Article 25p. 25

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

performance of their duties of such appraisers may

likewise be allowed and paid out of the estate. (12a)

Section 15. Fees of commissioners in eminent domain

proceedings . — The commissioners appointed to appraise

land

sought

to

be

condemned

for

public

uses

in

accordance

with

these

rules

shall

each

receive

a

compensation of two hundred (P200.00) pesos per day

for the time actually and necessarily employed in the

performance of their duties and in making their report to

the court, which fees shall be taxed as part of the costs of

the proceedings. (13a)

Section 16. Fees of commissioners in proceedings for

partition of real estate . — The commissioners appointed

to make partition of real state shall each receive a

compensation of two hundred (P200.00) pesos per day

for the time actually and necessarily employed in the

performance of their duties and in making their report to

the court, which fees shall be taxed as a part of the costs

of the proceedings. (14a)

Section 17. Fees , and the account thereof. — The clerk,

under the direction of the judge, shall keep a book in

which shall be entered the items of fees which have

accrued for the transaction of businesses covered by the

provisions

of

this

rule,

for

which

fees

are

payable,

specifying for what business each time of fees has

accrued. Receipts shall be given for all fees received and

they shall be accounted for in the manner provided in

relation to the fees of clerks of courts in actions. The book

of fees kept by the clerk shall be accounted for in the

manner provided in relation of the fees of the clerk of

court

in

inspection

of

auditing

officer

and

other

interested therein. (15)

Section 18. Indigent-litigants exempts from payment of

legal fees . — Indigent litigants (a) whose gross income

and that of their immediate family do not exceed four

thousand (P4,000.00) pesos a month if residing in Metro

Manila, and three thousand (P3,000.00) pesos a month if

residing outside Metro Manila, and (b) who do not own

real property with an assessed value of more than fifty

thousand (P50,000.00) pesos shall be exempt from the

payment of legal fees.

The legal fees shall be a lien on any judgment rendered in

the case favorably to the indigent litigant, unless the

court otherwise provides.

To be entitled to the exemption herein provided, the

litigant

shall

execute

an

affidavit

that

he

and

his

immediate

family

do

not

earn

a

gross

income

abovementioned, nor they own any real property with the

assessed value aforementioned, supported by an affidavit

of a disinterested person attesting to the truth of the

litigant's affidavit.

Any falsity in the affidavit of a litigant or disinterested

person shall be sufficient cause to strike out the pleading

of that party, without prejudice to whatever criminal

liability may have been incurred. (16a)

Section 19. In addition to the fees imposed in the

preceding sections, a victim-compensation fee of five

(P5.00) pesos pursuant to Rep. Act. No. 7309 shall be

assessed and collected for the filing of every complaint or

petition initiating an ordinary civil action, special civil

action or special proceeding in the trial courts including

civil actions impliedly instituted with criminal actions

under Rule 111, Revised Rules of Criminal Procedure where

a filing fee is likewise collected. All sums collected shall be

remitted to the Department of Justice very quarter by the

Clerk of Court concerned. (18-A)

Section 20. Other fees . — The following fees shall also be

collected by the clerks of Regional Trial Courts or courts of

the first level, as the case may be:

(a) In estafa cases where the offended party fails to

manifest within fifteen (15) days following the filing of the

information that the civil liability arising from the crime

has been or would be separated prosecuted:

1. Less than P100,000.00 P500.00

2. P100,000.00 or more but less than P150,000.00 P800.00

3.

P150,000.00

or

more

but

less

than

P200,000.00

P1,000.00

4.

P200,000.00

or

more

but

less

than

P250,000.00

P1,500.00

5.

P250,000.00

or

more

but

less

than

P300,000.00

P1,750.00

6.

P300,000.00

or

more

but

less

than

P350,000.00

P2,000.00

7. P350,000.00 or more but no more than P400,000.00

P2,250.00

8. For each P1,000.00 in excess of P400,000.00 P10.00

(b) For motions for postponement after completion of the

pre-trial stage, one hundred pesos (P100.00) for the first,

and

an

additional

fifty

pesos

(P50.00)

for

every

postponement

thereafter

based

on

that

for

the

immediately preceding motion: Provided , however, that

no fee shall be imposed when the motion is found to be

based on justifiable and compelling reason;

(c) For bonds by sureties in criminal and civil cases, three

hundred pesos (P300.00);

(d) For applications for and entries of certificates of sale

and final deeds of sale in extra-judicial foreclosures of

mortgages, three hundred (P300.00) pesos;

(e) For applications for and certificates of sale in notarial

foreclosures:

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

per cent;

2. On all sums in excess of four thousand (P4,000.00)

pesos,

two

and

one

half

(2.5%)

percent

(A.M.

NO.

99-8-01-SC, September 14, 1999)

Section 21. Government exempt . — The Republic of the

Philippines,

its

agencies

and

instrumentalities,

are

exempt from paying the legal fees provided in this rule,

Local governments and government-owned or controlled

corporations with or without independent charters are

not exempt from paying such fees. (19)

RULE 142 Cost

Section 1. Cost ordinarily follow results of suit . — Unless

otherwise provided in these rules, cost shall be allowed to

the prevailing party as a matter of course, but the court

shall 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. No costs shall be

allowed against the Republic of the Philippines unless

otherwise provided by law.

Section 2. When action or appeal dismissed . — If 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 . — Where 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.

Section

4.

False

allegations .

—

An

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 reason of such

untrue pleading. The amount of expenses so payable

shall be fixed by the judge in the trial, and taxed as costs.

Section 5. No cost for irrelevant matters . — When the

record contains any unnecessary, irrelevant, or immaterial

matter, the party as whose instance the same was

inserted or at whose instance the same was printed, shall

not be allowed as costs any disbursement for preparing,

certifying, or printing such matter.

Section 6. Attorney's fees as cost . — No attorney's fees

shall be taxed as costs against the adverse party, except

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