under Sec. 280 of the LocalGovernment Code of 1991 shall be exempt from the payment of court andsheriff’s fees. (page 211 of the Manual for Clerks of Court)chan robles virtual law library

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