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CHAPTER 11

[ THE 2002 REVISED MANUAL FOR CLERKS OF COURT, March 08, 2002 ]

THE 2002 REVISED MANUAL FOR CLERKS OF COURT



CHAPTER XI

LEGAL FEES AND COSTS


A. LEGAL FEES[1]
    SEC.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.

    SEC. 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.

    SEC. 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.

    SEC. 4. Clerks of the Court of Appeals and of the Supreme Court

    1. 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 to the lower court, taxing the costs, administering all necessary oaths or affirmations 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;
    2.   For the performance of marriage ceremony, including the issuance of certificate of marriage, three hundred (P300.00) pesos;
    3.   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;
    4.   For each certificate not on process, thirty (P30.00) pesos;
    5.   For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;
    6.   For a commission on all money coming into his hands by these 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 (P4,000.00) pesos, and one (1%) per cent on all sums in excess of forty thousand (P40,000.00) pesos.

    SEC. 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 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 action or proceeding.

    SEC. 6. Fees of bar candidates. –

    1. 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 examination;
    2. 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;
    3. Other Bar Fees. - For the issuance of:

    1. Certification of admission to the Philippine Bar ……....... 50.00
    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 Bar500.00

    For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged.

    SEC. 7. Clerks of Regional Trial Courts. -

    1. 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……………………………….P  500.00
      2. P100,000.00 or more but less than P150,000.00….....800.00
      3. P150,000.00 or more but less than P200,000.00…..1,000.00
      4. P200,000.00 or more but less than P250,000.00…..1,500.00
      5. P250,000.00 or more but less than P300,000.00…..1,750.00
      6. P300,000.00 or more but less than P350,000.00..…2,000.00
      7. P350,000.00 or more but less than P400,000.00…..2,250.00
      8. For each P1,000.00 in excess of P400,000.00……..….10.00

    2. For filing
      1. Actions where the value of the subject matter cannot be
          estimated ………………………………………………      		 P  600.00
      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.

    3. For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgage's claim is:

      1. Less than P50,000.00………………………………P  275.00
      2. P50,000.00 or more but less than P100,000.00…….400.00
      3. P100,000.00 or more but less than P150,000.00…...500.00
      4. P150,000.00 or more but less than P200,000.00….…650.00
      5. P200,000.00 or more but less than P250,000.00 ......1,000.00
      6. P250,000.00 or more but less than P300,000.00 ......1,250.00
      7. P300,000.00 or more but less than P400,000.00 ......1,500.00
      8. P400,000.00 or more but less than P500,000.00 .....1,750.00
      9. P500,000.00 or more but not more than
          P1,000,000.00..........................................................      		2,000.00
      10. For each P1,000.00 in excess of P1,000,000.00….10.00

    4. For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:

      1. More than P100,000.00 but less than
             P150,000.00……………………………..……………      		P 2,000.00
      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.

    5. For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;
    6. 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.

    7. For all other special proceedings not concerning property, two hundred (P200.00) pesos;
    8. For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
    9. For filing an application for commission as notary public, five hundred (P300.00) pesos
    10. 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;
    11. 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.
    12. For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected.

    SEC. 8. Clerks of Courts of the First Level. –

    1. 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………………………….…P  150.00
      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 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.

    2. 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………………………….…P  250.00
      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;

    3. For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
    4. For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from courts of first level, two hundred (P200.00) pesos;
    5. For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
    6. For taking affidavit, twenty-five (P25.00) pesos;
    7. For taking acknowledgment, thirty (P30.00) pesos;
    8. For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
    9. For certified copies of any record, per page, ten (P10.00) pesos;
    10. For stamping and registering books as required by articles nineteen and thirty-six of the Code of Commerce, each book, thirty (P30.00) pesos;
    11. For performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitled to receive.

    SEC. 9. Sheriffs and other persons serving processes-

    1. For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
    2. For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos;
    3. For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
    4. For serving a temporary restraining order, or writ of injunction, preliminary or final, of any court, sixty (P60.00) pesos;
    5. For executing a writ of replevin, sixty (P60.00) pesos;
    6. For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, fifty (P50.00) pesos;
    7. For executing a writ or process to place a party in possession of real estates, one hundred and fifty (P 150.00) pesos;
    8. For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
    9. 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;
    10. For levying on execution on personal or real property, seventy-five (P75.00) pesos;
    11. For issuing a notice of garnishment, for each notice, thirty (P30.00) pesos;
    12. 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, guards' 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.

    SEC. 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 of 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.

    SEC. 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:

    1. For protests of drafts, bills of exchange, or promissory notes for non-acceptance and non-payment, and for notice thereof, thirty-six (P36.00) pesos;
    2. For the registration of such protest and filing or safekeeping of the same, thirty-six (P36.00) pesos;
    3. For authenticating powers of attorney, thirty-six (P36.00) pesos;
    4. For sworn statement concerning correctness of any account or other document, thirty-six (P36.00) pesos;
    5. For each oath of affirmation, thirty-six (P36.00) pesos;
    6. For receiving evidence of indebtedness to be sent outside, thirty- six (P36.00) pesos;
    7. For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty-six (P36.00) pesos;
    8. For taking depositions, for each page, thirty-six (P36.00) pesos; and
    9. For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos.

    SEC. 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.

    SEC. 13. Witness Fees. -

    1. 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 (PI00.00) pesos per day inclusive of travel time;
    2. Witnesses before courts of the first level shall be allowed fifty (P50.00) -pesos per day;
    3. Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness.

    SEC. 14. Fees of appraisers.-

    Appraisers appointed to appraise the estate of a ward or 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.

    SEC. 15. Fees of Commissioners in Eminent Domain Proceedings-

    The commissioners appointed to appraise land sought to be condemned for public use in accordance with these rules shall each receive a compensation 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.

    SEC. 16. Fees of commissioners in proceedings for partition of real estate. -

    The commissioners appointed to make partition of real estate 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.

    SEC. 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 to the fees of the clerk of court in inspection of auditing officer and other interested therein.

    SEC. 18. Indigent-litigants exempt 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 above mentioned, 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.

    SEC. 19. Additional Fees Pursuant to Rep. Act No. 7309. –

    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 every quarter by the Clerk of Court concerned.

    SEC. 20. Other Fees.

    The following shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:

    1. In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:

      1. Less than P100,000.00….…………………………..P  500.00
      2. P100,000.00 or more but less than P150,000.00…….800.00
      3. P150,000.00 or more but less than P200,000.00…..1,000.00
      4. P200,000.00 or more but less than P250,000.00…..1,500.00
      5. P250,000.00 or more but less than P300,000.00…..1,750.00
      6. P300,000.00 or more but less than P350,000.00…..2,000.00
      7. P350,000.00 or more but no more
            than P400,000.00………………………………….…..      		2,250.00
      8. For each P1,000.00 in excess of P400,000.00….……..10.00

    2. For motions for postponement after completion of the pre-trial stage, one hundred (P100.00) pesos for the first, and an additional fifty (P50.00) pesos 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;
    3. For bonds by sureties in criminal and civil cases, three hundred (P300.00) pesos;
    4. 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;
    5. 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)

    SEC. 21. Government exempt from Paying Legal Fees.-

    The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in Rule 141. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees.
B. FILING FEES IN CASES OF VIOLATION OF BATAS BLG. 22[2]

    Upon filing, the offended party shall pay in full the filing fees based upon the amount of the check involved, which shall be considered as the actual damages claimed, in accordance with the schedule of filing fees in Sec. 7(a) and Sec. 8(a), Rule 141 of the Rules of Court. Where the offended party further seeks to enforce against the accused civil liability by way of liquidated, moral, nominal, temperate or exemplary damages, he shall pay the corresponding filing fees therefor based on the amounts thereof as alleged either in his complaint or in the information. If not so alleged but any of these damages are subsequently awarded by the court, the amount of such fees shall constitute a first lien on the judgment.

C.       GUIDELINES IN THE ALLOCATION OF LEGAL FEES UNDER RULE 141[3]

    To implement the provisions of Sec. 3, Rule 141, as revised pursuant to A.M. No. 99-8-01-SC dated September 14, 1999 and A.M. No. 00-2-01-SC dated February 1,2000 and made effective on March 1, 2000, to the effect that all increases in the legal fees shall pertain to the Judiciary Development Fund as established by law (Pres. Decree No. 1949 dated May 18, 1984) and to obviate confusion that may arise in the allocation of the legal fees collected under said rule between the General Fund and the Judiciary Development Fund, the following guidelines are hereby issued:

    I.          FUND ALLOCATION

    		General
    Fund    		Judiciary
    Fund

       Sec. 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 to the lower court, taxing the costs, administering all necessary oaths or affirmations 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 proceedings five hundred (P500.00) pesos:
    48.00
    452.00

       (b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;

    300.00

       (c) For furnishing transcript of 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;
    00.20
    303.80

       (d) For each certificate not on process, thirty (P30.00) pesos;
    1.00
    29.00

       (e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;    		1.0014.00

       (f) For a commission on all money coming into his hands by these 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 (P4,000.00) pesos, and one   (1%) percent on all sums in excess of forty thousand (P40,000.00) pesos;


                a) on all sums not exceeding 4,000
    1/2%
    2%

                b) on all sums in excess of 4,000 but not      exceeding 40,000
    1/2%
    1 1/4%

                c) on all sums in excess of 40,000
    1/8%
    7/8%

       Sec. 5. Fees to be paid by the advancing party. -- The fees of the Clerk of the Court of Appeals or the Supreme Court shall be paid to him at the time of the entry of 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 action or proceeding.


       Sec. 6 Fees of bar Candidates. -


    (a) For filing the application for admission to be bar, whether admitted to the examinations 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;
    300.00
    1,450.00

       * The amount of P200.00 pesos multiplied by the number of times the applicant has failed in the bar examination shall all go to the JDF


    (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)
    350.00
    1,400.00

       (c) Other Bar Fees. For the issuance of:


       1. Certification of admission to the Philippine
           Bar…………………………………….P 50.00
    5.00
    45.00

       2. Certificate of good standing
           (local)………………………………..….50.00

    50.00

       3. Certificate of good standing
           (foreign)…………………………….…100.00

    100.00

       4. Verification of membership
           in the bar………………………….……50.00
    1.00
    49.00

       5. Certificate of grades in
           the bar examination…………............…..50.00
    5.00
    45.00

       6. Other certification of
           records at the Bar Office,
           per page……………………..…..…….15.00
    1.00
    14.00

       7. A duplicate diploma of admission
           to the Philippine Bar……..….……500.00
    100.00
    400.00

       For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged.

    30.00

       Sec. 7. Clerks of Court of the 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 .................................P 500.00
    100.00
    400.00

       2. P100,000.00 or more but less than
              P150,000.00…………………..…...……….800.00
    150.00
    650.00

       3. P150,000.00 or more but less than
              P200,000.00………………………………1,000.00
    200.00
    800.00

       4. P200,000.00 or more but less than
              P250,000.00…………………..…….……1,500.00
    250.00
    1,250.00

       5. P250,000.00 or more but less than
              P300,000.00…………………………..….1,750.00
    300.00
    1,450.00

       6. P300,000.00 or more but less than
              P350,000.00…………..……….…………2,000.00
    350.00
    1,650.00

       7. P350,000.00 or more but not more
              than P400,000.00……………………..…2,250.00
    400.00
    1,850.00

       8. For each P1,000 in excess of
              P400,000.00……………….……….………..10.00
    2.00
    8.00

       (b) For filing:


       1 Actions where the value of the subject matter cannot be
              estimated………………………………..….600.00
    200.00
    400.00

       2. Special civil actions except judicial foreclosure of mortgage
              which shall be governed by paragraph
              a. above…………………………….……....600.00
    32.00
    568.00

       3. All other actions not involving
              property……………………….....…………600.00
    32.00
    568.00

       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 the indebtedness, or the mortgagee's claim is:


       1. Less than P50,000.00

    275.00

       2. P50,000.00 or more but less
               than P100,000.00

    400.00

       3. P100,000.00 or more but less
              than P150,000.00

    500.00

       4. P150,000.00 or more but less
              than P200,000.00

    650.00

       5. P200,000.00 or more but less
              than P250,000.00

    1,000.00

       6. P250,000.00 or more but less
              than P300,000.00

    1,250.00

       7. P300,000.00 or more but less
              than P400,000.00

    1,500.00

       8. P400,000.00 or more but less
              than P500,000.00

    1,750.00

       9. P500,000.00 or more but less
              than P1,000,000.00

    2,000.00

       10. For each P1,000.00 in excess of
    P1,000,000.00

    10.00

       (d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:


       1. More than P100,000.00 but less
           than P150,000.00……………………….P2,000.00
    590.00
    1,410.00

       2. P150,000.00 or more but less than
           P200,000.00………………………………2,250.00
    640.00
    1,610.00

       3. P200,000.00 or more but less than
           P250,000.00……………………………….2,500.00
    690.00
    1,810.00

       4. P250,000.00 or more but less than
           P300,000.00……………………………….2,750.00
    740.00
    2,010.00

       5. P300,000.00 or more but less
           than P350,000.00…………………………3,000.00
    790.00
    2,210.00

       6. P350,000.00 or more but not more
           than P400,000.00…………………………3,250.00
    840.00
    2,410.00

       7. For each P1,000.00 in excess
           P400,000.00
    1.00
    9.00

       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 (P2,000.00) pesos;
    32.00
    1,968.00

       (f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Domestic Adoption Act of 1998, the Inter-Country Adoption Act of 1995 and the Family Code, as the case may be, two hundred (P200.00) pesos;
    32.00
    168.00

       If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.


       (g) For all other special proceedings not concerning property, two hundred (P200.00) pesos;
    32.00
    168.00

       (h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;

    300.00

       (i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
    32.00
    468.00

       (j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) pesos and fifteen (PI5.00) pesos for certification;
    0.40
    3.60

       (k) For a commission on all money coming into the clerk's 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;

    15.00

       (1) On all sums not exceeding P40,000.00
    1/2%
    1%

       (2) On all sums exceeding (P40,000.00)
    1/4%
    3/4%

       (1) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos

    150.00

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


       (a) For each civil action or proceeding,  where the value of the subject matter involved, or the amount of the demand inclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs is:


       1. Not more than
              P20,000.00…………………...……………P150.00
    60.00
    90.00

       2. More than P20,000.00
              but not more than P100,000.00…………...500.00
    200.00
    300.00

       3. More than P100,000.00
              but not more than P200,000.00...………1,250.00
    357.00
    893.00

       4. More than P200,000.00
              but not more than 300,000.00………….1,750.00
    520.00
    1,230.00

       5. More than P300,000.00
              but not more than P400,000.00…..…….2,500.00
    650.00
    1,850.00

       In 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…………………………………250.00
    60.00
    190.00

       2. More than P20,000.00 but not more
           than P100,000.00…………………………1,350.00
    540.00
    810.00

       3. More than P100,000.00but not more
           than 200,000.00……………………….….2,000.00
    697.50
    1,302.50

       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;

    200.00

       (c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos
    10.00
    140.00

       (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;
    20.00
    180.00

       (e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
    2.00
    298.00

       (f) For taking affidavit, twenty five (P25.00) pesos;
    1.00
    24.00

       (g) For taking acknowledgment, thirty (P30.00) pesos;
    1.50
    28.50

       (h) For taking and certifying depositions, including the oath, per page, eight (P8.00) pesos;
    0.40
    7.60

       (i) For certified copies of any record, per page, ten (P10.00) pesos;
    0.40
    9.60

       (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;
    2.00
    28.00

       (k) For performing notarial acts for which fees are not specifically fixed in this section, the same fees within notaries public are entitled to receive.


       Sec. 9. Sheriffs and other persons serving processes.


       (a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
    4.00
    56.00

       (b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos
    0.40
    23.60

       (c) for executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
    4.00
    56.00

       (d) For serving a temporary restraining order, or writ of injunctions, preliminary or final, of any court, sixty, (P60.00) pesos;

    60.00

       (e)For executing a writ of replevin, sixty (P60.00) pesos;

    60.00

       (f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, fifty (P50.00) pesos;
    1.00
    49.00

       (g) For executing a writ of process to place a party in possession of real estates, one hundred fifty (P150.00) pesos;
    4.00
    146.00

       (h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
    2.00
    73.00

       (i) For taking inventory of goods levied upon when the inventory is ordered by the court, one hundred and fifty (PI50.00) pesos per day of actual inventory work;

    150.00

       (j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
    2.00
    73.00

       (k) For issuing a notice of garnishment, for each notice, thirty (P30.00) pesos;

    30.00

       (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), five (5%) per centum;
    1%
    4%

       2. On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.
    1/2%
    2%

       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, guards' 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.


       Sec. 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 of 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.
    0.60

      0.30
    1.40

      0.90

       Sec. 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 of 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 filing or 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;


       (i)For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos.


       Sec. 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.


       Sec. 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 (Pl00.00) 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 the certification of the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at the same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as a witness.


       Sec. 14. Fees of appraisers. -- 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 travelling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate.


       Sec. 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.


       Sec. 16. Fees of commissioners in proceedings for partition of real estate.- The commissioners appointed to make partition of real estate 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.


       Sec. 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 to the fees of the clerk of court inspection of auditing officer and other interested therein.


       Sec. 18. Indigent-litigants exempt 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 above mentioned, 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.


       Sec. 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 Ill, Revised Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned.


       Sec. 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 separately prosecuted;


       1. Less than P100,000.00
    2.00
    28.00

       2. P100,000.00 or more but less than
              P150,000.00

    800.00

       3. P150,000.00 or more but less than
               P200,000.00

    1,000.00

       4. P200,000.00 or more but less than
               P250,000.00

    1,500.00

       5. P250,000.00 or more but less than
               P300,000.00

    1,750.00

       6. P300,000.00 or more but less than
              P350,000.00

    2,000.00

       7. P350,000.00 or more but less than
              P400,000.00

    2,250.00

       8. For each P1,000.00 in excess of
               P400,000.00

    2,000.00

       (b) For motions for postponements after completion of the pre-trial stage, one hundred (P100.00) pesos for the first, and an additional fifty (P50.00) pesos 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 (P300.00) pesos;

    300

       (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;

    300.00

       (e) For certificates of sale in notarial foreclosures:


       1. On the first four thousand (P4,000.00) pesos five (5%) percent;

    JDF

       2. On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) percent. (A.M. No. 99-8-01-SC, September 14, 1999), which amount shall not exceed one hundred thousand (P100,000.00) pesos (A.M. No. 99-10-05-0, August 7, 2001)

    JDF

       Sec. 21. Government exempt. from Paying Legal Fees– The Republic of the Philippines and 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.


    II.          PROCEDURAL GUIDELINES

      A. Judiciary Development Fund

        Establishment of the Fund - The Judiciary Development Fund, hereinafter referred to as the Fund is intended to benefit the members and personnel of the Judiciary as mandated by the Constitution. The Fund shall be derived from, among others, the increase in legal fees prescribed in the amendments to Rule 141 of the Rules of Court, which became effective on October 1, 1984. The fund shall be used to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities. At least eighty percent (80%) of the Fund shall be used for cost of living allowances, and not more than twenty percent (20%) of the said Fund shall be used for office equipment and facilities of the Court located where the legal fees are collected. The aforesaid allowances of the members and personnel of the Judiciary shall be distributed in proportion of their basic salaries, with bigger allowances being granted to those receiving a basic salary of less than P1,000.00 a month. (Section 1, Pres. Decree No. 1949)

        The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursement and expenditures of the Fund in accordance with Presidential Decree No. 1949 and its implementing rules and regulations. (Sec. 2, Pres. Decree No. 1949)

        1. Duty of the Clerks of Court, Officers-in-Charge or Accountable Officers

          The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipts therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render Monthly Report of Collections and Deposits for said Fund.

        2. Depository Bank for the Fund

          The amounts accruing shall be deposited for the account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court, Officers-in-Charge, of the Office of the Clerk of Court in an authorized government depository bank. The income or interest earned shall likewise form part of the Fund. For this purpose, the depository bank for the Fund shall be the LAND BANK OF THE PHILIPPINES (LBP) or its branches. In the absence of a LBP Branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the latter for deposit to the JDF Savings Account.

          In cases of remittances through PMOs, Clerks of Courts/Accountable Officers are directed to check the entries on the PMO as to (a) date (staled PMOs should not be remitted); (b) amount in words and figures; and (c) signature of the Postmaster, to avoid inconveniences.
        3. Systems and Procedures

          1. In the Supreme Court

            The Collecting and Disbursing officer of the Supreme Court shall, unless otherwise authorized by the Chief Justice, deposit daily all collections accruing to the Fund with the LBP main office "For the account of the Judiciary Development Fund, Supreme Court, Manila - SAVINGS ACCOUNT NO. 0591-0116-34.

          2. In the CA, SB and CTA

            The respective offices in these courts shall deposit daily their collections accruing to the Fund in the aforementioned SAVINGS ACCOUNT with the LBP for the account of the JUDICIARY DEVELOPMENT FUND, Supreme Court, Manila, furnishing the Chief FMBO of the Supreme Court the notice of such deposits.

          3. In the RTC, MeTC, MTCC, MTC, MCTC, SDC, SCCThe daily collections for the Fund in these courts shall be deposited everyday with the nearest LBP branch for the account of the Judiciary Development Fund, Supreme Court, Manila - SAVINGS ACCOUNT No. 0591-0116-34 or if depositing daily is not possible, deposits for the Fund shall be at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall be deposited immediately even before the period above- indicated.

            A separate set of official receipts shall be used for the collections for the Fund. The official receipts issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, "JDF", followed immediately by the description of the kind and nature of the collection. Official receipts for the Fund shall be provided by the Supreme Court.

            Collections shall not be used for encashment of personal checks, salary checks, etc. Only Cash, Cashier's Check and Manager's Check are acceptable as payments.

            Cash Book for the Judiciary Development Fund can be requisitioned from the Property Division, Office of the Court Administrator.

          4. Rendition of Monthly Report

            Separate "Monthly Report of Collections and Deposits" shall be regularly prepared for the Judiciary Development Fund which shall be submitted to the Chief Accountant, FMO, OCA, copy furnished the FMBO, Supreme Court, the Fiscal Monitoring Division within ten (10) days after the end of every month. Duplicate copies of the official receipts issued during such month covered and validated copy of the Deposit Slips, should likewise be submitted. Deposit slips that are not machine validated shall not be considered as deposits.

            The aggregate total of the Deposit Slips for any particular. month should always be equal to and tally with the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.

          5. Reimbursement of Expenses

            All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Judiciary Development Fund shall be reimbursed by the Supreme Court, OCA upon submission of the duly accomplished voucher, together with the necessary receipts and other supporting papers required in audit, direct to the Chief of Finance Division, FMO (OCA).

            In no case shall expenses incurred for the Judiciary Development Fund be deducted from the collections which should be remitted in full.

            All reports and correspondence relative to collections and deposits of Judiciary Development Fund shall be addressed to:

            THE CHIEF ACCOUNTANT- (OCA)
            SUPREME COURT OF THE PHILIPPINES
            MANILA


            The FMO (OCA) shall in turn submit a report thereon to the Chief Justice.

          6. Account Examination for Internal Control

            To safeguard and control the Fund, examination of the records of the Clerks of Court, Officers-in-Charge or Accountable Officers shall be conducted by the staff and personnel of the Supreme Court, OCA whenever circumstances warrant.

        4. Disposition of the Fund shall only be upon prior authority of the Chief Justice.

      B.         General Fund

      1. Duty of the Clerks of Court, Officers-in-Charge or Accountable Officers

        The Clerks of Court, Officers-in-Charge of the office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the General fund collections, issue the proper receipts therefor, maintain a separate cash book properly marked CASH BOOK FOR CLERK OF COURT's GENERAL FUND AND SHERIFF'S GENERAL FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.

      2. Depository Bank of the GF

        The amounts accruing to the Fund shall be deposited for the account of the General Fund, Bureau of Treasury by the Clerks of Court, Officers-in-Charge of the office of the Clerk of Court in an authorized government depository bank. For this purpose, the depository bank for the GF shall be the LAND BANK OF THE PHILIPPINES (LBP) or its branches. In the absence of a LBP Branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the Chief Accountant, SC (OCA) for deposit to the Bureau of Treasury.

        The aggregate total of the Deposit Slips for any particular month should always be equal to and tally with the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.

      3. Reimbursement of Expenses

        All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Sheriff's General Fund and Clerk of Court's General Fund shall be reimbursed by the Supreme Court, OFFICE OF THE COURT ADMINISTRATOR upon submission of the duly accomplished voucher, together with the necessary receipts and other supporting papers required in audit, direct to the Chief of Finance Division, FMO, OFFICE OF THE COURT ADMINISTRATOR.

        In no case shall expenses incurred for the Sheriff's General Fund and Clerk of Court's General Fund be deducted from the collections which should be remitted in full.

        All reports and correspondence relative to collections and deposits of General Fund shall be addressed to:

        THE CHIEF ACCOUNTANT ---
        (OFFICE OF THE COURT ADMINISTRATOR)
        SUPREME COURT OF THE PHILIPPINES
        MANILA


        The FMO (OCA) shall in turn submit a report thereon to the Chief Justice.

        Strict observance of these rules and regulations is hereby enjoined. The Clerks of Court, Officers-in-Charge shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall mean the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected, pursuant to Sec. 122 of Pres. Decree No. 1445 dated June 11, 1978, without prejudice to such further disciplinary action the Court may take against them.

D. OTHER SOURCES OF THE JUDICIARY DEVELOPMENT FUND (JDF)[4]

    In order to augment the Judiciary Development Fund created by Pres. Decree No. 1949, the Supreme Court hereby RESOLVES:

    1. To (a) increase the docket and other fees presently prescribed in Rule 141 of the Rules of Court, and (b) prescribe and impose docket fees on estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been, or would be, separately prosecuted; motions for postponement after completion of the pre-trial stage; applications for notarial commissions; bonds by sureties in criminal and civil cases; applications for and entries of certificates of sale and final deeds of sale in extrajudicial foreclosures of mortgages; and applications for and certificates of sale in notarial foreclosures.
    2. To declare as part of the Judiciary Development Fund the following:

      1. Incomes derived by the Judiciary from:

        1. Sales of:aa. Reports (of Decisions of the Supreme Court, Court of Appeals, Sandiganbayan), books, periodicals, pamphlets or the like, printed by the Supreme Court printing press or any other printing firm at the instance of or for the Supreme Court, Court of Appeals, or Sandiganbayan or as the case may be;

          bb Unserviceable equipment and pieces of furniture (such as vehicles, computers, typewriters, chairs, tables, etc.)

          cc. Disposable records or papers; and

        2. The pursuit or operation of transportation facilities for members and personnel of the Judiciary offered by the Supreme Court, Court of Appeals, the Sandiganbayan, or the lower courts;
        3. The grant of concessions to operate canteens or to provide other services; and
        4. Rentals of facilities.

      2. Fees collected from Bar candidates, or participants of seminars/workshops or conferences offered or conducted by the Court.
      3. Fees now authorized to be paid or collected by sheriffs, such as sheriff's commissions.
      4. Interests on deposits.
      5. Interests on deposits of money paid to or deposited with clerks of courts or other accountable officials of courts for any purpose, such as for interpleader, consignation, etc., which have been, or to be treated as trust fund or special fund.
      6. Confiscated cash bonds, satisfaction of judgments against bonds, and proceeds from the public sale of confiscated property bonds, in both civil and criminal cases where such bonds were posted.
E. LEGAL FEES IN THE SANDIGANBAYAN

    The Sandiganbayan may adopt, whenever applicable, the legal fees prescribed in Rule 141, as amended. The sheriff's fees stenographer's fees and some miscellaneous fees are listed in Sec. 6 of Chapter VI of this Manual.

F. LEGAL FEES IN THE COURT OF TAX APPEALS

    The legal fees for the Court of Tax Appeals are listed in Section G of Chapter V of this Manual.

G. SCHEDULE OF FEES UNDER PRES. DECREE NO. 1529 (PROPERTY REGISTRATION DECREE)

    The fees payable to the Clerk of Court under the Property Registration Decree are listed in paragraph 41 of the LRA Manual of Instructions to be Observed by the Clerks of Courts in Ordinary and Cadastral Land Registration Cases (Appendix B).

H. RECONSTITUTION OF TITLE

    No fees shall be charged for the filing of any petition under Rep. Act No. 26, nor for any service rendered, in connection therewith or in compliance with any provision of said Act, by the Commission of Land Registration (now Land Registration Authority), Clerks of Court of First Instance (now Regional Trial Courts), Sheriff, and/or Register of Deeds. Any certified copy of document or paper that may be necessary in the reconstitution of a certificate of title under said Act shall, upon request of the Court, Register of Deeds, or Commission of Land Registration.(Land Registration Authority), be furnished free of charge, by any office or branch of the government, including government-controlled corporations, institutions or instrumentalities.[5]

[1] A.M. No. 00-2-01-SC (Resolution Amending Rule 141 (Legal Fees) of the Rules of Court.

[2] Circular No. 57-97, September 16, 1997.

[3] Adm. Circular No. 3-2000, June 15, 2000.

[4] Resolution of the Court En banc, dated September 14, 1999 in A.M. No. 99-8-01-SC.

[5] Rep. Act No. 26, as amended, Sec. 23.
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