Judicial Code

8/9/2019 Judicial Code

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RULE 135

Powers and Duties of Courts and Judicial Officers

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

pleading, motion or other papers, for the trial of cases, hearing of motions, and for the

issuance of orders or rendition of judgments. Justice shall be impartially administered

without unnecessary delay.

Sec 2. Publicity of proceedings and records. — The sitting of every court of justice shall

be public, but any court may, in its discretion, exclude the public when the evidence to be

adduced is of such nature as to require their exclusion in the interest of morality or

decency. The records of every court of justice shall be public records and shall be

available for the inspection of any interested person, at all proper business hours, under the supervision of the cler having custody of such records, unless the court shall, in any

special case, have forbidden their publicity, in the interest of morality or decency.

Section 3. Process of superior courts enforced throughout the Philippines. — !rocess

issued from a superior court in which a case is pending to bring in a defendant, or for the

arrest of any accused person, or to execute any order or judgment of the court, may be

enforced in any part of the !hilippines.

Section 4. Process of inferior courts. — The process of inferior courts shall be

enforceable within the province where the municipality or city lies. "t shall not be served

outside the boundaries of the province in which they are compromised except with theapproval of the judge of first instance of said province, and only in the following cases#

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

complied with'

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

made'

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

$d% &hen the place where the case has been brought is that specified in a contract inwriting between the parties, or is the place of the execution of such contract as appears

therefrom.

&rits of execution issued by inferior courts may be enforced in any part of the part of the!hilippines without any previous approval of the judge of first instance.


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Criminal process may be issued by a justice of the peace or other inferior court, to be

served outside his province, when the district judge, or in his absence the provincial

fiscal, shall certify that in his opinion the interest of justice require such service.

Section 5. Inherent powers of court . — (very court shall have power#

$a% To preserve and enforce order in its immediate presence'

$b% To enforce order in proceedings before it, or before a person or persons empowered to

conduct a judicial investigation under its authority'

$c% To compel obedience to its judgments, orders and processes, and to the lawful ordersof a judge out of court, in a case pending therein'

$d% To control, in furtherance of justice, the conduct of its ministerial officers, and of all

other persons in any manner connected with a case before it, in every manner

appertaining thereto'

$e% To compel the attendance of persons to testify in a case pending therein'

$f% To administer or cause to be administered oaths in a case pending therein, and in all

other cases where it may be necessary in the exercise of its powers'

$g% To amend and control its process and orders so as to mae them conformable to law

and justice'

$h% To authori)e a copy of a lost or destroyed pleading or other paper to be filed and used

instead of the original, and to restore, and supply deficiencies in its records and proceedings.

Section . Means to carry jurisdiction into effect . — &hen by law jurisdiction isconferred on a court or judicial officer, all auxiliary writs, processes and other means

necessary to carry it into effect may be employed by such court or officer' and if the

procedure to be followed in the exercise of such jurisdiction is not specifically pointed

out by law or by these rules, any suitable process or mode of proceeding may be adoptedwhich appears comfortable to the spirit of the said law or rules.

Section !. Trials and hearings; orders in chambers. — *ll trials upon the merits shall be

conducted in open court and so far as convenient in a regular court room. *ll other acts or proceeding may be done or conducted by a judge in chambers, without the attendance of the cler or other court officials.

Section ". Interlocutory orders out of province. — * judge of first instance shall have

power to hear and determine, when within the district though without his province, anyinterlocutory motion or issue after due and reasonable notice to the parties. +n the filing

of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in


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any Court of irst "nstance, the hearings may be had at any place in the judicial district

which the judge shall deem convenient.

Section #. Signing judgments out of province. — &henever a judge appointed or assignedin any province or branch of a Court of irst "nstance in a province shall leave the

province by transfer or assignment to another court of equal jurisdiction, or by expirationof his temporary assignment, without having decided a case totally heard by him and

which was argued or an opportunity given for argument to the parties or their counsel, itshall be lawful for him to prepare and sign his decision in said case anywhere within the

!hilippines. -e shall send the same by registered mail to the cler of the court where the

case was heard or argued to be filed therein as of the date when the same was received bythe cler, in the same manner as if he had been present in court to direct the filing of the

judgment. "f a case has been heard only in part, the upreme Court, upon petition of any

of the parties to the case and the recommendation of the respective district judge, mayalso authori)e the judge who has partly heard the case, if no other judge had heard the

case in part, to continue hearing and to decide said case notwithstanding his transfer or

appointment to another court of equal jurisdiction.

RULE 13

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

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

are these#

Arms — !aleways of two pieces a)ure and gules superimposed a balance or center withtwo tablets containing the commandments of /od or on either side' a chief argent withthree mullets or equidistant from each other' in point of honor, avoidargent over all the

sun rayonant or with eight major and minor rays.

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

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

garland the text 0upreme Court, 1epublic of the !hilippines.0

The arms and the seal of the Court of *ppeals shall be the same as that of the upreme

Court with the only difference that in the seal shall bear around the garland and text0Court of *ppeals, 1epublic of the !hilippines.0

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

upreme Court with the only difference that in the seal shall bear around the garland andtext 0Court of irst "nstance, the name of the province, 1epublic of the !hilippines.0


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

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

be signed by the cler and bear date the day it actually issued.

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

shall be open during business hours on all days except undays and legal holidays. Thecler of the upreme Court and that of the Court of *ppeals shall eep office at 3anila

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

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

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

of which does not involve the exercise of functions appertaining to the court or judgeonly' and may, under the direction of the court or judge, mae out and sign letters of

administration, appointments of guardians, trustees, and receivers, and all writs and

process issuing from the court.

Section 5. %uties of the cler# in the absence or by direction of the judge. — "n theabsence of the judge, the cler may perform all the duties of the judge in receiving

applications, petitions, inventories, reports, and the issuance of all orders and notices that

follows as a matter of course under these rules, and may also, when directed so to do by

the judge, receive the accounts of executors, administrators, guardians, trustees, andreceivers, and all evidence relating to them, or to the settlement of the estates of deceased

persons, or to guardianship, trusteeships, or receiverships, and forthwith transmit such

reports, accounts, and evidence to the judge, together with his findings in relation to thesame, if the judge shall direct him to mae findings and include the same in his report.

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

court shall receive and file all pleadings and other papers properly presented, endorsingon each such paper the time when it was filed, and shall attend all of the sessions of thecourt enter its proceedings for each day in a minute boo to be ept by him.

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

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

court, and the seals and furniture belonging to his office.

Section ". &eneral doc#et . — The cler shall eep a general docet, each page of which

shall be numbered and prepared for receiving all the entries in a single case, and shall

enter therein all cases, numbered consecutively in the order in which they were received,

and, under the heading of each case and complete title thereof, the date of each paper filed or issued, of each order or judgment entered, and of each other step taen in the case

so that by reference to a single page the history of the case may be seen.

Section #. 'udgment and entries boo# . — The cler shall eep a judgment boo containing a copy of each judgment rendered by the court in order of its date, and a boo

of entries of judgments containing at length in chronological order entries of all final

judgments or orders of the court.


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

deputy shall record at length in chronological order each execution, and the officer2s

return thereon, by virtue of which real property has been sold.

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

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

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

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

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

parties, and each of them. "f the court so directs, the cler shall eep two or more of either or all of the boos and docets above mentioned, separating civil from criminal cases, or

actions from special proceedings, or otherwise eeping cases separated by classes as the

court shall deem best.

Section 14. Ta#ing of record from the cler#$s office. — 4o record shall be taen from thecler2s office without an order of the court except as otherwise provided by these rules.

-owever, the olicitor /eneral or any of his assistants, the provincial fiscal or his deputy,

the attorneys de oficio shall be permitted, proper receipt, to withdraw from the cler2soffice the record of any cases in which they are interested.

Section 15. *nprinted papers. — *ll unprinted documents presented to the superior

courts of the !hilippines shall be written on paper of good quality twelve and three inches

in length by eight and one5half inches in width, leaving a margin at the top and the left5

hand side not less than one inch and one5half in width. Papel catalan, of the first andsecond classes, legal cap, and typewriting paper of such weight as not to permit the

writing of more than one original and two carbons at one time, will be accepted, providedthat such papers is of the required si)e and of good quality. 6ocuments written with in

shall not be of more than twenty5five lines to one page. Typewritten documents shall be

written double spaced. +ne side only of the page will be written upon, and the different

sheets will be sewn together, firmly, by five stitches in the left 5hand border in order tofacilitate the formation of the e!pediente, and they must not be doubled.

Section 1. Printed papers. — *ll papers require by these rules to be printed shall be

printed with blan in on ungla)ed paper, with pages six inches in width by nine inches

in length, in pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of sufficient weight to prevent the printing upon one side from being

visible upon the other.

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

immediately at the close of such morning or afternoon session, all the notes he has taen,

to be attached to the record of the case' and it shall liewise be the duty of the cler to


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demand that the stenographer comply with said duty. The cler of court shall stamp the

date on which such notes are received by him. &hen such notes are transcribed the

transcript shall be delivered to the cler, duly initiated on each page thereof, to beattached to the record of the case.

&henever requested by a party, any statement made by a judge of first instance, or by acommissioner, with reference to a case being tried by him, or to any of the parties thereto,

or to any witness or attorney, during the hearing of such case, shall be made of record inthe stenographic notes.

Section 1". %oc#et and other records of interior courts. — (very justice of the peace and

municipal judge shall eep a well5bound boo labeled 0docet0 in which he shall enter for each case#

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

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

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

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

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

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

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

$g% The names and addresses of all witnesses'

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

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

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

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

* justice of the peace or municipal judge may eep two docets, one for civil and one for criminal cases. -e shall also eep all the pleadings and other papers and exhibits in cases

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

justice of peace or municipal judge to reduce writing the testimony of witnesses, except

that of the accused in preliminary investigations.


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Section 1#. (ntry on doc#et of interior courts. — (ach justice of the peace or municipal

judge shall, at the beginning and in from of all his entries in his docet, mae and

subscribe substantially the following entry#

* docet of proceedings in cases before . . . . . . . . . . . . . . . . . . . . . . .' justice of the peace%

or municipal judge% of the municipality $or city% of . . . . . . . . . . . ., in the province of . . . .. . . . . . . . . . 1epublic, of the !hilippines.

&itness my signature,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Justice of !eace $or 3unicipal Judge%

RULE 13!

Dis*ualification of Judicial Officers

Section 1. %is"ualification of judges. — 4o judge or judicial officer shall sit in any casein which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or

otherwise, or in which he is related to either party within the sixth degree of

consanguinity or affinity, or to counsel within the fourth degree, computed according to

the rules of the civil law, or in which he has been executor, administrator, guardian,trustee or counsel, or in which he has been presided in any inferior court when his ruling

or decision is the subject of review, without the written consent of all parties in interest,signed by them and entered upon the record.

* judge may, in the exercise of his sound discretion, disqualify himself from sitting in a

case, for just or valid reasons other than those mentioned above.

Section 2. )bjection that judge dis"ualified+ how made and effect . — "f it be claimed that

an official is disqualified from sitting as above provided, the party objecting to hiscompetency may, in writing, file with the official his objection, stating the grounds

therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, inaccordance with his determination of the question of his disqualification. -is decisionshall be forthwith made in writing and filed with the other papers in the case, but no

appeal or stay shall be allowed from, or by reason of, his decision in favor of his own

competency, until after final judgment in the case.

RULE 13"


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+ttorne,s and +d-ission to ar

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

of the bar, or hereafter admitted as such in accordance with the provisions of this rule,and who is in good and regular standing, is entitled to practice law.

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

for admission as a member of the bar must be a citi)en of the !hilippines, at least twenty5

one years of age, of good moral character, and resident of the !hilippines' and must produce before the upreme Court satisfactory evidence of good moral character, and that

no charges against him, involving moral turpitude, have been filed or are pending in any

court in the !hilippines.

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

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


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approved and recogni)ed by the ecretary of (ducation. The affidavit of the candidate,

accompanied by a certificate from the university or school of law, shall be filed as

evidence of such facts, and further evidence may be required by the court.

4o applicant shall be admitted to the bar examinations unless he has satisfactorily

completed the following courses in a law school or university duly recogni)ed by thegovernment# civil law, commercial law, remedial law, criminal law, public and private

international law, political law, labor and social legislation, medical jurisprudence,taxation and legal ethics.

Section . Pre/aw. — 4o applicant for admission to the bar examination shall be

admitted unless he presents a certificate that he has satisfied the ecretary of (ducationthat, before he began the study of law, he had pursued and satisfactorily completed in an

authori)ed and recogni)ed university or college, requiring for admission thereto the

completion of a four5year high school course, the course of study prescribed therein for a

bachelor2s degree in arts or sciences with any of the following subjects as major or field

of concentration# political science, logic, english, spanish, history and economics.

Section !. Time for filing proof of "ualifications. — *ll applicants for admission shall file

with the cler of the upreme Court the evidence required by section = of this rule at least

fifteen $9>% days before the beginning of the examination. "f not embraced within section? and 8 of this rule they shall also file within the same period the affidavit and certificate

required by section >, and if embraced within sections ? and 8 they shall exhibit a license

evidencing the fact of their admission to practice, satisfactory evidence that the same hasnot been revoed, and certificates as to their professional standing. *pplicants shall also

file at the same time their own affidavits as to their age, residence, and citi)enship.

Section ". 0otice of Applications. — 4otice of applications for admission shall be published by the cler of the upreme Court in newspapers published in !ilipino, (nglishand panish, for at least ten $9@% days before the beginning of the examination.

Section #. (!amination; subjects. — *pplicants, not otherwise provided for in sections ?

and 8 of this rule, shall be subjected to examinations in the following subjects# Civil Aaw'

Aabor and ocial Aegislation' 3ercantile Aaw' Criminal Aaw' !olitical Aaw$Constitutional Aaw, !ublic Corporations, and !ublic +fficers%' "nternational Aaw

$!rivate and !ublic%' Taxation' 1emedial Aaw $Civil !rocedure, Criminal !rocedure, and

(vidence%' Aegal (thics and !ractical (xercises $in !leadings and Conveyancing%.

Section 1). 1ar e!amination+ by "uestions and answers+ and in writing . — !ersonstaing the examination shall not bring papers, boos or notes into the examination rooms.

The questions shall be the same for all examinees and a copy thereof, in (nglish or

panish, shall be given to each examinee. (xaminees shall answer the questions personally without help from anyone.

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

that it will be difficult to read his answers without much loss of time., the upreme Court


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may allow such examinee to use a typewriter in answering the questions. +nly noiseless

typewriters shall be allowed to be used.

The committee of bar examiner shall tae such precautions as are necessary to preventthe substitution of papers or commission of other frauds. (xaminees shall not place their

names on the examination papers. 4o oral examination shall be given.

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

!hilippines shall tae place annually in the City of 3anila. They shall be held in four days to be disignated by the chairman of the committee on bar examiners. The subjects

shall be distributed as follows# irst day# !olitical and "nternational Aaw $morning% and

Aabor and ocial Aegislation $afternoon%' econd day# Civil Aaw $morning% and Taxation$afternoon%' Third day# 3ercantile Aaw $morning% and Criminal Aaw $afternoon%' ourth

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

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

of bar examiners to be appointed by the upreme Court. This committee shall becomposed of a Justice of the upreme Court, who shall act as chairman, and who shall be

designated by the court to serve for one year, and eight members of the bar of the

!hilippines, who shall hold office for a period of one year. The names of the members of

this committee shall be published in each volume of the official reports.

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

member of the committee, and during examination the candidates shall not communicate

with each other nor shall they give or receive any assistance. The candidate who violatesthis provisions, or any other provision of this rule, shall be barred from the examination,

and the same to count as a failure against him, and further disciplinary action, including

permanent disqualification, may be taen in the discretion of the court.

Section 14. Passing average. — "n order that a candidate may be deemed to have passedhis examinations successfully, he must have obtained a general average of B> per cent in

all subjects, without falling below >@ per cent in any subjects. "n determining the average,

the subjects in the examination shall be given the following relative weights# Civil Aaw,

9> per cent' Aabor and ocial Aegislation, 9@ per cent' 3ercantile Aaw, 9> per cent'Criminal Aaw' 9@ per cent# !olitical and "nternational Aaw, 9> per cent' Taxation, 9@ per

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

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

ebruary 9>th after the examination, or as soon thereafter as may be practicable, thecommittee shall file its report on the result of such examination. The examination papers

and notes of the committee shall be filed with the cler and may there be examined by the

parties in interest, after the court has approved the report.

Section 1. 2ailing candidates to ta#e review course. — Candidates who have failed the

bar examinations for three times shall be disqualified from taing another examination

unless they show the satisfaction of the court that they have enrolled in and passed


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regular fourth year review classes as well as attended a pre5bar review course in a

recogni)ed law school.

The professors of the individual review subjects attended by the candidates under thisrule shall certify under oath that the candidates have regularly attended classes and passed

the subjects under the same conditions as ordinary students and the ratings obtained bythem in the particular subject.

Section 1!. Admission and oath of successful applicants. — *n applicant who has passedthe required examination, or has been otherwise found to be entitled to admission to the

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

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

member of the bar for all the courts of the !hilippines, and shall direct an order to beentered to that effect upon its records, and that a certificate of such record be given to him

by the cler of court, which certificate shall be his authority to practice.

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

attorneys admitted to practice, which roll shall be signed by the person admitted when hereceives his certificate.

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

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

Constitution and obey the laws of the !hilippines.

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

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

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

$d% To employ, for the purpose of maintaining the causes confided to him, such means

only as are consistent with truth and honor, and never see to mislead the judge or any judicial officer by an artifice or false statement of fact or law'

$e% To maintain inviolate the confidence, and at every peril to himself, to preserve the

secrets of his client, and to accept no compensation in connection with his client2s

business except from him or with his nowledge and approval'

$f% To abstain from all offensive personality and to advance no fact prejudicial to thehonor or reputation of a party or witness, unless required by the justice of the cause with

which he is charged'

$g% 4ot to encourage either the commencement or the continuance of an action or proceeding, or delay any man2s cause, from any corrupt motive or interest'


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

or oppressed'

$i% "n the defense of a person accused of crime, by all fair and honorable means,regardless of his personal opinion as to the guilt of the accused, to present every defense

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

ection =9. Authority of attorney to appear . — an attorney is presumed to be properlyauthori)ed to represent any cause in which he appears, and no written power of attorney

is required to authori)e him to appear in court for his client, but the presiding judge may,

on motion of either party and on reasonable grounds therefor being shown, require anyattorney who assumes the right to appear in a case to produce or prove the authority

under which he appears, and to disclose, whenever pertinent to any issue, the name of the

person who employed him, and may thereupon mae such order as justice requires. *n

attorneys wilfully appear in court for a person without being employed, unless by leave of

the court, may be punished for contempt as an officer of the court who has misbehaved inhis official transactions.

Section 22. Attorney who appears in lower court presumed to represent client on appeal .

— *n attorney who appears de parte in a case before a lower court shall be presumed tocontinue representing his client on appeal, unless he files a formal petition withdrawing

his appearance in the appellate court.

Section 23. Authority of attorneys to bind clients. — *ttorneys have authority to bindtheir clients in any case by any agreement in relation thereto made in writing, and in

taing appeals, and in all matters of ordinary judicial procedure.


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retire at any time from an action or special proceeding, without the consent of his client,

should the court, on notice to the client and attorney, and on hearing, determine that he

ought to be allowed to retire. "n case of substitution, the name of the attorney newlyemployed shall be entered on the docet of the court in place of the former one, and

written notice of the change shall be given to the advance party.

* client may at any time dismiss his attorney or substitute another in his place, but if the

contract between client and attorney has been reduced to writing and the dismissal of theattorney was without justifiable cause, he shall be entitled to recover from the client the

full compensation stipulated in the contract. -owever, the attorney may, in the discretion

of the court, intervene in the case to protect his rights. or the payment of hiscompensation the attorney shall have a lien upon all judgments for the payment of money,

and executions issued in pursuance of such judgment, rendered in the case wherein his

services had been retained by the client.

Section 2!. Attorneys removed or suspended by Supreme Court on what grounds. — *

member of the bar may be removed or suspended from his office as attorney by theupreme Court for any deceit, malpractice, or other gross misconduct in such office,

grossly immoral conduct, or by reason of his conviction of a crime involving moralturpitude, or for any violation of the oath which he is required to tae before the

admission to practice, or for a wilfull disobedience of any lawful order of a superior

court, or for corruptly or willful appearing as an attorney for a party to a case withoutauthority so to do. The practice of soliciting cases at law for the purpose of gain, either

personally or through paid agents or broers, constitutes malpractice.

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

— The Court of *ppeals or a Court of irst "nstance may suspend an attorney from

practice for any of the causes named in the last preceding section, and after suchsuspension such attorney shall not practice his profession until further action of the

upreme Court in the premises.

Section 2#. *pon suspension by the Court of Appeals or Court of 2irst Instance+ further proceedings in Supreme Court . — 7pon such suspension, the Court of *ppeals or the

Court of irst "nstance shall forthwith transmit to the upreme Court a certified copy of

the order of suspension and a full statement of the facts upon which the same was based.7pon the receipt of such certified copy and statement, the upreme Court shall mae a

full investigation of the facts involved and mae such order revoing or extending the

suspension, or removing the attorney from his office as such, as the facts warrant.

Section 3). Attorney to be heard before removal or suspension. — 4o attorney shall beremoved or suspended from the practice of his profession, until he has had full

opportunity upon reasonable notice to answer the charges against him, to produce

witnesses in his own behalf, and to be heard by himself or counsel.


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Section 31. Attorneys for destitute litigants. — * court may assign an attorney to render

professional aid free of charge to any party in a case, if upon investigation it appears that

the party is destitute and unable to employ an attorney, and that the services of counselare necessary to secure the ends of justice and to protect the rights of the party. "t shall be

the duty of the attorney so assigned to render the required service, unless he is excused

therefrom by the court for sufficient cause shown.

Section 32. Compensation for attorneys de oficio. — ubject to availability of funds asmay be provided by the law the court may, in its discretion, order an attorney employed

as counsel de oficio to be compensates in such sum as the court may fix in accordance

with section =8 of this rule. &henever such compensation is allowed, it shall be not lessthan thirty pesos $!?@% in any case, nor more than the following amounts# $9% ifty pesos

$!>@% in light felonies' $=% +ne hundred pesos $!9@@% in less grave felonies' $?% Two

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

Section 33. Standing in court of person authori.ed to appear for &overnment . — *nyofficial or other person appointed or designated in accordance with law to appear for the

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

Section 34. 1y whom litigation conducted . — "n the court of a justice of the peace a party

may conduct his litigation in person, with the aid of an agent or friend appointed by him

for the purpose, or with the aid an attorney. "n any other court, a party may conduct hislitigation personally or by aid of an attorney, and his appearance must be either personal

or by a duly authori)ed member of the bar.

Section 35. Certain attorneys not to practice. — 4o judge or other official or employeeof the superior courts or of the +ffice of the olicitor /eneral, shall engage in private practice as a member of the bar or give professional advice to clients.

Section 3. Amicus Curiae. — (xperienced and impartial attorneys may be invited by the

Court to appear as amici curiae to help in the disposition of issues submitted to it.

Section 3!. Attorneys$ liens. — *n attorney shall have a lien upon the funds, documentsand papers of his client which have lawfully come into his possession and may retain the

same until his lawful fees and disbursements have been paid, and may apply such funds

to the satisfaction thereof. -e shall also have a lien to the same extent upon all judgments

for the payment of money, and executions issued in pursuance of such judgments, whichhe has secured in a litigation of his client, from and after the time when he shall have the

caused a statement of his claim of such lien to be entered upon the records of the court

rendering such judgment, or issuing such execution, and shall have the caused writtennotice thereof to be delivered to his client and to the adverse paty' and he shall have the

same right and power over such judgments and executions as his client would have to

enforce his lien and secure the payment of his just fees and disbursements.


15/45

RULE 13"/+

Law Student Practice Rule

Section 1. Conditions for student practice3 — * law student who has successfully

completed his ?rd year of the regular four5year prescribed law curriculum and is enrolledin a recogni)ed law school2s clinical legal education program approved by the upreme

Court, may appear without compensation in any civil, criminal or administrative case

before any trial court, tribunal, board or officer, to represent indigent clients accepted bythe legal clinic of the law school.

Section 2. Appearance3 — The appearance of the law student authori)ed by this rule,shall be under the direct supervision and control of a member of the "ntegrated


16/45

RULE 13#

Dis0ar-ent or Sus'ension of +ttorne,s

Section 1. Motion or complaint3 — !roceedings for the removal or suspension of

attorneys may be taen by the upreme Court on its own motion or upon the complaint

under oath of another in writing. The complaint shall set out distinctly, clearly, andconcisely the facts complained of, supported by affidavits, if any, of persons having

personal nowledge of the facts therein alleged and shall be accompanied with copies of

such documents as may substantiate said facts.

Section 2. Service or dismissal3 — "f the complaint appears to merit action, a copy

thereof shall be served upon the respondent, requiring him to answer the same within ten

$9@% days from the date of service. "f the complaint does not merit action, or if the answer shows to the satisfaction of the upreme Court that the complaint is not meritorious, thesame shall be dismissed.

Section 3. Investigation by Solicitor &eneral3 — 7pon the issues raised by the complaint

and answer, or upon failure of the respondent to answer, the case shall be referred to the

olicitor /eneral for investigation to determine if there is sufficient ground to proceedwith the prosecution of the respondent. "n the investigation conducted by the olicitor

/eneral, the respondent shall be given full opportunity to defend himself, to produce

witnesses in his own behalf, and to be heard by himself and counsel. -owever, if uponreasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

Section 4. -eport of the Solicitor &eneral3 —


17/45

Section 5. Complaint of the Solicitor &eneral3 Answer of respondent . — "f the olicitor

/eneral finds sufficient ground to proceed against the respondent, he shall file the

corresponding complaint, accompanied with all the evidence introduced in hisinvestigation, with the upreme Court, and the respondent shall be served by the cler of

the upreme Court with a copy of the complaint with direction to answer the same within

fifteen $9>% days.

Section . (vidence produced before Solicitor &eneral available3 — The evidence produced before the olicitor /eneral in his investigation may be considered by the

upreme Court in the final decision of the case, if the respondent had an opportunity to

object and cross5examine. "f in the respondent2s answer no statement is made as to anyintention of introducing additional evidence, the case shall be set down for hearing, upon

the filing of such answer or upon the expiration of the time to file the same.

Section !. Commissioner to investigate and recommend3 1ules of evidence. — 7pon

receipt of the respondent2s answer, wherein a statement is made as to his desire to

introduce additional evidence, the case shall be referred to a commissioner who, in thediscretion of the court, may be the cler of the upreme Court, a judge of first instance,

or an attorney5at5law for investigation, report, and recommendation. The olicitor /eneral or his representative shall appear before the commissioner to conduct the

prosecution. The respondent shall be given full opportunity to defend himself, to produce

additional evidence in his own behalf, and to be heard by himself and counsel. -owever,if upon reasonable notice the respondent fails to appear, the investigation shall proceed ex

parte. The rules of evidence shall be applicable to proceedings of this nature.

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

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

respondent, the case shall be set down for hearing before the court, following which thecase shall be considered submitted to the court for its final determination.

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

applicable, the procedure above outlined shall liewise govern the filing and investigationof complaints against attorneys in the Court of *ppeals or in Courts of irst "nstance. "n

case of suspension of the respondent, the judge of the court of first instance or Justice of

the Court of *ppeals shall forthwith transmit to the upreme Court a certified copy of theorder of suspension and a full statement of the facts upon which same is based.

Section 1). Confidential3 — !roceedings against attorneys shall be private and

confidential, except that the final order of the court shall be made public as in other cases

coming before the court.


18/45

RULE 13#/+

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

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

nown as the 0"ntegrated


19/45

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


20/45

$a% The sub5province of *urora'

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

$c% Fue)on City'

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

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

$f% Cebu City' and

$g% Gamboanga City and


21/45

have registered for a convention, whether annual or special, shall constitute a quorum to

do business.

Section . 1oard of &overnors. — The "ntegrated


22/45

for such terms as it may fix. aid officers and employees need not be members of the

"ntegrated


23/45

or any Chapter thereof shall be considered ipso facto resigned from his position as of the

moment he files his certificate of candidacy for any elective public office or accepts

appointment to any judicial, quasi5judicial, or prosecutory office in the /overnment or any political subdivision or instrumentality thereof.

Section 14. Positions honorary. — (xcept as may be specifically authori)ed or allowed by the upreme Court, no 6elegate or /overnor and no national or local +fficer or

committee member shall receive any compensation, allowance or emolument from thefunds of the "ntegrated


24/45

The -ouse of 6elegates shall convene in the City of 3anila on aturday, 3arch 9B, 9:B?

for the !urpose of electing a

by a Chapter

/overnors for assignment to an investigator.

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

Section 2. 0ational &rievance Investigators. — The

panel of three $?% investigators to investigate the complaint. *ll "nvestigators shall tae an

oath of office in the form prescribed by the


25/45

*n "nvestigator may be disqualified by reason of relationship within the fourth degree of

consanguinity of affinity to any of the parties of their counsel, pecuniary interest,

personal bias, or his having acted as counsel to his acting as such "nvestigator. &here the"nvestigator does not disqualify himself, a party may appeal to the "

/overnors, which by majority vote of the members present, there being a quorum, may

order his disqualification.

*ny "nvestigator may also be removed for cause, after due hearing, by the vote of at leastsix $;% members of the "

in all cases of disqualification or removal shall be final.

Section 3. %uties of the 0ational &rievance Investigator . — The 4ational /rievance"nvestigators shall investigate all complaints against members of the "ntegrated

complainant$s% in the preparation and filing of his complaint$s%.

Section 5. Service or dismissal . — "f the complaint appears to be meritorious, the"nvestigator shall direct that a copy thereof be served upon the respondent, requiring him

to answer the same within fifteen $9>% days from the date of service. "f the complaint does

not merit action, or if the answer shows to the satisfaction of the "nvestigator that thecomplaint is not meritorious, the same may be dismissed by the days from notice of the dismissal of the

complainant.

4o investigation shall be interrupted or terminated by reason of the desistance,

settlement, compromise, restitution, withdrawal of the charges, or failure of thecomplainant to prosecute the same, unless the Supreme Court motu propio or upon

recommendation of the I1P 1oard of &overnors+ determines that there is no compelling

reason to continue with the disbarment or suspension proceedings against the

respondent . $*mendment pursuant to upreme Court 1esolution dated 3ay =B, 9::? re;%.

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

original and five $>% legible copies of the answer shall be filed with the "nvestigator, with

proof of service of a copy thereof on the complainant or his counsel.

Section !. Administrative counsel . — The "

suitable member of the "ntegrated


26/45

case. -e shall have the power to issue subpoenas and administer oaths. The respondent

shall be given full opportunity to defend himself, to present witnesses on his behalf, and

be heard by himself and counsel. -owever, if upon reasonable notice, the respondent failsto appear, the investigation shall proceed e! parte.

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

be transmitted to the upreme Court for final action and if warranted, the imposition of penalty.

Section #. %epositions. — 6epositions may be taen in accordance with the 1ules of

Court with leave of the investigator$s%.

&ithin the !hilippines, depositions may be taen before any member of the being sufficient that the report reproduce substantially from the "nvestigator2s personal

notes any relevant and pertinent testimonies.

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


27/45

/overnors, upon considering the whole record, finds that such defect has resulted or may

result in a miscarriage of justice, in which event the

decision of the


28/45

Section 15. Suspension of attorney by Supreme Court . — *fter receipt of respondent2s

answer or lapse of the period therefor, the upreme Court, motu propio, or at the instance

of the "

decisions in other cases.

Section 1#. (!penses. — *ll reasonable and necessary expenses incurred in relation todisciplinary and disbarment proceedings are lawfull charges for which the parties may be

taxed as costs.

Section 2). (ffectivity and Transitory Provision. — This 1ule shall tae effect June 9,

9: and shall supersede the present 1ule 9?: entitled 06"


29/45

a party to a case without authority so to do. The practice of soliciting cases at law for the

purpose of gain, either personally or through paid agents or broers, constitutes

malpractice.

RULE 14)

C(ar&es +&ainst Jud&es of irst nstance

Section 1. Complaint 5 *ll Charges against judges of first instance shall be in writing and

shall set out distinctly, clearly, and concisely the facts complained of as constituting the

alleged serious misconduct or inefficiency of the respondent, and shall be sworn to andsupported by affidavits of persons who have personal nowledge of the facts therein


30/45

alleged, and shall be accompanied with copies of documents which may substantiate said

facts.

Section 2. Service or dismissal . 5 "f the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him to answer within ten $9@% days from

the date service. "f the charges do not merit action, or if the answer shows to thesatisfaction of the court that the charges are not meritorious, the same shall be dismissed.

Section 3. Answer; hearing . 5 7pon the filing of respondents answer or upon theexpiration of the time for its filing, the court shall assign one of its members, a Justice of

the Court of *ppeals or a judge of first instance to conduct the hearing of the charges.

The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall beserved on both parties. *t such hearing the parties may present oral or written evidence.

Section 4. -eport 5 *fter the hearing, the Justice or judge shall file with the upreme

Court a report of his findings of fact and conclusions of law, accompanied by the

evidence presented by the parties and the other papers in he case.

Section 5. Action 5 *fter the filing of the report, the court will tae such action as thefacts and the law may warrant.

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

confidential.


31/45

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

6arc( )18 2)))

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

COUR

!ursuant to the resolution of the Court of 98 eptember 9::: in *.3. 4o. ::55@95C,

1ule 989 of the 1ules of Court is hereby further amended to read as follows#

RULE 141

Le&al ees

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

Section 2. 2ees in lien. — &here the court in its final judgment awards a claim not

alleged, or a relief different from, or more than that claimed in the pleading, the party

concerned shall pay the additional fees which shall constitute a lien on the judgment insatisfaction of said lien. The cler of court shall assess and collect the corresponding fees.

$n%

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

this rule, the officers and persons hereinafter mentioned, together with their assistants anddeputies, may demand, receive, and tae the several fees hereinafter mentioned and

allowed for any business by them respectively done by virtue of their several offices, and

no more. *ll fees so collected shall be forthwith remitted to the upreme Court. The feescollected shall accrue to the general fund. -owever, 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 6evelopment und as established by law. The persons herein

authori)ed to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by law. $la%

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

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

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

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

taxing the costs, administering all necessary oaths or affirmation in the action or proceeding, recording the opinion of the court, and issuing all necessary process in the

action or proceeding not herein otherwise provided for, each action or special proceeding,

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


32/45

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

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

$c% or furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four $!8.@@%

pesos'

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

$e% or every search for anything above a year2s standing and reading the same, fifteen

$!9>.@@% pesos'

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

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

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

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

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

Section 5. 2ees to be paid by the advancing party. — The fees of the cler of the Court

of *ppeals or of the upreme Court shall be paid him at the same time of the entry of theaction or proceeding in the court by the party who enters the same by appeal or otherwise,

and the cler shall in all cases give a receipt for the same and shall enter the amount

received upon his boo, specifying the date when received, person from whom received,

name of action in which received and amount received. "f the fees are not paid, the courtmay refuse to proceed with the action until they are paid and may dismiss the appeal or

the proceeding. $?a%

Section . 2ees of bar candidates. —

$a% or filing the application for admission to the bar, whether admitted to theexamination or not, one thousand and seven hundred fifty $!9,B>@.@@% pesos for new

applicants, and for repeaters, plus the additional amount of two hundred $!=@@.@@% pesos

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

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

$c% +ther @.@@

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


33/45

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

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

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

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

or services in connection with the return of examination noteboos to examinees, a feeof thirty $!?@.@@% pesos shall also be charged. $;a%

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

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

based on judgment, or for filing with leave of court a third5party, fourth5party, etc.,complaint, or a complaint in intervention, and for all clerical services in the same, if the

total sum claimed, exclusive of interest, or the stated value of the property in litigation, is#

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

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

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

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

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

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

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

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

$b% or filing

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

=. pecial civil actions except judicial foreclosure of mortgage which shall be governed by paragraph $a% above ;@@.@@

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


34/45

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

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

$c% or filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of indebtedness, or the mortgagee2s claim is#

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

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

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

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

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

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

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

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

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

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

$d% or initiating proceedings for the allowances of wills, granting letters of

administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the

proceedings, which must be stated in the application or petition, as follows#

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

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

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

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

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

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

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


35/45

"f 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 cler of court that the proper fees have been paid shall be required prior to theclosure of the proceedings.

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

$f% or filing petitions for adoption, support, annulment of marriage, legal separation andother actions or proceedings under the amily Code, two hundred $!=@@.@@% pesos'

"f the proceedings involve separation of property, an additional fee corresponding to the

value of the property involved shall be collected, computed in accordance with the rates

for special proceedings.

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

pesos'

$h% or the performance of the marriage ceremony including issuance of certificate of

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

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

$j% or certified copies of any paper, record, decree, judgment, or entry thereof for each

page, four $!8.@@% and fifteen $!9>.@@% pesos for certification'

$% or a commission on all money coming into the clers2 hands by law, rule, order or writ of court and caring for the same, one and one5half $9.>H% per centum on all sums not

exceeding forty thousand $!8@,@@@.@@% pesos, and one $9H% per centum on all sums in

excess of forty thousand $!8@,@@@.@@% pesos.

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

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

$a% or each civil action or proceeding, where the value of the subject matter involved, or

the amount of the demand, inclusive of interest, damages of whatever ind, attorney2sfees, litigation expenses, and costs is#

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

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

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


36/45

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

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

"n a real action, other than for forcible entry and unlawful detainer, the assessed value of

the property or if not declared for taxation purposes, the assessed value of the adjacentlots, or if there is none, the estimated value thereof shall be alleged by the claimant and

shall be the basis in computing the fees.

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

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

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

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

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

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

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

8. or each proceeding other than the allowance of wills $probate% granting of letters of administration, settlement of estate of small value, two hundred $!=@@.@@% pesos'

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

$d% or appeals in all actions or proceedings, including forcible entry and detainer cases,taen from courts of first level, two hundred $!=@@.@@% pesos

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

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

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

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

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

$j% or stamping and registering boos as required by articles nineteen and thirty5six of the Code of Commerce each boo, thirty $!?@.@@% pesos'

$% or performing notarial acts for which fees are not specifically fixed in this section,

the same fees which notaries public are entitled to receive $a%


37/45

Section #. Sheriffs and other persons serving processes. —

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

pesos'

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

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

pesos'

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

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

$f% or filing bonds or other instruments of indemnity or security in provisional remedies,for each bond or instrument, fifty $!>@.@@% pesos'

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

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

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

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

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

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

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

judicial or extrajudicial, the following sums, to wit#

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

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

centum

"n addition to the fees hereinabove fixed, the party requesting the process of any court,

preliminary, incidental, or final, shall pay the sheriff2s expenses in serving or executing

the process, or safeguarding the property levied upon, attached or sei)ed, including

ilometrage for each ilometer of travel, guard2s fees, warehousing and similar charges,in an amount estimated by the sheriff, subject to the approval of the court. 7pon approval

of said estimated expenses, the interested party shall deposit such amount with the cler

of court and e! officio sheriff, who shall disburse the same to the deputy sheriff assigned


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to effect the process, subject to liquidation within the same period for rendering a return

on the process. *ny unspent amount shall be refunded to the party maing the deposit. *

full report shall be submitted by the deputy sheriff assigned with his return, and thesheriff2s expenses shall be taxed as costs against the judgment debtor. $:a%

Section 1). Stenographers. — tenographers shall give certified transcript of notes taen by them to every person requesting the same upon payment of $a% six $!;.@@% pesos for

each page not less than two hundred and fifty words before the appeal is taen and $b%three pesos and sixty centavos $!?.;@% for the same page, after the filing of the appeal,

provided, however that one5third of the total charges shall be paid to the court and the

remaining two5thirds to the stenographer concerned $9@a%

Section 11. 0otaries. — 4o 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% or protests of drafts, bills or exchange, or promissory notes for non5acceptance or non5payment and for notice thereof, thirty5six $!?;.@@% pesos'

$b% or the registration of such protest and safeeeping of the same thirty5six $!?;.@@%

pesos'

$c% or authenticating powers of attorney, thirty5six $!?;.@@% pesos'

$d% or sworn statement concerning correctness of any account or other document, thirty5six $!?;.@@% pesos'

$e% or each oath of affirmation, thirty5six $!?;.@@% pesos'

$f% or receiving evidence of indebtedness to be sent outside, thirty5six $!?;.@@% pesos'

$g% or issuing a certified copy of all or part of his notarial register or notarial records, for

each page, thirty5six $!?;.@@% pesos'

$h% or taing depositions, for each page, thirty5six $!?;.@@% pesos' and

$i% or acnowledging other documents not enumerated in this section, thirty5six $!?;.@@%

pesos. $99a%

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

receive the same compensation as above provided for notaries public for taing andcertifying depositions. $9@%

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

and in the 1egional Trial Courts, either in actions or special proceedings, shall be entitled

to one hundred $!9@@.@@% pesos per day inclusive of travel time'


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

$c% ees to which witnesses may be entitled in a civil action shall be allowed, on a

certification of the cler of court or judge of his appearance in the case. * witness shallnot be allowed compensation for his attendance in more than one case or more than one

side of the same case at the same time, but may elect in which of several cases or onwhich side of a case, when he is summoned by both sides, to claim his attendance. *

person who is compelled to attend court on other business shall not be paid as witness.$99a%

Section 14. 2ees of appraisers. — *ppraisers appointed to appraisers appointed to

appraise the estate of a ward of a deceased person shall each receive a compensation of two hundred $!=@@.@@% pesos per day for the time actually and necessarily employed in

the performance of their duties and in maing their reports, which fees, in each instance,

shall be paid out of the estate of the ward or deceased person, as the case may be. *ny

actual and necessary traveling expenses incurred in the performance of their duties of

such appraisers may liewise be allowed and paid out of the estate. $9=a%

Section 15. 2ees of commissioners in eminent domain proceedings. — The

commissioners appointed to appraise land sought to be condemned for public uses in

accordance with these rules shall each receive a compensation of two hundred $!=@@.@@% pesos per day for the time actually and necessarily employed in the performance of their

duties and in maing their report to the court, which fees shall be taxed as part of the

costs of the proceedings. $9?a%

Section 1. 2ees of commissioners in proceedings for partition of real state. — The

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

compensation of two hundred $!=@@.@@% pesos per day for the time actually andnecessarily employed in the performance of their duties and in maing their report to thecourt, which fees shall be taxed as a part of the costs of the proceedings. $98a%

Section 1!. 2ees, and the account thereof3 — The cler, under the direction of the judge,

shall eep a boo 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. 1eceipts shall be

given for all fees received and they shall be accounted for in the manner provided in

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

inspection of auditing officer and other interested therein. $9>%

Section 1". Indigent/litigants e!empts from payment of legal fees. — "ndigent litigants $a%

whose gross income and that of their immediate family do not exceed four thousand$!8,@@@.@@% pesos a month if residing in 3etro 3anila, and three thousand $!?,@@@.@@%

pesos a month if residing outside 3etro 3anila, and $b% who do not own real property

with an assessed value of more than fifty thousand $!>@,@@@.@@% pesos shall be exemptfrom the payment of legal fees.


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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 thathe 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 adisinterested person attesting to the truth of the litigant2s affidavit.

*ny falsity in the affidavit of a litigant or disinterested person shall be sufficient cause tostrie out the pleading of that party, without prejudice to whatever criminal liability may

have been incurred. $9;a%

Section 1#. "n addition to the fees imposed in the preceding sections, a victim5

compensation fee of five $!>.@@% pesos pursuant to 1ep. *ct. 4o. B?@: shall be assessedand 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 1ule 999, 1evised 1ules of Criminal!rocedure where a filing fee is liewise collected. *ll sums collected shall be remitted to

the 6epartment of Justice very quarter by the Cler of Court concerned. $95*%

Section 2). )ther fees. — The following fees shall also be collected by the clers of

1egional Trial Courts or courts of the first level, as the case may be#

$a% "n estafa cases where the offended party fails to manifest within fifteen $9>% daysfollowing the filing of the information that the civil liability arising from the crime has

been or would be separated prosecuted#

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

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

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

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

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

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

B. !?>@,@@@.@@ or more but no more than !8@@,@@@.@@ !=,=>@.@@

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

$b% or motions for postponement after completion of the pre5trial stage, one hundred pesos $!9@@.@@% for the first, and an additional fifty pesos $!>@.@@% for every

postponement thereafter based on that for the immediately preceding motion# Provided ,


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however, that no fee shall be imposed when the motion is found to be based on justifiable

and compelling reason'

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

$d% or applications for and entries of certificates of sale and final deeds of sale in extra5 judicial foreclosures of mortgages, three hundred $!?@@.@@% pesos'

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

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

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

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

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

instrumentalities, are exempt from paying the legal fees provided in this rule, Aocalgovernments and government5owned or controlled corporations with or without

independent charters are not exempt from paying such fees. $9:%

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

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

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

7uisumbing+ Purisima+ Pardo+ 1uena+ &on.aga/-eyes+ 8nares/Santiago and %e eon+ 'r3+ ''3

RULE 142

Cost

Section 1. Cost ordinarily follow results of suit . — 7nless otherwise provided in these

rules, cost shall be allowed to the prevailing party as a matter of course, but the courtshall have power, for special reasons, to adjudge that either party shall pay the costs of an

action, or that the same be divided, as may be equitable. 4o costs shall be allowed against

the 1epublic of the !hilippines unless otherwise provided by law.

Section 2. ,hen action or appeal dismissed . — "f an action or appeal is dismissed for

want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for cost, as justice may require.

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

frivolous, double or treble cost may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.


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Section 4. 2alse allegations. — *n averment in a pleading made without reasonable

cause and found untrue shall subject the offending party to the payment of such

reasonable expenses as may have been necessarily incurred by the other party by reasonof such untrue pleading. The amount of expenses so payable shall be fixed by the judge in

the trial, and taxed as costs.

Section 5. 0o cost for irrelevant matters. — &hen the record contains any unnecessary,

irrelevant, or immaterial matter, the party as whose instance the same was inserted or atwhose instance the same was printed, shall not be allowed as costs any disbursement for

preparing, certifying, or printing such matter.

Section . Attorney$s fees as cost . — 4o attorney2s fees shall be taxed as costs against theadverse party, except as provided by the rules of civil law.


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$g% or official copies of such documents, deeds, or papers, the lawful fees necessarily

paid for obtaining such copies'

$h% The lawful fees paid by him for service of the summons and other process in theaction'

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

doceting and trying the action or proceeding.

Section 1). Cost in Court of 2irst Instance. — "n an action or proceeding pending in a

Court of irst "nstance, the prevailing party may recover the following costs, and noother#

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

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

judgment, twenty pesos'

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

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

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

$f% or official copies of such documents, deeds, or papers, the lawful fees necessarily

paid for obtaining such copies'

$g% The lawful fees paid by him in entering and doceting the action or recording the

proceedings, for the service of any process in action, and all lawful cler2s fees paid by

him.

Section 11. Costs in Court of Appeals and in Supreme Court . — "n an action or proceeding pending in the Court of *ppeals or in the upreme Court, the prevailing party

may recover the following costs, and no other#

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

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

$b% or official copies of record on appeal and the printing thereof, and all other copies

required by the rules of court, the sum actually paid for the same'

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

upreme Court, in entering and doceting the action and recording the proceedings and judgment therein and for the issuing of all process'


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

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

aside from the thirty or fifty pesos above stated'

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

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

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

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

party, or apportioned as justice requires.

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

and place specified in the subpoena issued by any inferior court, the cost of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall

determine that his failure to answer the subpoena was wilful or without just excuse.

Section 13. Costs when the person cited for e!amination in probate proceedings. —

&hen a person is cited, on motion of another, to appear before the court to be examinedin probate proceedings, the court may, in its discretion tax costs for the person so cited

and issue execution therefor, allowing the same fees as for witnesses in Courts of irst

"nstance.

RULE 143

+''lica0ilit, of t(e Rules

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

naturali)ation and insolvency proceedings, and other cases not herein provided for,except by analogy or in a suppletory character and whenever practicable and convenient.

The Aawphil !roject 5 *rellano Aaw oundation

RULE 144

Effecti;eness

These rues shall tae effect on January 9, 9:;8. They shall govern all cases brought after

they tae effect, and also all furtherproceedings in cases then pending. except to the

extent that in the opinion of the court their application would not be feasible or wouldwor injustice, in which event the former procedure shall apply.


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Judicial Code

Documents