Article 109p. 109

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Section 6. Legal and Administrative Fees, Service

Charges and Costs. — The legal fees, service charges and

costs prescribed herein are hereby authorized to be

charged and/or collected by the Commissioner for the

service, action or proceeding hereinafter mentioned.

Section 7. Legal Fees. — The following legal fees shall

be charged and collected:

(a) For furnishing certified transcripts of records of

copies on any record, decision, ruling or entry of which

any person is entitled to demand and receive a copy, per

page.... P5.00;

(b) For every certificate not on process, first ten (10)

pages.... P50.00 succeeding, per page.... P1.00;

(c) For every search of any record (per page) and

reading the same .... P10.00;

(d)

For

every

search

of

any

record

(per

page)

pertaining to election cases and reading the same ....

P20.00

(e) For copying (photo or xerox) of any list, document

or record using machines of requesting parties, per

page.... P0.50

(f) For filing of a motion for reconsideration on a

decision, order or resolution.... P300.00

(g) For copying (xerox) of any list, document or

records,

using

the

machines

and

materials

of

the

Commission, per page.... P1.50

(h)

For

every

issuance

of

a

duplicate

voter's

identification card. ..... P10.00

The fees and charges prescribed herein shall be

reduced by fifty percent (50%) if the purpose of the

request is for academic research work.

The department/office which is the legal custodian of

the document/record requested shall be responsible for

the copying (xeroxing) thereof and shall certify that it is a

copy of the official records of the Commission, and shall

affix thereto the seal of the Commission.

No

certified

copy

of

any

official

record

of

the

Commission shall be issued without the payment of the

corresponding fees.

Section 8. Where Fees are to be Paid. — The fees

herein

before

provided

shall

be

paid

by

the

party

concerned to the Cash Division, Administrative Service

Department of the Commission, at the time of request or

demand. If the fees are not paid, the Commission may

refuse to take action thereon until they are paid.

Section 9. Fees for Bailiffs, Sheriffs, and Other

Persons Serving Process. — (a) For executing any process

of the Commission, for each kilometer of travel in the

service of process, reckoned from the place of service to

the place to which the process is returnable, P1.00, but if

the process is executed by a municipal deputy sheriff

residing in the municipality where the party served is

residing such officer shall receive the fees for the service

of process without kilometrage, provided that the party

requiring the process shall deposit with the Commission

at the time of request the estimated cost of expenses for

kilometrage and per diems to be incurred by the Sheriff

but more than P1,000.00.

(b) For serving summons and a copy of petition

furnished by the petitioner for each respondent, P20.00

but when the respondents reside at the same place, the

fee shall be P10.00 for each respondent; and

(c) For serving subpoenas, for each witness served,

P5.00 besides travel fees.

Section 10. Fees for Stenographers . — Stenographers

shall give certified transcript of notes taken by them to

every person requesting the same upon payment of (a)

P2.00 for each page of not less than two hundred and

fifty words before the case is brought to the Supreme

Court on certiorari, and (b) P1.00 for the same page,

thereafter.

Section 11. Witness' Fees . — Witnesses in any action

in the Commission shall be entitled to P20.00 per day and

P1.00 for each kilometer of travel in going to the place of

hearing

and

coming

from

their

homes

within

the

Philippines by the nearest route of usual travel, or in lieu

of said mileage, actual travel expenses by the cheapest

means of transportation.

A witness shall not 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 on which side of a case, if

witness

is

summoned

by

both

sides,

to

claim

his

attendance. A person who is compelled to attend the

hearing on other business of the Commission shall not be

paid as witness.

Section 12. Costs . — Costs shall be allowed to the

prevailing

party

as

a

matter

of

course,

but

the

Commission shall have the power, for special reasons, to

adjudge the either party shall pay the costs of an action,

or that the same be divided, as maybe equitable. No costs

shall be allowed against the Republic of the Philippines

unless otherwise provided by law.

Section 13. Costs in Action or Processing . — In an

action

or

proceeding

before

the

Commission,

the

prevailing party may recover the following cost:

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

down to and including final judgment, one hundred peso

(P100.00);

(b)

All

lawful

fees

charged

against him by the

Commission, in entering and docketing the action and

recording the proceedings and judgment therein and for

the issuing of all processes;

(c) If testimony is received in the Commission, not

taken in another court and transmitted thereto, the

prevailing party shall be allowed the same costs for

witness fees, depositions, and process and service thereof

as he would have been allowed for such items had the

testimony been introduced in the lower courts; and

(d) The lawful fees of a commissioner in any action

may

also

be

taxed

against

the

defeated

party,

or

apportioned as justice requires.

Section 14. When Action or Appeal Dismissed. — If

an action or an appeal is dismissed for want of jurisdiction

or otherwise, the Commission nevertheless shall have the

power to render judgment for costs, as justice may

require.

Section 15. Costs When Action or Appeal Frivolous .

— When an action or an appeal is found to be frivolous,

double or treble costs may be imposed on the petitioner

or appellant, which shall be paid by his attorney, if so

ordered by the Commission.

Section 16. Attorney's Fees as Costs. — No Attorney's

fees shall be taxed as costs against the adverse party,

except as provided by the Civil Code. But this section shall

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

as against his client.

Section 17. Costs When Witness Fails to Appear . — If

a witness fails to appear at the time and place specified in

the subpoena issued by the Commission, the costs of the

warrant of arrest of the witness shall be paid by the

witness if the Commission shall determine that his failure

to answer the subpoena was willful or without just

excuse.

Section 18. Non-payment of Prescribed Fees . — If

the fees above prescribed are not paid, the Commission

may refuse to take action thereon until they are paid and

may dismiss the action or the proceeding.

Section 19. Government Exempt . — The Republic of

the Philippines is exempt from paying the legal fees

provided in this resolution.

Section 20. Collection and Remittances of Legal

Research Fee . — The amount collected as legal research

fee shall be receipted for as "Legal Research Fund" and

© Compiled by RGL

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