A.M. NO. 00-2-01-SC
March 01, 2000
RULE 141
Legal Fees
Section 1. Payment of fees.
— Upon the filing of the pleading or other application which initiates
an action or proceeding, the fees prescribed therefor shall be paid in
full. (n)
Section 2. Fees in lien. —
Where the court in its final judgment awards a claim not alleged, or a
relief different from, or more than that claimed in the pleading, the
party concerned shall pay the additional fees which shall constitute a
lien on the judgment in satisfaction of said lien. The clerk of court
shall assess and collect the corresponding fees. (n)
Section 3. Persons authorized to collect legal fees.
— Except as otherwise provided in this rule, the officers and persons
hereinafter mentioned, together with their assistants and deputies, may
demand, receive, and take the several fees hereinafter mentioned and
allowed for any business by them respectively done by virtue of their
several offices, and no more. All fees so collected shall be forthwith
remitted to the Supreme Court. The fees collected shall accrue to the
general fund. However, all increases in the legal fees prescribed in
amendments to this rule as well as new legal fees prescribed herein
shall pertain to the Judiciary Development Fund as established by law.
The persons herein authorized to collect legal fees shall be accountable
officers and shall be required to post bond in such amount as
prescribed by law. (la)
Section 4. Clerks of the Court of Appeals and of the Supreme Court. —
(a) For 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 docketing all motions,
docketing of case on all proper dockets, 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 the
action or proceeding not herein otherwise provided for, each action or
special proceeding, five hundred (P500.00) pesos;
(b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos.
(c) For 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 (P4.00) pesos;
(d) For each certificate not in process, thirty (P30.00) pesos;
(e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;
(f) For a commission on all money coming into his
hands rules or order of the court and caring for the same, two and
one-half (2.5%) percent on all sums not exceeding four thousand
(P4,000.00) pesos, and one and one-half (1.5%) percent upon all sums in
excess of four thousand (P4,000.0) pesos, and one (1%) percent on all
sums in excess of forty thousand (P40,000.00) pesos. (4a)
Section 5. Fees to be paid by the advancing party.
— The fees of the clerk of the Court of Appeals or of the Supreme Court
shall be paid him at the same time of the entry of the action or
proceeding in the court by the party who enters the same by appeal or
otherwise, and the clerk shall in all cases give a receipt for the same
and shall enter the amount received upon his book, specifying the date
when received, person from whom received, name of action in which
received and amount received. If the fees are not paid, the court may
refuse to proceed with the action until they are paid and may dismiss
the appeal or the proceeding. (3a)
Section 6. Fees of bar candidates. —
(a) For filing the application for admission to the
bar, whether admitted to the examination or not, one thousand and seven
hundred fifty (P1,750.00) pesos for new applicants, and for repeaters,
plus the additional amount of two hundred (P200.00) pesos multiplied by
the number of times the applicant has failed in the bar examinations;
(b) For admission to the bar, including oath taking,
signing of the roll of attorneys, the issuance of diploma of admission
to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00)
pesos;
(c) Other Bar Fees. — For the issuance of:
1. Certification of admission to the Philippine Bar P50.00
2. Certificate of good standing (local) 50.00
3. Certificate of good standing (foreign) 100.00
4. Verification of membership in the bar 50.00
5. Certificate of grades in the bar examinations 50.00
6. Other certification of records at the Bar
Office, per page 15.00
7. A duplicate diploma of admission to the Philippine Bar 500.00
For services in connection with the
return of examination notebooks to examinees, a fee of thirty (P30.00)
pesos shall also be charged. (6a)
Section 7. Clerks of Regional Trial Courts. —
(a) For 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 third-party, fourth-party, etc., complaint, or a
complaint in intervention, and for all clerical services in the same, if
the total sum claimed, exclusive of interest, or the stated value of
the property in litigation, is:
1. Less than P100,000.00 P500.00
2. P100,000.00 or more but less than P150,000.00 P800.00
3. P150,000.00 or more but less than P200,000.00 P1,000.00
4. P200,000.00 or more but less that P250,000.00 P1,500.00
5. P250,000.00 or more but less than P300,000.00 P1,750.00
6. P300,000.00 or more but less than P350,000.00 P2,000.00
7. P350,000.00 or more but not more than P400,000.00 P2,250.00
8. For each P1,000.00 in excess of 400,000.00 P10.00
(b) For filing
1. Actions where the value of the subject matter cannot be estimated P600.00
2. Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph (a) above 600.00
3. All other actions not involving property 600.00
In 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) For filing requests for extrajudicial foreclosure
of real estate or chattel mortgage, if the amount of indebtedness, or
the mortgagee's claim is:
1. Less than P50,000.00 P275.00
2. P50,000.00 or more but less than P100,000.00 P400.00
3. P100,000.00 or more but less than P150,000.00 P500.00
4. P150,000.00 or more but less than P200,000.00 P650.00
5. P200,000.00 or more but less than P250,000.00 P1,000.00
6. P250,000.00 or more but less than P300,000.00 P1,250.00
7. P300,000.00 or more than but less than P400,000.00 P1,500.00
8. P400,000.00 or more but less than P500,000.00 P1,750.00
9. P500,000.00 or more but not less than P1,000,000.00 P2,000.00
10. Fore each P1,000.00 in excess of P1,000,000.00 P10.00
(d) For 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 the
proceedings, which must be stated in the application or petition, as
follows:
1. More than P100,000.00 but less than P150,000.00 P2,000.00
2. P150,000.00 or more but less than P200,000.00 2,250.00
3. P200,000.00 or more but less than P250,000.00 2,500.00
4. P250,000.00 or more but less than P300,000.00 2,750.00
5. P300,000.00 or more but less than P350,000.00 3,000.00
6. P350,000.00 or more but not more than P400,000.00 3,250.00
7. For each P1,000.00 in excess of P400,000.00 10.00
If the value of the estate as definitely appraised by
the court is more than the value declared in the application, the
difference of fee shall be paid: provided that a certificate from the
clerk of court that the proper fees have been paid shall be required
prior to the closure of the proceedings.
(e) for filing petitions for naturalization or other modes of acquisition of citizenship, two thousand P2,000.00) pesos;
(f) For filing petitions for adoption, support,
annulment of marriage, legal separation and other actions or proceedings
under the Family Code, two hundred (P200.00) pesos;
If the proceedings involve separation of property, an
additional fee corresponding to the value of the property involved
shall be collected, computed in accordance with the rates for special
proceedings.
(g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;
(h) For the performance of the marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
(i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
(j) For certified copies of any paper, record,
decree, judgment, or entry thereof for each page, four (P4.00) and
fifteen (P15.00) pesos for certification;
(k) For a commission on all money coming into the
clerks' hands by law, rule, order or writ of court and caring for the
same, one and one-half (1.5%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos, and one (1%) per centum on all sums in excess of forty thousand (P40,000.00) pesos.
(l) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)
Section 8. Clerks of Courts of the First Level. —
(a) For each civil action or proceeding, where the
value of the subject matter involved, or the amount of the demand,
inclusive of interest, damages of whatever kind, attorney's fees,
litigation expenses, and costs is:
1. Not more than P20,000.00 P150.00
2. More than P20,000.00 but not more than P100,000.00 500.00
3. More than P100,000.00 but not more than P200,000.00 1,250.00
4. More than P200,000.00 but not more than P300,000.00 1,750.00
5. More than P300,000.00 but not more than P400,000.00 2,500.00
In a real action, other than for forcible entry and
unlawful detainer, the assessed value of the 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) For 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:
1. Not more than P20,000.00 P250.00
2. More than P20,000.00 but not
more than P100,000.00 1,350.00
3. More than P100,000.00 but not
more than P200,000.00 2,000.00
4. For each proceeding other than the allowance of
wills (probate) granting of letters of administration, settlement of
estate of small value, two hundred (P200.00) pesos;
(c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
(d) For appeals in all actions or proceedings,
including forcible entry and detainer cases, taken from courts of first
level, two hundred (P200.00) pesos
(e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
(f) For taking affidavit, twenty-five (P25.00) pesos;
(g) For taking acknowledgment, thirty (P30.00) pesos;
(h) For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
(i) For certified copies of any record, per page, ten (P10.00) pesos;
(j) For stamping and registering books as required by
articles nineteen and thirty-six of the Code of Commerce each book,
thirty (P30.00) pesos;
(k) For performing notarial acts for which fees are
not specifically fixed in this section, the same fees which notaries
public are entitled to receive (8a)
Section 9. Sheriffs and other persons serving processes. —
(a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos;
(c) For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
(d) For serving temporary restraining order, or writ of injunction, preliminary or final, of any court, sixty (P60.00) pesos;
(e) For executing a writ of replevin, sixty (P60.00) pesos;
(f) For filing bonds or other instruments of
indemnity or security in provisional remedies, for each bond or
instrument, fifty (P50.00) pesos;
(g) For executing a writ or process to place a party in possession of the real estates, one hundred and fifty (P150.00) pesos;
(h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
(i) For taking inventory of goods levied upon when
the inventory is ordered by the court, one hundred and fifty (P150.00)
pesos per day of actual inventory work.
(j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
(k) For issuing a notice of garnishment, for each notice, thirty (P30.00) pesos;
(l) For money collected by him by order, execution,
attachment, or any other process, judicial or extrajudicial, the
following sums, to wit:
1. On the first four thousand (P4,000.00) pesos, five (5%) per centum
2. On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum
In addition to the fees hereinabove
fixed, the party requesting the process of any court, preliminary,
incidental, or final, shall pay the sheriff's expenses in serving or
executing the process, or safeguarding the property levied upon,
attached or seized, including kilometrage for each kilometer of travel,
guard's fees, warehousing and similar charges, in an amount estimated by
the sheriff, subject to the approval of the court. Upon approval of
said estimated expenses, the interested party shall deposit such amount
with the clerk of court and ex officio sheriff, who shall
disburse the same to the deputy sheriff assigned to effect the process,
subject to liquidation within the same period for rendering a return on
the process. Any unspent amount shall be refunded to the party making
the deposit. A full report shall be submitted by the deputy sheriff
assigned with his return, and the sheriff's expenses shall be taxed as
costs against the judgment debtor. (9a)
Section 10. Stenographers.
— Stenographers shall give certified transcript of notes taken by them
to every person requesting the same upon payment of (a) six (P6.00)
pesos for each page not less than two hundred and fifty words before the
appeal is taken and (b) three pesos and sixty centavos (P3.60) for the
same page, after the filing of the appeal, provided, however that
one-third of the total charges shall be paid to the court and the
remaining two-thirds to the stenographer concerned (10a)
Section 11. Notaries.
— No notary public shall charge or receive for any service rendered by
him any fee, remuneration or compensation in excess of those expressly
prescribed in the following schedule:
(a) For protests of drafts, bills or exchange, or
promissory notes for non-acceptance or non-payment and for notice
thereof, thirty-six (P36.00) pesos;
(b) For the registration of such protest and safekeeping of the same thirty-six (P36.00) pesos;
(c) For authenticating powers of attorney, thirty-six (P36.00) pesos;
(d) For sworn statement concerning correctness of any account or other document, thirty-six (P36.00) pesos;
(e) For each oath of affirmation, thirty-six (P36.00) pesos;
(f) For receiving evidence of indebtedness to be sent outside, thirty-six (P36.00) pesos;
(g) For issuing a certified copy of all or part of
his notarial register or notarial records, for each page, thirty-six
(P36.00) pesos;
(h) For taking depositions, for each page, thirty-six (P36.00) pesos; and
(i) For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos. (11a)
Section 12. Other officers taking depositions.
— Other officers taking depositions shall receive the same compensation
as above provided for notaries public for taking and certifying
depositions. (10)
Section 13. Witness fees.
— (a) Witnesses in the Supreme Court, in the Court of Appeals and in
the Regional Trial Courts, either in actions or special proceedings,
shall be entitled to one hundred (P100.00) pesos per day inclusive of
travel time;
(b) Witnesses before courts of the first level shall be allowed fifty (P50.00) pesos per day;
(c) Fees to which witnesses may be entitled in a
civil action shall be allowed, on a certification of the clerk of court
or judge of his appearance in the case. A witness shall not be allowed
compensation for his attendance in more than one case or more than one
side of the same case at the same time, but may elect in which of
several cases or on which side of a case, when he is summoned by both
sides, to claim his attendance. A person who is compelled to attend
court on other business shall not be paid as witness. (11a)
Section 14. Fees of appraisers. —
Appraisers appointed to appraisers appointed to appraise the estate of a
ward of a deceased person shall each receive a compensation of two
hundred (P200.00) pesos per day for the time actually and necessarily
employed in the performance of their duties and in making their reports,
which fees, in each instance, shall be paid out of the estate of the
ward or deceased person, as the case may be. Any actual and necessary
traveling expenses incurred in the performance of their duties of such
appraisers may likewise be allowed and paid out of the estate. (12a)
Section 15. Fees of commissioners in eminent domain proceedings.
— The commissioners appointed to appraise land sought to be condemned
for public uses in accordance with these rules shall each receive a
compensation of two hundred (P200.00) pesos per day for the time
actually and necessarily employed in the performance of their duties and
in making their report to the court, which fees shall be taxed as part
of the costs of the proceedings. (13a)
Section 16. Fees of commissioners in proceedings for partition of real state.
— The commissioners appointed to make partition of real state shall
each receive a compensation of two hundred (P200.00) pesos per day for
the time actually and necessarily employed in the performance of their
duties and in making their report to the court, which fees shall be
taxed as a part of the costs of the proceedings. (14a)
Section 17. Fees, and the account thereof. —
The clerk, under the direction of the judge, shall keep a book in which
shall be entered the items of fees which have accrued for the
transaction of businesses covered by the provisions of this rule, for
which fees are payable, specifying for what business each time of fees
has accrued. Receipts shall be given for all fees received and they
shall be accounted for in the manner provided in relation to the fees of
clerks of courts in actions. The book of fees kept by the clerk shall
be accounted for in the manner provided in relation of the fees of the
clerk of court in inspection of auditing officer and other interested
therein. (15)
Section 18. Indigent-litigants exempts from payment of legal fees.
— Indigent litigants (a) whose gross income and that of their immediate
family do not exceed four thousand (P4,000.00) pesos a month if
residing in Metro Manila, and three thousand (P3,000.00) pesos a month
if residing outside Metro Manila, and (b) who do not own real property
with an assessed value of more than fifty thousand (P50,000.00) pesos
shall be exempt from the payment of legal fees.
The
legal fees shall be a lien on any judgment rendered in the case
favorably to the indigent litigant, unless the court otherwise provides.
To
be entitled to the exemption herein provided, the litigant shall
execute an affidavit that he and his immediate family do not earn a
gross income abovementioned, nor they own any real property with the
assessed value aforementioned, supported by an affidavit of a
disinterested person attesting to the truth of the litigant's affidavit.
Any
falsity in the affidavit of a litigant or disinterested person shall be
sufficient cause to strike out the pleading of that party, without
prejudice to whatever criminal liability may have been incurred. (16a)
Section 19.
In addition to the fees imposed in the preceding sections, a
victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act. No.
7309 shall be assessed and collected for the filing of every complaint
or petition initiating an ordinary civil action, special civil action or
special proceeding in the trial courts including civil actions
impliedly instituted with criminal actions under Rule 111, Revised Rules
of Criminal Procedure where a filing fee is likewise collected. All
sums collected shall be remitted to the Department of Justice very
quarter by the Clerk of Court concerned. (18-A)
Section 20. Other fees.
— The following fees shall also be collected by the clerks of Regional
Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to
manifest within fifteen (15) days following the filing of the
information that the civil liability arising from the crime has been or
would be separated prosecuted:
1. Less than P100,000.00 P500.00
2. P100,000.00 or more but less than P150,000.00 P800.00
3. P150,000.00 or more but less than P200,000.00 P1,000.00
4. P200,000.00 or more but less than P250,000.00 P1,500.00
5. P250,000.00 or more but less than P300,000.00 P1,750.00
6. P300,000.00 or more but less than P350,000.00 P2,000.00
7. P350,000.00 or more but no more than P400,000.00 P2,250.00
8. For each P1,000.00 in excess of P400,000.00 P10.00
(b) For motions for postponement after completion of
the pre-trial stage, one hundred pesos (P100.00) for the first, and an
additional fifty pesos (P50.00) for every postponement 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 justifiable and compelling reason;
(c) For bonds by sureties in criminal and civil cases, three hundred pesos (P300.00);
(d) For applications for and entries of certificates
of sale and final deeds of sale in extra-judicial foreclosures of
mortgages, three hundred (P300.00) pesos;
(e) For applications for and certificates of sale in notarial foreclosures:
1. On the first four thousand (P4,000.00) pesos, five (5%) per cent;
2. On all sums in excess of four thousand (P4,000.00)
pesos, two and one half (2.5%) per cent (A.M. NO. 99-8-01-SC, September
14, 1999)
Section 21. Government exempt.
— The Republic of the Philippines, its agencies and instrumentalities,
are exempt from paying the legal fees provided in this rule, Local
governments and government-owned or controlled corporations with or
without independent charters are not exempt from paying such fees. (19)
This
Resolution shall take effect on the 1st day of March, 2000, and shall
be published in two (2) newspapers of general circulation not later than
the 15th of February 2000