Article 26p. 26

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

as provided by the rules of civil law. But this section shall

have no relation to the fees to be charged by an attorney

as against his client.

Section 7. Restriction of cost . — If the plaintiff in any

action shall recover a sum not exceeding ten pesos as

debt or damages, he shall recover no more cost than debt

or damages, unless the court shall certify that the action

involved a substantial and important right to the plaintiff

in which case full cost may be allowed.

Section 8. Costs, how to taxed . — In inferior courts, the

costs shall be taxed by the justice of the peace or

municipal judge and included the judgment. In superior

courts,

costs

shall

be

taxed

by

the

clerk

of

the

corresponding court on five days' written notice giving by

the prevailing party to the adverse party. With this notice

shall be served a statement of the items of the cost

claimed by the prevailing party, verified by his oath or

that of his attorney. Objections to the taxation shall be

made in writing, specifying the items objected to. Either

party may appeal to the court from the clerk's taxation.

The costs shall be inserted in the judgment if taxed

before its entry, and payment thereof shall be enforced by

execution.

Section 9. Cost in justice of the peace or municipal

courts . — In an action or proceeding pending before a

justice of the peace or municipal judge, the prevailing

party may recover the following cost, and no other:

(a) For the complaint or answer, two pesos;

(b) For the attendance of himself, or his counsel, or both,

on the day of trial, five pesos;

(c) For each additional day's attendance required in the

actual trial of the case, one peso;

(d) For each witness produced by him, for each day's

necessary attendance at the trial, one peso, and his lawful

traveling fees;

(e)

For

each

deposition

lawfully

taken by him and

produced in evidence, five pesos;

(f) For original documents, deeds, or papers of any kind

produced by him; nothing;

(g) For 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 the action;

(i) The lawful fees charged against him by the judge of

the court in entering and docketing and trying the action

or proceeding.

Section 10. Cost in Court of First Instance . — In an action

or proceeding pending in a Court of First Instance, the

prevailing party may recover the following costs, and no

other:

(a) For the complaint or answer, fifteen pesos;

(b) For his own attendance, and that of his attorney, down

to and including final judgment, twenty pesos;

(c) For each witness necessarily produced by him, for each

day's necessary attendance of such witness at the trial,

two pesos, and his lawful traveling fees;

(d)

For each deposition lawfully taken by him, and

produced in evidence, five pesos;

(e) For original documents, deeds, or papers of any kind

produced by him, nothing;

(f) For 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 docketing

the action or recording the proceedings, for the service of

any process in action, and all lawful clerk's fees paid by

him.

Section 11. Costs in Court of Appeals and in Supreme

Court . — In an action or proceeding pending in the Court

of Appeals or in the Supreme Court, the prevailing party

may recover the following costs, and no other:

(a) For his own attendance, and that of his attorney, down

to and including final judgment, thirty pesos in the Court

of Appeals and fifty pesos in the Supreme Court;

(b) For 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) All lawful fees charged against him by the clerk of the

Court of Appeals or of the Supreme Court, in entering and

docketing the action and recording the proceedings and

judgment therein and for the issuing of all process;

(d) No allowance shall be made to the prevailing party in

the Supreme Court or Court of Appeals for the brief or

written or printed arguments of his attorney, or copies

thereof, aside from the thirty or fifty pesos above stated;

(e) If testimony is received in the Supreme Court or Court

of Appeals not taken 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 First

Instance;

(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 . — If 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 examination

in probate proceedings . — When a person is cited, on

motion of another, to appear before the court to be

examined in 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 First Instance.

RULE 143 Applicability of the Rules

These rules shall not apply to land registration, cadastral

and

election

cases,

naturalization

and

insolvency

proceedings, and other cases not herein provided for,

except by analogy or in a suppletory character and

whenever practicable and convenient.

RULE 144 Effectiveness

These rules shall take effect on January 1, 1964. They shall

govern all cases brought after they take effect, and also all

further proceedings in cases then pending. except to the

extent that in the opinion of the court their application

would not be feasible or would work injustice, in which

event the former procedure shall apply.

B.M. No. 850 | MANDATORY

CONTINUING LEGAL EDUCATION

(MCLE)

August 22, 2000

ADOPTING THE RULES ON MANDATORY CONTINUING

LEGAL

EDUCATION

FOR

MEMBERS

OF

THE

INTEGRATED BAR OF THE PHILIPPINES

EN BANC

R E S O L U T I O N

Considering the Rules on Mandatory Continuing Legal

Education (MCLE) for members of the Integrated Bar of

© Compiled By RGL

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