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ADMINISTRATIVE CIR. NO. 31-90 October 15, 1990

ADMINISTRATIVE CIR. NO. 31-90 October 15, 1990

PHILIPPINE SUPREME COURT CIRCULARS

TO: THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS

SUBJECT: RE: Guidelines for allocating the Legal Fees Collected Under Rule 141, as revised, between the General Fund and the Judiciary Development Fund.

To implement the provisions of Section 3, Rule 141 as revised and made effective on November 2, 1990, to the effect that all increases in the legal fees shall pertain to the Judiciary Development Fund as established by law (Presidential Decree No. 1949, dated May 18, 1984) the following guidelines for allocating the legal fees collected under said rule between the General Fund and the Judiciary Development Fund are hereby issued.

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 proceeding, four hundred (P400.00) pesos.

(b) For the performance of marriage ceremony, including issuance of certificate of marriage, two hundred (P200.00) pesos;

(c) For furnishing transcripts of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page three (P3.00) pesos;

(d) For each certificate not on process, twenty (P20.00) pesos;

(e) For every search for anything above a year's standing and reading the same, five (P5.00) pesos;

General Fund JDF

(a) 48.00 352.00

(b) 200.00

(c) .20 2.80

(d) 1.00 19.00

(e) 1.00 4.00

(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 (2%) per cent on all sums not exceeding four thousand (P4,000.00) pesos and one (1%) per cent upon all sums in excess of four thousand (P4,000.00) pesos, and one half (.5%) per cent on all sums in excess of forty thousand (P40,000.00) pesos. (2a)

General Fund JDF

a) on all sums not exceeding 4,000.00 1/2% 1 1/2%

b) on all sums in excess of P4,000.00

but not exceeding 40,000.00 1/4% 3/4%

c) on all sums in excess of 40,000.00 1/8% 3/8%

Sec. 6. Fees of bar candidates:

(a) For filing the application for admission to the bar, whether admitted to the examination or not, eight hundred (P800.00) pesos for new applicants, and for repeaters, plus the additional amount of one hundred (P100.00) pesos multiplied by the number of times the applicant has failed in the bar examinations;

(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, etc. eight hundred (P800.00) pesos;

General Fund JDF

(a) 300.00 500.00

(b) 350.00 450.00

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

General Fund JDF

1. Certification of admission

to the Philippine Bar P 20.00 5.00 15.00

2. Certificate of good

standing (local) 20.00 20.00

3. Certificate of good

standing (foreign) 50.00 50.00

4. Verification of member-

ship in the Bar 10.00 1.00 9.00

5. Certificate of grades in the

bar examinations 20.00 5.00 15.00

6. Other certifications of records

at the Bar Office, per page 5.00 1.00 4.00

7. A duplicate diploma of

admission to the Philippine

Bar 200.00 100.00 100.00

For services in connection

with the return of examina-

tion notebooks to examinees,

a fee of twenty (P20.00)

pesos shall also be charged.

(4a) 20.00

Sec. 7. Clerks of Regional Trial Courts. —

(a) For filing an action or a permissive counter-claim or money claim against an estate not bases 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:

General Fund JDF

1. Not more than P 20,000.00 P 120.00 60.00 60.00

2. More than P20,000.00

but less than P40,000.00 150.00 80.00 70.00

3. P40,000.00 or more

but less than P60,000.00 200.00 100.00 100.00

4. P60,000.00 or more

but less than P80,000.00 250.00 100.00 150.00

5. P80,000.00 or more but

less than P100,000.00 400.00 100.00 300.00

6. P100,000.00 or more but

less than P150,000.00 600.00 150.00 450.00

7. For each P1,000.00 in excess

P15,000.00 5.00 2.00 3.00

(b) For filing:

General Fund JDF

1. Actions where the value of

the subject matter cannot be

estimated 400.00

2. Special civil actions except

judicial foreclosure of mortgage

which shall be governed by paragraph

(a) above 400.00 32.00 368.00

(b) judicial foreclosure of mortgage 32.00 amount in excess

3. All other actions not involving

property 400.00 32.00 368.00

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.

General Fund JDF

1. Less than

P50,000.00 P 200.00

2. P50,000.00 or more

but less than P100,000.00 300.00

3. P100,000.00 or more but

less than P150,000.00 400.00

4. P150,000.00 or more but

less than P200,000.00 500.00

5. P200,000.00 or more but

less than P250,000.00 600.00

JDF

6. P250,000.00 or more but

less than P300,000.00 700.00

7. P300,000.00 or more but

less than P400,000.00 800.00

8. P400,000.00 or more but

less than P500,000.00 900.00

9. P500,000.00 or more but

less of P1,000,000.00 1,000.00

10. For each P1,000.00 in

excess of P1,000,000.00 5.00

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:

General Fund JDF

1. Less than P20,000.00 P 200.00 60.00 140.00

2. P20,000.00 or more but

less than P40,000.00 400.00 160.00 240.00

3. P40,000.00 or more but

less than P60,000.00 600.00 270.00 330.00

4. P60,000.00 or more but

less than P80,000.00 900.00 450.00 450.00

5. P80,000.00 or more but

less than P100,000.00 1,100.00 540.00 560.00

6. P100,000.00 or more but

less than P150,000.00 1,300.00 590.00 710.00

7. For each P1,000.00 in

excess of P150,000.00 5.00 1.00 4.00

If the value of the estate as definitely appraised by the court is more than the value declared in the application 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.

General Fund JDF

(e) For filing petitions for

naturalization or other mo-

des of acquisition of citizen-

ship, one thousand (P1,000.00)

pesos; 32.00 968.00

(f) For filing petition for

adoption, support, annulment

of marriage, legal separation

and other actions or proceed-

ings under the Family Code,

one hundred and fifty (P150.00)

pesos; 32.00 118.00

If the proceedings involve

separation of property, an

additional fee corresponding to

the value of the property ALL JDF

involved shall be collected,

computed in accordance with

the rates for special proceedings.

(g) For all other special pro-

ceedings not concerning property

one hundred and fifty (P150.00)

pesos; 32.00 118.00

(h) For the performance of

marriage ceremony including

issuance of certificate of ma-

rriage, one hundred (P100.00)

pesos; 100.00

(i) For filing an application for

commission as notary public,

three hundred (P300.00) pesos; 32.00 268.00

(j) For certified copies of any

paper, record, decree, judgment

or entry thereof for each page,

three (P3.00) pesos and then

(P10.00) pesos for certification. .40 2.60

(k) For a commission on all money 10.00

coming into his hands by law, rule

order or writ of court and caring for

the same, one (1%) per centum on

all sums not exceeding forty thou-

sand (P40,000.00) pesos, and one

half (.5%) per centum on all sums in

excess of forty thousand (P40,000.00)

pesos.

a) on all sums not exceeding P 40,000.00 1/2% 1/2%

b) on all sums exceeding 40,000.00 1/4% 1/4%

For any other services as clerk not

provided in this section, one hundred

(P100.00) pesos shall be collected

(5a) 100.00

Sec. 8. Judges of Metropolitan and Municipal Trial Courts. —

(a) For each civil action or proceeding where the value of the subject matter involved or the amount of the demand, exclusive of interest and costs, is:

General Fund JDF

1. Less than P5,000 P 80.00

2. P5,000 or more but less

P10,000 100.00

3. P10,000 or more but not

exceeding P20,000 120.00

4. For each proceeding including

allowance of will, probate, settle-

ment of estate of small value, one

hundred and fifty (P150.00) pesos;

5. For forcible entry and illegal detainer

cases, one hundred (P100.00) pesos; 10.00 90.00

6. For appeals in all actions or procee-

dings, including forcible entry and

detainer cases, taken from the Metro-

politan and Municipal Trial Courts,

one hundred fifty (P150.00) pesos;

a) appeals in forcible entry 20.00 130.00

b) appeals in other actions or proceedings 150.00

(b) For the performance of marriage

ceremony, including issuance of certificate

of marriage, fifty (P50.00) pesos; 2.00 48.00

(c) For taking affidavit, ten (P10.00)

pesos; 1.00 9.00

(d) For taking acknowledgment, twenty

(P20.00) pesos; 1.50 18.50

(e) For writing and certifying depositions,

including oath, per page, five (P5.00)

pesos; .40 4.60

(f) For certified copies of any record, per

page, five (P5.00) pesos; .40 4.60

(g) For stamping and registering books as

required by articles nineteen and thirty-six

of the Code of Commerce, each book, twenty

(P20.00) pesos; 2.00 18.00

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

The foregoing fee bill, in English and Filipino shall be posted in a conspicuous place in the office of every Metropolitan and Municipal Trial Court. (6a)

Sec. 9. Sheriff, and other persons serving processes. —

General Fund JDF

(a) For serving summons and copy

of complaint, for each defendant, fifty

(P50.00) pesos; 4.00 46.00

(b) For serving subpoenas in civil action

or proceeding, for each witness to be served,

twenty (P20.00) pesos; .40 19.60

(c) For executing a writ of attachment against

the property of defendant, fifty (P50.00) pesos; 4.00 46.00

(d) For serving a temporary restraining order,

or writ of injunction, preliminary or final, of

any court, fifty (P50.00) pesos; 50.00

(e) For executing a writ of replevin, fifty

(P50.00) pesos; 50.00

(f) For filing bonds or other instruments of

indemnity or security or provisional remedies,

for each bond, twenty (P20.00) pesos; 1.00 19.00

(g) For executing a writ or process to place a

party in possession of real estate, one hundred

(P100.00) pesos; 4.00 96.00

(h) For advertising a sale, besides cost of

publication, fifty (P50.00) pesos; 2.00 48.00

(i) For taking inventory of goods levied upon

when the inventory is ordered by the court, one

hundred (P100.00) pesos per day of actual

inventory work; 100.00

(j) For levying on execution on personal or

real property, fifty (P50.00) pesos; 4.00 46.00

(k) For issuing a notice of garnishment, for

each notice, twenty (P20.00) pesos; 20.00

(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)

pesos, four (4%) per centum

2. On all sums in excess of four thousand

(P4,000.00) pesos two (2%) per centum.

(a) on the first P 4,000.00 1% 3%

(b) on all sums in excess of 4,000.00 1.2% 1 1/2%

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 inter-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. (7a)

Sec. 10. Stenographers. — Stenographers shall give certified transcript of notes taken by them to every person requesting same upon payment of (a) five (P5.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three (P3.00) pesos for the same page, after the filing of the appeal; provided, however, that one-half of the total charges shall be paid to the court and the other half to the stenographer concerned. (8a)

General Fund JDF

.60 1.90

.30 1.20

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 (P30.00) pesos;

(b) For the registration of such protest and filing or safekeeping of same, thirty (P30.00) pesos;

(c) For authenticating powers of attorney, thirty (P30.00) pesos;

(d) For sworn statement concerning correctness of any account or other document, thirty (P30.00) pesos;

(e) For each oath or affirmation, thirty (P30.00) pesos;

(f) For receiving evidence of indebtedness to be sent outside, thirty (P30.00) pesos;

(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty (P30.00) pesos;

(h) For taking depositions, for each page, thirty (P30.00) pesos;

(i) For acknowledging other documents not enumerated in its section, thirty (P30.000 pesos.

Pursuant to Section 5 of Presidential Decree No. 1949 which in its Section 1 established the Judiciary Development Fund, the Supreme Court hereby reiterates the following implementing rules and regulations, as provided in Circular No. 5, dated February 21, 1985.

1. Established of the Fund. — The Judiciary Development Fund, hereinafter referred to as the Fund is intended to benefit the members and personnel of the Judiciary to further ensure and guarantee the independence of the Judiciary as mandated by the Constitution. The Fund shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court, which became effective on October 1, 1984. The Funds 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 disturbed 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, Presidential Decree No. 1949)

2. Administration of the Fund. — 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. (Section 2, P.D. No. 1949)

3. 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 therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections for said Fund.

4. Depository Bank for the Fund. — The amounts accruing to the Fund shall be deposited for the account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court, Officer-in-Charge, of the Office of the Clerk of Court in an Authorized government depository bank or private bank owned or controlled by the Government to be specified by the Chief Justice. The income or interest earned shall likewise form part of the Fund. For this purpose the depository bank for the Fund shall be the Philippine National Bank (PNB), or any private bank owned or controlled by the government upon authority of the Chief Justice.

5. Systems and Procedure. —

a. In the Supreme Court. — The Collecting & Disbursing Officer of the Supreme Court shall, unless otherwise authorized by the Chief Justice, deposit daily all collections accuring to the Fund with the PNB, main office "For the account of the Judiciary Development Fund, Supreme Court, Manila — SAVINGS ACCOUNT No. 068-503174-4.

b. In the CA, SB and CTA. — The respective collecting officers in these courts shall deposit daily their collections accruing to the Fund in the aforementioned SAVINGS ACCOUNT with the PNB for the account of the JUDICIARY DEVELOPMENT FUND, Supreme Court, Manila, furnishing the Chief Accountant of the Supreme Court the notice of such deposits made.

c. In the RTC, MeTC, MTCC, MTC and MCTC. — The daily collections for the Fund in these courts shall be deposited everyday with the local or nearest PNB branch "For the account of the Judiciary Development Fund, Supreme Court, Manila — SAVINGS ACCOUNT No. 068-503174-4"; or if depositing daily is not possible, deposits for the Fund shall be every second and third Fridays and at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same and shall be deposited immediately even before the days above-indicated.

Where there is no PNB branch at the station of the judge concerned, the collections shall be sent by postal money order payable to the Chief Accountant of the Supreme Court, at the latest before 3:00 P.M. of that particular week.

A separate set of official receipts shall be used for the collections for the Fund. For payment of the legal fees under the old rate which would pertain to the General Fund by party-litigants in the MeTC, MTCC, MTC and MCTC, the Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court or their duly authorized representatives shall issue "Acceptance Order of Payment" to the City Municipal Treasurer concerned. Such party-litigants shall be instructed to present to the Clerk of Court, Officer-in-Charge of the Office of the Clerk of Court or their duly authorized representative the official receipt thereby issued by the Treasurer together with a copy of the Acceptance Order for Payment, for notation and for the collecting officer to determine the corresponding amount to be collected for the Judiciary Development Fund. The official receipt 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. Should official receipts be not immediately available, the official receipts which were previously requisitioned and issue may be used provided that they are properly marked "JUDICIARY DEVELOPMENT FUND".

Until official cash books are available, the ordinary Record Book (7" x 12") may be used for the purpose, provided that the same shall be marked "CASH BOOK FOR JUDICIARY DEVELOPMENT FUND."

d. Rendition of Monthly Report. — Separate "Monthly Report of Collections" shall be regularly prepared for the Judiciary Development Fund, which shall be submitted to the Chief Accountant of the Supreme Court within ten (10) days after the end of every month, together with the duplicate of the official receipts issued during such month covered and validated copy of the Deposit Slips.

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

If no collection is made during any month, notice to that effect should be submitted to the Chief Accountant of the Supreme Court by was of a formal letter within ten (10) days after the end of every month.

e. 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 upon submission of the duly accomplished voucher together with the necessary receipts and other supporting papers required in audit direct to the Chief of the Fiscal Management and Budget Office of the Supreme Court.

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 address to:

THE CHIEF ACCOUNTANT

SUPREME COURT OF THE PHILIPPINES

MANILA

f. 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 shall be conducted by the staff and personnel of the Supreme Court whenever circumstances warrant.

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

7. 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 affected, pursuant to Section 122 of PD No. 1445 dated July 11, 1978, without prejudice to such further disciplinary action the Court may take against them.

Issued this 15th day of October nineteen hundred and ninety.

(Sgd.) MARCELO B. FERNAN
Chief Justice

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