Article 22p. 22

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

turpitude, or for any violation of the oath which he is

required to take before admission to practice, or for a

willful disobedience of any lawful order of a superior

court, or for corruptly or willfully appearing as an attorney

for 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 brokers,

constitutes malpractice.

RULE 140 Charges Against Judges of First

Instance

Section 1. Complaint - All 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 and

supported by affidavits of persons who have personal

knowledge of the facts therein alleged, and shall be

accompanied

with copies of documents which may

substantiate said facts.

Section 2. Service or dismissal . - If the charges appear to

merit action, a copy thereof shall be served upon the

respondent, requiring him to answer within ten (10) days

from the date service. If the charges do not merit action,

or if the answer shows to the satisfaction of the court that

the charges are not meritorious, the same shall be

dismissed.

Section

3.

Answer;

hearing .

-

Upon

the

filing

of

respondents answer or upon the expiration of the time

for its filing, the court shall assign one of its members, a

Justice of the Court of Appeals 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 be served on both parties. At such

hearing the parties may present oral or written evidence.

Section 4. Report - After the hearing, the Justice or judge

shall file with the Supreme 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 the case.

Section 5. Action - After the filing of the report, the court

will take such action as the facts and the law may

warrant.

Section 6. Confidential . - Proceedings against judges of

first instance shall be private and confidential.

RULE 141 Legal Fees

Section 1. Payment of fees . — Upon the filing of the

pleading or other application which initiates an action or

proceeding, the fees prescribed therefor shall be paid in

full. (n)

Section 2. Fees in lien . — Where the court in its final

judgment awards a claim not alleged, or a relief different

from, or more than that claimed in the pleading, the

party concerned shall pay the additional fees which shall

constitute a lien on the judgment in satisfaction of said

lien. The clerk of court shall assess and collect the

corresponding fees. (n)

Section 3. Persons authorized to collect legal fees . —

Except as otherwise provided in this rule, the officers and

persons

hereinafter

mentioned,

together

with

their

assistants and deputies, may demand, receive, and take

the several fees hereinafter mentioned and allowed for

any business by them respectively done by virtue of their

several offices, and no more. All fees so collected shall be

forthwith

remitted

to

the

Supreme Court. The fees

collected shall accrue to the general fund. However, all

increases in the legal fees prescribed in amendments to

this rule as well as new legal fees prescribed herein shall

pertain

to

the

Judiciary

Development

Fund

as

established by law. The persons herein authorized to

collect legal fees shall be accountable officers and shall

be required to post bond in such amount as prescribed

by law. (la)

Section 4. Clerks of the Court of Appeals and of the

Supreme Court . —

(a) For filing an action, proceeding, appeal by notice or

record on appeal when required, entering appearance of

the parties, entering orders of the court, filing and

docketing all motions, docketing of case on all proper

dockets, and indexing the same, entering, recording and

certification of judgment and remanding of records of

the

lower

court,

taxing

the

costs,

administering all

necessary

oaths

or

affirmation

in

the

action

or

proceeding, recording the opinion of the court, and

issuing all necessary process in the action or proceeding

not herein otherwise provided for, each action or special

proceeding, five hundred (P500.00) pesos;

(b) For the performance of marriage ceremony, including

issuance

of

certificate

of

marriage,

three

hundred

(P300.00) pesos.

(c) For furnishing transcripts of the record or copies of any

record, judgment, or entry of which any person is entitled

to demand and receive a copy, for each page, four (P4.00)

pesos;

(d) For each certificate not in process, thirty (P30.00)

pesos;

(e) For every search for anything above a year's standing

and reading the same, fifteen (P15.00) pesos;

(f) For a commission on all money coming into his hands

rules or order of the court and caring for the same, two

and one-half (2.5%) percent on all sums not exceeding

four thousand (P4,000.00) pesos, and one and one-half

(1.5%) percent upon all sums in excess of four thousand

(P4,000.0) pesos, and one (1%) percent on all sums in

excess of forty thousand (P40,000.00) pesos. (4a)

Section 5. Fees to be paid by the advancing party . — The

fees of the clerk of the Court of Appeals or of the Supreme

Court shall be paid him at the same time of the entry of

the action or proceeding in the court by the party who

enters the same by appeal or otherwise, and the clerk

shall in all cases give a receipt for the same and shall

enter the amount received upon his book, specifying the

date when received, person from whom received, name

of action in which received and amount received. If the

fees are not paid, the court may refuse to proceed with

the action until they are paid and may dismiss the appeal

or the proceeding. (3a)

Section 6. Fees of bar candidates . —

(a) For filing the application for admission to the bar,

whether

admitted

to

the

examination

or

not,

one

thousand and seven hundred fifty (P1,750.00) pesos for

new applicants, and for repeaters, plus the additional

amount of two hundred (P200.00) pesos multiplied by

the number of times the applicant has failed in the bar

examinations;

(b) For admission to the bar, including oath taking,

signing of the roll of attorneys, the issuance of diploma of

admission to the Philippine Bar, one thousand and seven

hundred fifty (P1,750.00) pesos;

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

1. Certification of admission to the Philippine Bar P50.00

2. Certificate of good standing (local) 50.00

3. Certificate of good standing (foreign) 100.00

4. Verification of membership in the bar 50.00

5. Certificate of grades in the bar examinations 50.00

6. Other certification of records at the Bar

Office, per page 15.00

7. A duplicate diploma of admission to the Philippine Bar

500.00

© Compiled By RGL

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