Legal and Judicial Ethics

Courts of justice shall always be open, except on legal holidays, for the filing any pleading, motion or other papers, for the trial of cases, hearing of motions, and for the issuance of orders or rendition of judgments. Justice shall be impartially administered without unnecessary delay.

The sitting of every court of justice shall be public, but any court may, in its discretion, exclude the public when the evidence to be adduced is of such nature as to require their exclusion in the interest of morality or decency. The records of every court of justice shall be public records and shall be available for the inspection of any interested person, at all proper business hours, under the supervision of the clerk having custody of such records, unless the court shall, in any special case, have forbidden their publicity, in the interest of morality or decency.

Process issued from a superior court in which a case is pending to bring in a defendant, or for the arrest of any accused person, or to execute any order or judgment of the court, may be enforced in any part of the Philippines.

The process of inferior courts shall be enforceable within the province where the municipality or city lies. It shall not be served outside the boundaries of the province in which they are comprised except with the approval of the judge of first instance of said province, and only in the following cases:

• a

  When an order for the delivery of personal property lying outside the province is to be complied with;

• b

  When an attachment of real or personal property lying outside the province is to be made;

• c

  When the action is against two or more defendants residing in different provinces; and

• d

  When the place where the case has been brought is that specified in a contract in writing between the parties, or is the place of the execution of such contract as appears therefrom.

• Writs of execution issued by inferior courts may be enforced in any part of the Philippines without any previous approval of the judge of first instance.

• Criminal process may be issued by a justice of the peace or other inferior court, to be served outside his province, when the district judge, or in his absence the provincial fiscal, shall certify that in his opinion the interests of justice require such service.

Every court shall have power:

• a

  To preserve and enforce order in its immediate presence;

• b

  To enforce order in proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority;

• c

  To compel obedience to its judgments, orders and processes, and to the lawful orders of a judge out of court, in a case pending therein;

• d

  To control, in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a case before it, in every manner appertaining thereto;

• e

  To compel the attendance of persons to testify in a case pending therein;

• f

  To administer or cause to be administered oaths in a case pending therein, and in all other cases where it may be necessary in the exercise of its powers;

• g

  To amend and control its process and orders so as to make them conformable to law and justice;

• h

  To authorize a copy of a lost or destroyed pleading or other paper to be filed and used instead of the original, and to restore, and supply deficiencies in its records and proceedings.

When by law jurisdiction is conferred on a court or judicial officer, all auxiliary writs, processes and other means necessary to carry it into effect may be employed by such court or officer; and if the procedure to be followed in the exercise of such jurisdiction is not specifically Pointed out by law or by these rules, any suitable process or mode of proceeding may be adopted which appears conformable to the spirit of said law or rules.

All trials upon the merits shall be conducted in open court and so far as convenient in a regular court room. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials.

A judge of first instance shall have power to hear and determine, when within the district though without his province, any interlocutory motion or issue after due and reasonable notice to the parties. On the filing of a petition for the writ of habeas corpus or for release upon bail or reduction of bail in any Court of First Instance, the hearings may be had at any place in the judicial district which the judge shall deem convenient.

Whenever a judge appointed or assigned in any province or branch of a Court of First Instance in a province shall leave the province by transfer or assignment to another court of equal jurisdiction, or by expiration of his temporary assignment, without having decided a case totally heard by him and which was argued or an opportunity given for argument to the parties or their counsel, it shall be lawful for him to prepare and sign his decision in said case anywhere within the Philippines. He shall send the same by registered mail to the clerk of the court where the case was heard or argued to be filed therein as of the date when the same was received by the clerk, in the same manner as if he had been present in court to direct the filing of the judgment. If a case has been heard only in part, the Supreme Court, upon petition of any of the parties to the case and the recommendation of the respective district judge, may also authorize the judge who has partly heard the case, if no other judge had heard the case in part, to continue hearing and to decide said case notwithstanding his transfer or appointment in another court of equal jurisdiction.

The official seal of the Supreme Court shall be the same as the Great Seal of the Republic of the Philippines, except that within the upper portion of the double marginal circle shall appear the words "Supreme Court" and within the lower portion the words "Republic of the Philippines" its size not to exceed 7/8 of the Great Seal, or 2" inches diameter.

• The seal of the Court of Appeals shall be the same as that of the Supreme Court with the only difference that it shall bear, running from left to right, on the outside edge, the words "Court of Appeals of the Philippines."

• The seal of the Court of First Instance shall be the same as that of the Supreme Court with the only difference that it shall bear, running from left to right, on the upper outside edge, the words "Court of First Instance," on the lower outside edge, the name of the province, and in the center, the word "Philippines."

Process shall be under the seal of the court from which it issues, be styled "Republic seal of the Philippines, Province or City of _______" to be signed by the clerk and bear date the day it actually issued.

The clerk's office, with the clerk or his deputy in attendance, shall be open during business hours on all days except Sundays and legal holidays. The clerk of the Supreme Court and that of the Court of Appeals shall keep office at Manila and all papers authorized or required to be filed therein shall be filed at Manila.

The clerk of a superior court shall issue under the seal of the court all ordinary writs and process incident to pending cases, the issuance of which does not involve the exercise of functions appertaining to the court or judge only; and may, under the direction of the court or judge, make out and sign letters of administration, appointments of guardians, trustees, and receivers, and all writs and process issuing from the court.

In the absence of the judge, the clerk may perform all the duties of the judge in receiving applications, petitions, inventories, reports, and the issuance of all orders and notices that follow as a matter of course under these rules, and may also, when directed so to do by the judge, receive the accounts of executors, administrators, guardians, trustees, and receivers, and all evidence relating to them, or to the settlement of the estates of deceased persons, or to guardianships, trusteeships, or receiverships, and forthwith transmit such reports, accounts, and evidence to the judge, together with his findings in relation to the same, if the judge shall direct him to make findings and include the same in his report.

The clerk of each superior court shall receive and file all pleadings and other papers properly presented, endorsing on each such paper the time when it was filed, and shall attend all of the sessions of the court and enter its proceedings for each day in a minute book to be kept by him.

The clerk shall safely keep all records, papers, files, exhibits and public property committed to his charge, including the library of the court, and the seals and furniture belonging to his office.

The clerk shall keep a general docket, each page of which shall be numbered and prepared for receiving all the entries in a single case, and shall enter therein all cases, numbered consecutively in the order in which they were received, and, under the heading of each case and a complete title thereof, the date of each paper filed or issued, of each order or judgment entered, and of each other step taken in the case, so that by reference to a single page the history of the case may be seen.

The clerk shall keep a judgment book containing a copy of each judgment rendered by the court in order of its date, and a book of entries of judgments containing at length in chronological order entries of all final judgments or orders of the court.

The clerk shall keep an execution book in which he or his deputy shall record at length in chronological order each execution, and the officer's return thereon, by virtue of which real property has been sold.

The clerk shall prepare, for any person demanding the same, a copy certified under the seal of the court of any paper, record, order, judgment, or entry in his office, proper to be certified, for the fees prescribed by these rules.

The clerk shall keep such other books and perform such other duties as the court may direct.

The general docket, judgment book, entries book and execution book shall each be indexed in alphabetical order in the names of the parties, and each of them. If the court so directs, the clerk shall keep two or more of either or all of the books and dockets above mentioned, separating civil from criminal cases, or actions from special proceedings, or otherwise keeping cases separated by classes as the court shall deem best.

No record shall be taken from the clerk's office without an order of the court except as otherwise provided by these rules. However, the Solicitor General or any of his assistants, the provincial fiscal or his deputy, and the attorneys de oficio shall be permitted, upon proper receipt, to withdraw from the clerk's office the record of any cases in which they are interested.

All unprinted documents Presented to the superior courts of the Philippines shall be written on paper of good quality twelve and three eighths inches in length by eight and one-half inches in width, leaving a margin at the top and at the left-hand side not less than one inch and one-half in width. Papel catalan, of the first and second classes, legal cap, and typewriting paper of such weight as not to permit the writing of more than one original and two carbons at one time, will be accepted, provided that such paper is of the required size and of good quality. Documents written with ink shall not be of more than twenty-five lines to one page. Typewritten documents shall be written double-spaced. One side only of the page will be written upon, and the different sheets will be sewn together, firmly, by five stitches in the left-hand border in order to facilitate the formation of the expediente, and they must not be doubled.

All papers required by these rules to be printed shall be printed with black ink on unglazed paper, with pages six inches in width by nine inches in length, in pamphlet form. The type used shall not be smaller than twelve point. The paper used shall be of sufficient weight to prevent the printing upon one side from being visible upon the other.

It shall be the duty of the stenographer who has attended a session of a court either in the morning or in the afternoon, to deliver to the clerk of court, immediately at the close of such morning or afternoon session, all the notes he has taken, to be attached to the record of the case; and it shall likewise be the duty of the clerk to demand that the stenographer comply with said duty. The clerk of court shall stamp the date on which such notes are received by him. When such notes are transcribed the transcript shall be delivered to the clerk, duly initialed on each page thereof, to be attached to the record of the case.

• Whenever requested by a party, any statement made by a judge of first instance, or by a commissioner, with reference to a case being tried by him, or to any of the parties thereto, or to any witness or attorney, during the hearing of such case, shall be made of record in the stenographic notes.

Every justice of the peace and municipal judge shall keep a well-bound book labeled "docket," in which he shall enter for each case:

• 1

  The title of the case including- the names of all the parties;

• 2

  The nature of the case, whether civil or criminal, and if the latter, the offense charged;

• 3

  The date of issuing preliminary and intermediate process including orders of arrest and subpoenas, and the date and nature of the return thereon;

• 4

  The date of the appearance or default of the defendant;

• 5

  The date of presenting the plea, answer, or motion to quash, and the nature of the same;

• 6

  The minutes of the trial, including1 the date thereof and of all adjournments;

• 7

  The names and addresses of all witnesses;

• 8

  The date and nature of the judgment, and, in a civil case, the relief granted;

• 9

  An itemized statement of the costs;

• 10

  The date of any execution issued, and the date and contents of the return thereon;

• 11

  The date of any notice of appeal filed, and the name of the party filing the same.

• A justice of the peace or municipal judge may keep two dockets, one for civil and one for criminal cases. He shall also keep all the pleadings and other papers and exhibits in cases pending in his court, and shall certify copies of his docket entries and other records proper to be certified, for the fees prescribed by these rules. It shall not be necessary for the justice of the Peace or municipal judge to reduce to writing the testimony of witnesses, except that of the accused in Preliminary investigations.

Each Justice of the peace or municipal judge shall, at the beginning and in front of all his entries in his docket, make and subscribe substantially the following entry:

"A docket of proceedings in cases before ____, justice of the peace (or municipal judge) of the municipality (or city) of ___, in the province of _____, Republic of the Philippines.

Witness my signature, ____

Justice of the Peace (or Municipal Judge)"

No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record.

• A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.

If it be claimed that an official is disqualified from sitting as above provided, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal, or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in the case.

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.

Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

Citizens of the United States of America who, before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines and in good and regular standing as such may, upon satisfactory proof of those facts before the Supreme Court, be allowed to continue such practice after taking the following oath of office:

"I, _____, having been permitted to continue in the practice of law in the Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God."

Applicants for admission who, being Filipino citizens, are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the United States, and who can show by satisfactory certificates that they have practiced at least five years in any of said courts, that such practice began before July 4, 1946, and that they have never been suspended or disbarred, may, in the discretion of the Court, be admitted without examination.

(Effective 2023 bar examinations onwards) All applicants for admission other than those referred to in the two preceding sections, shall before being admitted to the examination, satisfactorily show that they have successfully completed all the prescribed courses for the degree of Bachelor of Laws or its equivalent degree, in a law school or university officially recognized by the Philippine Government or by the proper authority in the foreign jurisdiction where the degree has been granted.

• No applicant who obtained the Bachelor of Laws degree in this jurisdiction shall be admitted to the bar examination unless he or she has satisfactorily completed the following course in a law school or university duly recognized by the government: civil law, commercial law, remedial law, criminal law, public and private international law, political law, labor and social legislation medical jurisprudence, taxation, legal ethics and clinical legal education program.

• A Filipino citizen who graduated from a foreign law school shall be admitted to the bar examination only upon submission to the Supreme Court of certifications showing: (a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent degree; (b) recognition or accreditation of the law school by the proper authority; and (c) completion of all the fourth year subjects in the Bachelor of Laws academic program in a law school duly recognized by the Philippine Government. (As amended by B.M. No. 1153, March 09, 2010)

No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and satisfactorily completed in an authorized and recognized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelor's degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, english, Spanish, history and economics.

All applicants for admission shall file with the clerk of the Supreme Court the evidence required by section 2 of this rule at least fifteen (15) days before the beginning of the examination. If not embraced within sections 3 and 4 of this rule they shall also file within the same period the affidavit and certificate required by section 5, and if embraced within sections 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence, and citizenship.

Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English and Spanish, for at least ten (10) days before the beginning of the examination.

Applicants, not otherwise provided for in sections 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law; Labor and Social Legislation; Mercantile Law; Criminal Law; Political Law (Constitutional Law, Public Corporations, and Public Officers) ; International Law (Private and Public); Taxation; Remedial Law (Civil Procedure, Criminal Procedure, and Evidence); Legal Ethics and Practical Exercises (in Pleading and Conveyancing).

Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof, in English or Spanish, shall be given to each examinee. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used. The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers or commission of other frauds. Examinees shall not place their names on the examination papers. No oral examination shall be given.

Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar examiners. The subjects shall be distributed as follows: First day: Political and International Law (morning) and Labor and Social Legislation (afternoon); Second day: Civil Law (morning) and Taxation (afternoon); Third day: Mercantile Law (morning) and Criminal Law (afternoon) ; Fourth day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon).

Examinations shall be conducted by a committee of bar examiners to be appointed by the Supreme Court. This committee shall be composed of a Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of this committee shall be published in each volume of the official reports.

No candidate shall endeavor to influence any member of the committee, and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this provision, or any other provision of this rule, shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court.

In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75 per cent in all subjects, without falling below 50 per cent in any subject. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law, 10 per cent: Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.

Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. The examination papers and notes of the committee shall be filed with the clerk and may there be examined by the parties in interest, after the court has approved the report.

Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject.

An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office.

The Supreme Court shall thereupon admit the applicant as a member of the bar for all the courts of the Philippines, and shall direct an order to be entered to that effect upon its records, and that a certificate of such record be given to him by the clerk of court, which certificate shall be his authority to practice.

The clerk of the Supreme Court shall keep a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate.

It is the duty of an attorney:

• a

  To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines.

• b

  To observe and maintain the respect due to the courts of justice and judicial officers;

• c

  To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law;

• d

  To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;

• e

  To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval;

• f

  To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged;

• g

  Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest;

• h

  Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

• i

  In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding judge may, on motion of either party and on reasonable grounds therefor being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. An attorney wilfully appearing in court for a person without being employed, unless by leave of the court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions.

An attorney who appears de parte in a case before a lower court shall be presumed to continue representing his client on appeal, unless he files a formal petition withdrawing his appearance in the appellate court.

Attorneys have authority to bind their clients in any case by any agreement in relation thereto made in writing, and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.

An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services, with a view to the importance of the subject matter of the controversy, the extent of the services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the court to be unconscionable or unreasonable.

When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the Court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to a criminal prosecution.

An attorney may retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party.

• A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case wherein his services had been retained by the client.

A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilfully 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.

The Court of Appeals or a Court of First Instance may suspend an attorney from practice for any of the causes named in-the last preceding section, and after such suspension such attorney shall not practice his profession until further action of the Supreme Court in the premises.

Upon such suspension, the Court of Appeals or the Court of First Instance shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon the receipt of such certified copy and statement, the Supreme Court shall make full investigation of the facts involved and make such order revoking or extending the suspension, or removing the attorney from his office as such, as the facts warrant.

No attorney shall be removed or suspended from the practice of his profession, until he has had full opportunity upon reasonable notice to answer the charges against him, to produce witnesses in his own behalf, and to be heard by himself or counsel. But if upon reasonable notice he fails to appear and answer the accusation, the court may proceed to determine the matter ex parte.

A court may assign an attorney to render professional aid free of charge to any party in a case, if upon investigation it appears that the party is destitute and unable to employ an attorney, and that the services of counsel are necessary to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney so assigned to render the required service, unless he is excused therefrom by the court for sufficient cause shown.

Subject to availability of funds as may be provided by law the court may, in its discretion, order an attorney employed as counsel de oficio to be compensated in such sum as the court may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall not be less than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) in grave felonies other than capital offenses; (4) Five hundred pesos (P500) in capital offenses.

Any official or other person appointed or designated in accordance with law to appear for the Government of the Philippines shall have all the rights of a duly authorized member of the bar to appear in any case in which said government has an interest direct or indirect.

In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar.

No judge or other official or employee of the superior courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or give professional advice to clients.

The court may, in special cases, and upon proper application, permit the appearance, as amici curiae, of those lawyers who in its opinion can help in the disposition of the matter before it; or it may, on its own initiative, invite prominent attorneys to appear as amici curiae in such special cases.

An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully come into his possession and may retain the same until his lawful fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. He shall also have a lien to the same extent upon all judgments for the payment of money, and executions issued in pursuance of such judgments, which he has secured in a litigation of his client, from and after the time when he shall have caused a statement of his claim of such lien to be entered upon the records of the court rendering such judgment, or issuing such execution, and shall have caused written notice thereof to be delivered to his client and to the adverse party; and he shall have the same right and power over such judgments and executions as his client would have to enforce his lien and secure the payment of his just fees and disbursements.

This rule shall cover the limited practice of law by students certified herein. The limited practice of law covers appearances, drafting and submission of pleadings and documents before trial and appellate courts and quasi-judicial and administrative bodies, assistance in mediation and other alternative modes ofdispute resolution, legal counselling and advice, and such other activities that may be covered by the Clinical Legal Education Program of the law school as herein provided.

• a

  Clinical Legal Education Program is an experiential, interactive and reflective credit-earning teaching course with the objectives of providing law students with practical knowledge, skills and values necessary for the application of the law, delivery of legal services and promotion of social justice and public interest, especially to the marginalized, while inculcating in the students the values of ethical lawyering and public service. It consists of learning activities covered by this Rule undertaken in either a 1) law clinic or an 2) extemship, which shall incorporate the teaching of legal theory and doctrines, practical skills, as well as legal ethics.

• b

  Externship is part of the clinical legal educational program if:

  • a

    it allows students to engage in legal work for the marginalized sectors or for the promotion of social justice and public interest, and

  • b

    it is undertaken with any ofthe following:

    • i

      the courts, the Integrated Bar of the Philippines (IBP), government offices; and

    • ii

      law school-recognized non-governmental organizations (NGOs).

  • c

    Law Clinic refers to an office or center which is a component ofthe law school's clinical legal education program that renders legal assistance and services as herein provided to eligible persons, groups, and/or communities.

  • d

    Law Student Practitioner is a law student certified under Section 3 of this Rule.

  • e

    Supervising Lawyer refers to a member of the Philippine Bar in good standing who is authorized by the law school to supervise the law student practitioner under this Rule.

No law student shall be permitted to engage in any of the activities under the Clinical Legal Education Program of a law school unless the law student has applied for and secured the following certifications:

• a

  Level 1 certification, for law students who have successfully completed their first-year law courses; and/or

• b

  Level 2 certification, for law students currently enrolled for the second semester of their third-year law courses: Provided however, where a student fails to complete all their third-year law courses, the Level 2 certification shall be deemed automatically revoked.

• The certification issued shall be valid until the student has completed the required number of courses in the clinical legal education program to complete the law degree, unless sooner revoked for grounds stated herein.

Subject to the supervision and approval of a supervising lawyer, a certified law student practitioner may:

• For Level 1 certification
  • 1

    Interview prospective clients;

  • 2

    Give legal advice to the client;

  • 3

    Negotiate for and on behalf of the client;

  • 4

    Draft legal documents such as affidavits, compromise agreements, contracts, demand letter, position papers, and the like;

  • 5

    Represent eligible parties before quasi-judicial or administrative bodies;

  • 6

    Provide public legal orientation; and

  • 7

    Assist in public interest advocacies for policy formulation and implementation.

• For Level 2 Certification
  • 1

    Perform all activities under Level 1 Certification;

  • 2

    Assist in the taking of depositions and/or preparing judicial affidavits of witnesses;

  • 3

    Appear on behalf of the client at any stage of the proceedings or trial, before any court, quasi-judicial or administrative body;

  • 4

    In criminal cases, subject to the provisions of Section 5, Rule 110 of the Rules of Court, to appear on behalf of a government agency in the prosecution of criminal actions; and

  • 5

    In appealed cases, to prepare the pleadings required in the case.

The law student must submit a duly-accomplished application form under oath in three (3) copies, accompanied by proof of payment of the necessary legal and filing fees.

• The law school, through the dean or the authorized representative, shall submit to the Office of the Executive Judge of the Regional Trial Court (RTC) having jurisdiction over the territory where the law school is located, the duly-accomplished application form together with an endorsement under oath.

• Level 1 Certification

  The Executive Judge ofthe RTC shall evaluate, approve, and issue the certification within ten (10) days from receipt of the application.

  • The Level 1 certification issued under this provision shall be valid before all courts, quasi-judicial and administrative bodies within the judicial region where the law school is located.

• Level 2 Certification

  Within ten (10) days from receipt ofthe application, the Executive Judge of the RTC shall (a) evaluate the application together with its attachments, and (b) recommend to the Office ofthe Court Administrator (OCA) the approval and issuance of the certification. If the Executive Judge finds the application to be incomplete, the law school shall be notified and required to comply with the requirements within five (5) days from receipt of notice.

  • The Level 2 certification issued under this provision shall be valid before all courts, quasi-judicial and administrative bodies.

Acting under a certification, the law student practitioner shall:

• a

  Observe the provisions of Section 24(b), Rule 130 of the Rules of Court;

• b

  Be prohibited from using information acquired in one's capacity as a law student practitioner for personal or commercial gain;

• c

  Perform the duties and responsibilities to the best of one's abilities as a law student practitioner; and

• d

  Strictly observe the Canons of the Code of Professional Responsibility.

A law student practitioner may sign briefs, pleadings, letters, and other similar documents which the student has produced under the direction of the supervising lawyer, indicating the law student practitioner's certificate number as required under this Rule.

A law student who has been issued a certificate under this Rule must, before performing the activities allowed herein, take an oath in the following form:

"I, ( name ), having been granted a certificate of law student practice by the Supreme Court under Rule 138-A of the Rules of Court, do solemnly swear (or affirm) that I will maintain allegiance to the Republic ofthe Philippines, I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myselfas a certified law student practitioner according to the best ofmy knowledge and discretion, with all good fidelity as well to the courts as to the parties I represent; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God."

The law school, through its dean or authorized representative, must:

• a

  Develop and adopt a Clinical Legal Education Program;

• b

  Develop and establish at least one law clinic in its school;

• c

  Endorse qualified students for certification as law student practitioner under this Rule. Such endorsement shall constitute as a certification that the dean or authorized representative knows that the applicant is a student enrolled in the Clinical Legal Education course, possesses good moral character, and has met the requirements of Section 3 of this Rule; and

• d

  Ensure compliance by law student practitioners and supervising lawyers with the Code ofProfessional Responsibility.

A supervising lawyer under this Rule shall be a member of the bar in good standing.

The following are the duties of a supervising lawyer:

• a

  Supervise such number of certified law student practitioners as far as practicable;

• b

  Personally appear with the law student practitioner in all cases pending before the second-level courts and in all other cases the supervising lawyer determines that his or her presence is required;

• c

  Assume personal professional responsibility for any work performed by the certified law student practitioner while under his or her supervision;

• d

  Assist and advise the certified law student practitioner in the activities authorized by these rules and review such activities with the certified law student practitioner, all to the extent required for the proper practical training ofthe certified law student practitioner and the protection of the client;

• e

  Read, approve, and personally sign any pleadings, briefs or other similar documents prepared by the certified law student practitioner prior to the filing thereof, and read and approve any documents which shall be prepared by the certified law student practitioner for execution by the eligible party; and

• f

  Provide the level of supervision to the certified law student practitioner required by these rules.

Law schools shall have such number of faculty members to teach clinical legal education courses as may be necessary to comply with this Rule.

• a

  Without prejudice to existing laws, rules, regulations, and circulars, the following shall be considered as unauthorized practice of law by a certified law student practitioner -

  • i

    Engaging in any of the acts provided in Section 4 of this Rule without the necessary certification or without the consent and supervision of the supervising lawyer;

  • ii

    Making false representations in the application for certification;

  • iii

    Using an expired certification to engage in the limited practice of law under this Rule;

  • iv

    Rendering legal services outside the scope of the practice areas allowed under Section 4 of this Rule;

  • v

    Asking for or receiving payment or compensation for services rendered under the Clinical Legal Education Program as provided in this Rule; and

  • vi

    Such other analogous circumstances.

  • Unauthorized practice of law shall be a ground for revocation of the law student practitioner's certification and/or disqualification for a law student from taking the bar examination for a period to be determined by the Supreme Court.

• b

  The above provisions notwithstanding, any act constituting a violation of the Code ofProfessional Responsibility shall subject the supervising lawyer, Clinical Legal Education Program Head, and/or law school dean to disciplinary action, as the circumstances may warrant.

This rule shall take effect at the start of Academic Year 2020-2021 following its publication in two (2) newspapers of general circulation. The requirements under second paragraph of Section 5, Rule 138 as amended by A.M. No. 19-03-24-SC dated June 25, 2019 shall apply to bar examination applicants commencing the 2023 bar examinations.

There is hereby organized an official national body to be known as the "Integrated Bar of the Philippines," composed of all persons whose names now appear or may hereafter be included in the Roll of Attorneys of the Supreme Court.

The fundamental purposes of the Integrated Bar shall be to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.

The Philippines is hereby divided into nine Regions of the Integrated Bar, to wit:

• a

  Northern Luzon, consisting of the provinces of Abra, Batanes, Benguet, Cagayan, Ifugao, Ilocos Norte, Ilocos Sur, Isabela, Kalinga-Apayao, La Union, Mountain Province, Nueva Vizcaya, and Quirino.

• b

  Central Luzon, consisting of the provinces of Bataan, Bulacan, Nueva Ecija, Pampanga, Pangasinan, Tarlac, and Zambales;

• c

  Greater Manila, consisting of the City of Manila and Quezon City;

• d

  Southern Luzon, consisting of the provinces of Batangas, Cavite, Laguna, Marinduque, Occidental Mindoro, Oriental Mindoro, Quezon, and Rizal;

• e

  Bicolandia, consisting of the provinces of Albay, Camarines Norte, Camarines Sur, Catanduanes, Masbate, and Sorsogon;

• f

  Eastern Visayas, consisting of the provinces of Bohol, Cebu, Eastern Samar, Leyte, Northern Samar, Samar, and Southern Leyte;

• g

  Western Visayas, consisting of the provinces of Aklan, Antique, Capiz, Iloilo, Negros Occidental, Negros Oriental, Palawan, Romblon, and Siquijor.

• h

  Eastern Mindanao, consisting of the provinces of Agusan del Norte, Agusan Del Sur, Bukidnon, Camiguin, Davao del Norte, Davao del Sur, Davao Oriental, Misamis Oriental, Surigao del Norte, and Surigao del Sur; and

• i

  Western Mindanao, consisting of the cities of Basilan and Zamboanga, and the provinces of Cotabato, Lanao del Norte, Lanao del Sur, Misamis Occidental, South Cotabato, Sulu, Zamboanga del Norte, and Zamboanga del Sur.

• In the event of the creation of any new province, the Board of Governors shall, with the approval of the Supreme Court, determine the Region to which the said province shall belong.

A Chapter of the Integrated Bar shall be organized in every province. Except as hereinbelow provided, every city shall be considered part of the province within which it is geographically situated.

• A separate Chapter shall be organized in each of the following political subdivisions or areas:

  • a

    The sub-province of Aurora;

  • b

    Each congressional district of the City of Manila;

  • c

    Quezon City;

  • d

    Caloocan City, Malabon and Navotas;

  • e

    Pasay City, Makati, Mandaluyong and San Juan del Monte;

  • f

    Cebu City; and

  • g

    Zamboanga City and Basilan City.

• Unless he otherwise registers his preference for a particular Chapter, a lawyer shall be considered a member of the Chapter of the province, city, political subdivision or area where his office, or, in the absence thereof, his residence is located. In no case shall any lawyer be a member of more than one Chapter.

• Each Chapter shall have its own local government as provided for by uniform rules to be prescribed by the Board of Governors and approved by the Supreme Court, the provisions of Section 19 of this Rule notwithstanding.

• Chapters belonging to the same Region may hold regional conventions on matters and problems of common concern.

The Integrated Bar shall have a House of Delegates of not more than one hundred twenty members who shall be apportioned among all the Chapters as nearly as may be according to the number of their respective members, but each Chapter shall have at least one Delegate. On or before December 31, 1974, and every four years thereafter, the Board of Governors shall make an apportionment of Delegates.

• The term of the office of Delegate shall begin on the date of the opening of the annual convention of the House and shall end on the day immediately preceding the date of the opening of the next succeeding annual convention. No person may be a Delegate for more than two terms.

• The House shall hold an annual convention at the call of the Board of Governors at any time during the month of April of each year for the election of Governor, the reading and discussion of reports including the annual report of the Board of Governors, the transaction of such other business as may be referred to it by the Board, and the consideration of such additional matters as may be requested in writing by at least twenty Delegates. Special conventions of the House may be called by the Board of Governors to consider only such matters as the Board shall indicate. A majority of the Delegates who have registered for a convention, whether annual or special, shall constitute a quorum to do business.

The Integrated Bar shall be governed by a Board of Governors. Nine Governors shall be elected by the House of Delegates from the nine Regions on the representation basis of one Governor from each Region. Each Governor shall be chosen from a list of nominees submitted by the Delegates from the Region, provided that not more than one nominee shall come from any Chapter. The President and the Executive Vice President, if chosen by the Governors from outside of themselves as provided in Section 7 of this Rule, shall ipso facto become members of the Board.

• The members of the Board shall hold office for a term of one year from the date of their election and until their successors shall have been duly elected and qualified. No person may be a Governor for more than two terms.

• The Board shall meet regularly once every three months, on such date and such time and place as it shall designate. A majority of all the members of the Board shall constitute a quorum to do business. Special meetings may be called by the President or by five members of the Board.

• Subject to the approval of the Supreme Court, the Board shall adopt By-Laws and promulgate Canons of Professional Responsibility for all members of the Integrated Bar. The By-Laws and the Canons may be amended by the Supreme Court motu propio or upon the recommendation of the Board of Governors.

• The Board shall prescribe such other rules and regulations as may be necessary and proper to carry out the purposes of the Integrated Bar as well as the provisions of this Rule.

The Integrated Bar shall have a President and an Executive Vice President who shall be chosen by the Governors immediately after the latter''s election, either from among themselves or from other members of the Integrated Bar, by the vote of at least five Governors. Each of the regional members of the Board shall be ex officio Vice President for the Region which he represents.

• The President and the Executive Vice President shall hold office for a term of one year from the date of their election and until their successors shall have duly qualified. The Executive Vice President shall automatically become the President for the next succeeding full term. The Presidency shall rotate from year to year among all the nine Regions in such order or rotation as the Board of Governors shall prescribe. No person shall be President or Executive Vice President of the Integrated Bar for more than one term.

• The Integrated Bar shall have a Secretary, a Treasurer, and such other officers and employees as may be required by the Board of Governors, to be appointed by the President with the consent of the Board, and to hold office at the pleasure of the Board or for such terms as it may fix. Said officers and employees need not be members of the Integrated Bar.

In the event the President is absent or unable to act, his duties shall be performed by the Executive Vice President; and in the event of the death, resignation, or removal of the President, the Executive Vice President shall serve as Acting President during the remainder of the term of the office thus vacated. In the event of the death, resignation, removal, or disability of both the President and the Executive Vice President, the Board of Governors shall elect an Acting President to hold office until the next succeeding election or during the period of disability.

• The filling of vacancies in the House of Delegates, Board of Governors, and all other positions of Officers of the Integrated Bar shall be as provided in the By-Laws. Whenever the term of an office or position is for a fixed period, the person chosen to fill a vacancy therein shall serve only for the unexpired term.

Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collection from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.

Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys.

A member may terminate his membership by filing a written notice to that effect with the Secretary of the Integrated Bar, who shall immediately bring the matter to the attention of the Supreme Court. Forthwith he shall cease to be a member and his name shall be stricken by the Court from the Roll of Attorneys. Reinstatement may be made by the Court in accordance with rules and regulations prescribed by the Board of Governors and approved by the Court.

The Board of Governors shall provide in the By-Laws for grievance procedures for the enforcement and maintenance of discipline among all the members of the Integrated Bar, but no action involving the suspension or disbarment of a member or the removal of his name from the Roll of Attorneys shall be effective without the final approval of the Supreme Court.

The Integrated Bar shall be strictly non-political, and every activity tending to impair this basic feature is strictly prohibited and shall be penalized accordingly. No lawyer holding an elective, judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof shall be eligible for election of appointment to any position in the Integrated Bar or any Chapter thereof shall be considered ipso facto resigned from his position as of the moment he files his certificate of candidacy for any elective public office or accepts appointment to any judicial, quasi-judicial, or prosecutory office in the Government or any political subdivision or instrumentality thereof.

Except as may be specifically authorized or allowed by the Supreme Court, no Delegate or Governor and no national or local Officer or committee member shall receive any compensation, allowance or emolument from the funds of the Integrated Bar for any service rendered therein or be entitled to reimbursement for any expense incurred in the discharge of his functions.

The Board of Governors shall administer the funds of the Integrated Bar and shall have the power to make appropriations and disbursements therefrom. It shall cause proper Books of Accounts to be kept and Financial Statements to be rendered and shall see to it that the proper audit is made of all accounts of the Integrated Bar and all the Chapters thereof.

The Board of Governors shall cause to be published a quarterly Journal of the Integrated Bar, free copies of which shall be distributed to every member of the Integrated Bar.

All voluntary Bar associations now existing or which may hereafter be formed may co-exist with the Integrated Bar but shall not operate at cross-purposes therewith.

This Rule may be amended by the Supreme Court motu propio or upon the recommendation of the Board of Governors or any Chapter of the Integrated Bar.

The Commission on Bar Integration shall organize the local Chapters and toward this end shall secure the assistance of the Department of Justice and of all Judges throughout the Philippines. All Chapter organizational meetings shall be held on Saturday, February 17, 1973. In every case, the Commission shall cause proper notice of the date, time and place of the meeting called to organize a Chapter shall constitute a quorum for the purpose, including the election of a President, a Vice President, a Secretary, a Treasurer, and five Directors.

• The Commission shall initially fix the number of Delegates and apportion the same among all the Chapters as nearly as may be in proportion to the number of their respective members, but each Chapter shall have at least one Delegate. The President of each Chapter shall concurrently be its Delegate to the House of Delegates. The Vice President shall be his alternate, except where the Chapter is entitled to have more than one Delegate, in which case the Vice President shall also be a Delegate.

• The Board of Directors of the Chapter shall in proper cases elect additional as well as alternate Delegates.

• The House of Delegates shall convene in the City of Manila on Saturday, March 17, 1973 for the Purpose of electing a Board of Governors. The Governors shall immediately assume office and forthwith meet to elect the Officers of the Integrated Bar. The Officers so chosen shall immediately assume their respective positions.

This Rule shall take effect on January 16, 1973.

Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu propio, or upon the filing of a verified complaint of any person before the Supreme Court or the Integrated Bar of the Philippines (IBP). The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.

• The IBP shall forward to the Supreme Court for appropriate disposition all complaints for disbarment, suspension and discipline filed against incumbent Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against lawyers in the government service, whether or not they are charged singly or jointly with other respondents, and whether or not such complaint deals with acts unrelated to the discharge of their official functions.

• If the complaint is filed before the IBP, six ( 6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapter who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.

• Section 2  National Grievance Investigators.

  The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three (3) investigatorsto investigate the complaint. All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.

  • An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity of affinity to any of the parties of their counsel, pecuniary interest, personal bias, or his having acted as counsel to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.

  • Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board of Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.

• Section 3  Duties of the National Grievance Investigator.

  The National Grievance Investigators shall investigate all complaints against members of the Integrated Bar referred to them by the IBP Board of Governors.

• Section 4  Chapter assistance to complainant.

  The proper IBP Chapter may assist the complainant(s) in the preparation and filing of his complaint(s).

• Section 5  Service or dismissal.

  If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the Investigator will recommend to the Board of Governors the dismissal of the complaint. Thereafter, the procedure in Section 12 of this Rule shall apply.

  • No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same, unless the Supreme Court motu propio or upon recommendation of the IBP Board of Governors, determines that there is no compelling reason to continue with the disbarment or suspension proceedings against the respondent. (Amendment pursuant to Supreme Court Resolution dated May 27, 1993 re Bar Matter No. 356)

• Section 6  Verification and service of answer.

  The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.

• Section 7  Administrative counsel.

  The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant of the respondent during the investigation in case of need for such assistance.

• Section 8  Investigation.

  Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf, and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

  • The Investigator shall terminate the investigation within three (3) months from the date of its commencement, unless extended for good cause by the Board of Governors upon prior application.

  • Willful failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court. The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall as far as practicable be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within a like period of fifteen (15) days issue a resolution setting forth its findings and recommendations, which shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.

• Section 9  Depositions.

  Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s).

  • Within the Philippines, depositions may be taken before any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.

  • Depositions may be taken outside the Philippines before diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors.

  • Any suitable member of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.

• Section 10  Report of Investigator.

  Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic notes and the transcript thereof, and all the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.

• Section 11  Defects.

  No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstances may warrant, including invalidation of the entire proceedings.

• Section 12  Review and recommendation by the Board of Governors.
  • a

    Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report.

  • b

    After its review, the Board, by the vote of a majority of its total membership, shall recommend to the Supreme Court the dismissal of the complaint or the imposition of disciplinary action against the respondent.

    • The Board shall issue a resolution setting forth its findings and recommendations, clearly and distinctly stating the facts and the reasons on which it is based.

    • The resolution shall be issued within a period not exceeding thirty (30) days from the next meeting of the Board following the submission of the Investigator's report.

  • c

    The Board's resolution, together with the entire records and all evidence presented and submitted, shall be transmitted to the Supreme Court for final action within ten (10) days from issuance of the resolution.

  • d

    Notice of the resolution of the Board shall be given to all parties through their counsel, if any.

• Section 13  Investigation of complaints.

  In proceedings initiated by the Supreme Court, or in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Office of the Bar Confidant, or to any officer of the Supreme Court or judge of a lower court, in which case the investigation shall proceed in the same manner provided in sections 6 to 11 hereof, save that the review of the report of investigation shall be conducted directly by the Supreme Court.

  • The complaint may also be referred to the IBP for investigation, report, and recommendation.

• Section 14  Report of the Solicitor General of other Court-designated Investigator.

  Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a report containing his findings of fact and recommendations for the final action of the Supreme Court.

• Section 15  Suspension of attorney by Supreme Court.

  After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu propio, or upon the recommendation of the IBP Board of Governors, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.

• Section 16  Suspension of attorney by the Court of Appeals or a Regional Trial Court.

  The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.

• Section 17  Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court.

  Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.

• Section 18  Confidentiality.

  Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.

• Section 19  Expenses.

  All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges for which the parties may be taxed as costs.

• Section 20  Effectivity and Transitory Provision.

  This Rule shall take effect June 1, 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS". All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed.

• 1  Motu Proprio Against those who are not Members of the Supreme Court.

  Proceedings for the discipline of the Presiding Justices and Associate Justices of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Shari'ah High Court, and Judges of the first and second Resolution level courts, including the Shari'ah District or Circuit Courts, as well as the officials, employees, and personnel of said courts and the Supreme Court, including the Office of the Court Administrator, the Judicial Integrity Board, the Philippine Judicial Academy, and all other offices created pursuant to law under the Supreme Court's supervision may be instituted, motu proprio, by either the Supreme Court with the Judicial Integrity Board, or by the Judicial Integrity Board itself on the basis of records, documents; or newspaper or media reports; or other papers duly referred or endorsed to it for appropriate action; or on account of any criminal action filed in, or a judgment of conviction rendered by the Sandiganbayan or by the regular or special courts, a copy of which shall be immediately furnished to the Supreme Court and the Judicial Integrity Board.

• 2  By Complaint Against those who are not Members of the Supreme Court.

  Disciplinary proceedings against those mentioned in Section 1 (1) of this Rule may also be instituted with the Judicial Integrity Board by any interested person either by way of a verified complaint supported by affidavits of persons who have personal knowledge of the facts alleged therein or by authentic documents which may substantiate its allegations; or by way of an anonymous complaint, provided, that its material averments may be readily verified, and/or substantiated by competent evidence, including public records.

  • In every case, the written verified or anonymous complaint shall state, clearly and concisely, the imputed acts and/or omissions constituting the administrative offense/offenses listed under Sections 14 to 16 of this Rule.

  • If the verified or anonymous complaint is filed directly with the Supreme Court, the same shall be referred by the Supreme Court to the Judicial Integrity Board as if it was originally filed before it, reckoned from the date the Judicial Integrity Board receives the complaint.

• 3  By Complaint Against Members of the Supreme Court.

  Complaints involving graft and corruption and violations of ethical standards, including anonymous complaints, against Members of the Supreme Court shall be filed directly with the Supreme Court and shall be consequently referred to its Committee on Ethics and Ethical Standards. The said committee shall be responsible for preliminarily investigating and submitting its findings and recommendations to the Supreme Court en banc, in accordance with its own internal rules, which may adopt any of the procedures herein set forth.

  • If the complaint is filed directly with the Judicial Integrity Board, the same shall be referred by the Judicial Integrity Board to the Supreme Court as if it was originally filed before it, reckoned from the date the Supreme Court receives the complaint.

• 1  Circumstances Already Existing Prior to the Institution of the Proceedings.

  Disciplinary proceedings may not be instituted against a Member, official, employee, or personnel of the Judiciary who has already died, retired, or otherwise separated from service. If such proceedings have been instituted notwithstanding the foregoing circumstances, the administrative case against said Member, official, employee, or personnel of the Judiciary shall be dismissed.

• 2  Circumstances Supervening Only During the Pendency of the Proceedings.

  However, once disciplinary proceedings have already been instituted, the respondent's supervening retirement or separation from service shall not preclude or affect the continuation of the same, provided, that, the supervening death of the respondent during the pendency of such proceedings shall result in the dismissal of the administrative case against him or her.

• 1  Proceedings Initiated Motu Proprio.

  In disciplinary proceedings initiated motu proprio by the Supreme Court or the Judicial Integrity Board, the respondent shall be served with a copy of the records, documents, newspaper or media reports, or other papers used as basis for the disciplinary action. Within ten (10) calendar days from notice, or within any extended period granted by the Judicial Integrity Board not exceeding thirty (30) calendar days, the respondent shall be required to file his or her verified answer or comment thereon, which may be supported by affidavits of persons who have personal knowledge of the facts alleged and/or by documents which may substantiate respondent's defenses.

• 2  Proceedings Initiated By Complaint.

  If the Judicial Integrity Board finds that the verified or anonymous complaint is sufficient in form and substance, the respondent shall be served with a copy thereof, including its attachments. Within ten (10) calendar days from notice, or within any extended period granted by the Judicial Integrity Board not exceeding thirty (30) calendar days, the respondent shall be required to file with the Judicial Integrity Board his or her verified answer or comment thereon, which may be supported by affidavits of persons who have personal knowledge of the facts alleged and/or by documents which may substantiate respondent's defenses.

  • If the verified or anonymous complaint is not sufficient in form and substance, it shall be dismissed. Moreover, if the complaint prima facie appears to be baseless and was filed only to harass or embarrass the respondent, or to unduly delay the release of retirement benefits in case of his or her impending compulsory retirement, the complainant shall be required to show cause why he or she should not be cited in contempt. Furthermore, if the complainant is a lawyer, he or she shall also be required to show cause why he or she should not be administratively sanctioned as a member of the Philippine Bar and as an officer of the Court.

• 3  Consequence of Respondent's Failure to Answer or Comment.

  Failure of the respondent to file his or her verified answer or comment in accordance with Section 3 (1) or (2) above shall, unless otherwise justified, result in his or her waiver to participate in the proceedings, and the investigation may proceed based on the available evidence on record.

• 4  Prohibited Pleadings.

  Motions for bill of particulars, clarification, dismissal, or quashal, and memoranda are prohibited pleadings, and as such, shall only be noted without action and attached to the records.

An administrative case against any of those mentioned in Section 1 (1) of this Rule shall also be considered as a disciplinary action against him or her as a member of the Philippine Bar, provided, that the complaint specifically states that the imputed acts or omissions therein likewise constitute a violation of the Lawyer's Oath, the Code of Professional Responsibility, the Canons of Professional Ethics, or such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.

• If the complaint fails to include such specific statement, or if the disciplinary proceedings are instituted motu proprio, the respondent, in the interest of due process, must first be required to show cause in this respect before he or she is likewise disciplined as a member of the Philippine Bar as may be warranted by the circumstances of the case.

• The disciplinary action against the respondent as a member of the Philippine Bar shall be docketed as a separate administrative case but shall be jointly threshed out in, and consolidated with, the investigation of the administrative complaint against him or her as a Member, official, employee, or personnel of the Judiciary. The Judicial Integrity Board shall include its findings on said disciplinary action in the "Report" submitted to the Supreme Court pursuant to Sections 10 and 11 of this Rule.

The Supreme Court may, motu proprio or upon recommendation of the Judicial Integrity Board, order the preventive suspension of the respondent without pay and other monetary benefits for a period not exceeding ninety (90) calendar days, unless earlier lifted, or further extended by the Supreme Court for compelling reasons. Upon the lapse of the ninety (90)-calendar day period or any extended period of preventive suspension ordered by the Supreme Court, the respondent shall be automatically reinstated in the service, unless the delay in the disposition of the case is due to the fault or negligence of, or other causes attributable to, the respondent, in which case, the period of delay shall not be included in the counting of the period of preventive suspension. If the respondent is fully exonerated from any administrative liability, he or she may claim back salaries, allowances, and other economic benefits for the entire period that he or she was preventively suspended.

• The preventive suspension, among others, may be issued to enable the Judicial Integrity Board to conduct an unhampered formal investigation of the disciplinary action, prevent a crisis or disharmony in various courts, or shield the public from any further damages that the continued exercise by the respondent of the functions of his office may cause, or where there is a strong likelihood of his guilt or complicity in the offense charged, or protect the image of the courts as temples of justice.

• 1  When Hearings are not Required.

  Any disciplinary action against any of those mentioned in Section 1(1) hereof, which can already be resolved on the basis of the pleadings of the parties, or public or court records, and/or other documents or papers on record, shall be deemed submitted for the preparation and submission by the Judicial Integrity Board of its "Report" containing its findings of facts and recommendations to the Supreme Court within sixty (60) calendar days, or within such extended period granted by the Supreme Court not exceeding thirty (30) calendar days, from receipt of the said pleadings and/or records or documents. For guidance, the Judicial Integrity Board shall notify the parties that the case has been submitted for resolution without the need for any hearing.

• 2  When Hearings are Required.

  If based on the pleadings of the parties, there is a prima facie case against the respondent which requires actual hearings to resolve substantial factual issues raised, the Judicial Integrity Board shall set such hearings, with due notice thereof to the parties.

  • During such hearings, the parties may be heard by themselves and/or counsel. If after due notice, the complainant or respondent fails to appear, the investigation shall proceed ex parte. Furthermore, the parties may present documentary and/or object evidence, as well as testimonial evidence in the form of judicial affidavits to serve as the direct testimony of the parties and of their witnesses; after which, they may be cross-exarnined by the other party or parties, or through counsel, and may be examined by the Chairperson and members of the Judicial Integrity Board.

The Judicial Integrity Board shall have the power to administer oaths to the parties and their witnesses, and to issue subpoenas ad testificandum and duces tecum, conduct ocular inspections and take depositions of the complainant and/or witnesses in accordance with the Rules of Court. The failure or refusal to obey or comply with the subpoena ad testificandum and duces tecum issued by the Judicial Integrity Board shall be referred to the Supreme Court for contempt proceedings, which shall proceed independently from the administrative proceedings.

In addition to the circumstances stated in Section 2 (2) of this Rule, the investigation conducted by the Judicial Integrity Board of disciplinary actions shall not be interrupted or terminated by reason of the desistance of the complainant, settlement, compromises, restitution, withdrawal of the disciplinary action by the complainant; failure of the complainant to prosecute the same; or by the respondent having transferred his residence to a foreign country; or by the death of the complainant, subject to the exceptional circumstances as may be determined by the Judicial Integrity Board, conformably with case law.

The Judicial Integrity Board may delegate to the Office of the Court Administrator the disciplinary investigation of Judges involving less serious charges and light charges under Sections 15 and 16 of this Rule.

• The Judicial Integrity Board may also delegate the conduct of disciplinary investigations and hearings of administrative cases likewise involving less serious charges and light charges against court officials and employees to the appropriate Committees or Offices which have administrative control and/or supervision over their respective officials and employees, such as the following:

  • a

    Committee on Ethics in Special Concerns of the Court of Appeals, or Presiding Justice thereof, as provided for in the "Procedure in Administrative Cases" of the Court of Appeals;

  • b

    Committee on Ethics of the Sandiganbayan;

  • c

    Committee of the Court of Tax Appeals on Employee's Rules of Discipline;

  • d

    Office of the Court Administrator for the personnel of the Shari'ah High Court, as well as the personnel of the first and second level courts, including those of Shari'ah District and Circuit Courts; and

  • e

    Complaints and Investigation Division (CID) of the Office of Administrative Services for personnel of the Supreme Court and offices under its supervision, including those of the Office of the Court Administrator, the Judicial Integrity Board, the Philippine Judicial Academy, and all other offices created pursuant to law under the Supreme Court's supervision.

The Judicial Integrity Board shall terminate its investigation within ninety (90) calendar days from the date of the first hearing conducted, or within such extended period granted by the Supreme Court not exceeding thirty (30) calendar days. If the Judicial Integrity Board delegates the conduct of investigation to a Committee or Office as stated in Section 9 of this Rule, said Committee or Office shall terminate its investigation within sixty (60) calendar days from the date of delegation, or within any extended period granted by the Judicial Integrity Board not exceeding thirty (30) calendar days, and accordingly submit its "Report" to the latter.

Within sixty (60) calendar days from the termination of the investigation or within an extended period granted by the Supreme Court not exceeding thirty (30) calendar days, the Judicial Integrity Board shall submit to the Supreme Court its written "Report" thereon containing its findings of facts and recommendations.

• If the Judicial Integrity Board delegates the conduct of investigation to a Committee or Office pursuant to Section 9 of this Rule, and the said Committee or Office has already submitted its own "Report" to the Judicial Integrity Board, the latter shall submit its recommended action on said "Report" to the Supreme Court within thirty (30) calendar days from receipt thereof, or within an extended period granted by the Supreme Court not exceeding thirty (30) calendar days.

• All "Reports" for the discipline of all members, officials, employees, and personnel of the Judiciary shall, at all times, be confidential and shall be for the exclusive use of the Supreme Court. Any undue disclosure or tampering of records shall render the responsible party liable for contempt of court, in addition to other penalties/sanctions as may be provided by law.

The Supreme Court shall take such necessary action on the "Report" as may be warranted by the facts and the law, the Rules of Court, as well as the issuances of the Supreme Court and its Internal Rules.

• A copy of the Decision or Resolution of the Supreme Court shall be attached to the official records of the respondent whether in the Office of the Court Administrator, the Office of Administrative Services in the Supreme Court, or in other similar offices in other courts. If the respondent is a lawyer, such copy shall also be furnished to the Office of the Bar Confidant, Office of the Court Administrator, and the Integrated Bar of the Philippines.

Administrative charges are classified as serious, less serious, or light.

Serious charges include:

• a

  Gross misconduct constituting violations of the Code of Judicial Conduct or of the Code of Conduct for Court Personnel;

• a

  Bribery, direct and indirect, and violations of the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019);

• c

  Serious dishonesty;

• d

  Gross neglect of duty in the performance or non-performance of official functions;

• e

  Knowingly rendering an unjust judgment or order;

• f

  Commission of a crime involving moral turpitude;

• g

  Falsification of official documents, including making untruthful statements in the certificates of service;

• h

  Borrowing money or property from lawyers and/or litigants in a case pending before the court;

• i

  Gross immorality;

• j

  Gross ignorance of the law or procedure;

• k

  Partisan political activities;

• l

  Grave abuse of authority, and/or prejudicial conduct that gravely besmirches or taints the reputation of the service;

• m

  Sexual harassment;

• n

  Gross insubordination; and

• o

  Possession and/or use of illegal drugs or substances.

Less serious charges include:

• a

  Simple misconduct constituting violations of the Code of Judicial Conduct or of the Code of Conduct for Court Personnel;

• b

  Simple neglect of duty in the performance or non-performance of official functions;

• c

  Habitual absenteeism and/or tardiness;

• d

  Unauthorized practice of law;

• e

  Violation of Supreme Court rules, directives and circulars that establish an internal policy, rule of procedure, or protocol;

• f

  Receiving additional or double compensation unless specifically authorized by law; and

• g

  Simple dishonesty.

Light charges include:

• a

  Vulgar and unbecoming conduct;

• a

  Gambling in public;

• a

  Fraternizing with lawyers and litigants with pending case/cases in his or her court;

• a

  Undue delay in the submission of monthly reports; and

• a

  Willful failure to pay judgment debts or taxes due to the government.

• 1

  If the respondent is guilty of a serious charge, any of the following sanctions shall be imposed:

  • a

    Dismissal from service, forfeiture of all or part of the benefits as the Supreme Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or -controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;

  • b

    Suspension from office without salary and other benefits for more than six (6) months but not exceeding one (1) year; or

  • c

    A fine of more than P100,000.00 but not exceeding P200,000.00

• 2

  If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:

  • a

    Suspension from office without salary and other benefits for not less than one (1) month nor more than six (6) months; or

  • b

    A fine of more than ₱35,000.00 but not exceeding P100,000.00.

• 3

  If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:

  • a

    A fine of not less than ₱1,000.00 but not exceeding ₱35,000.00;

  • b

    Censure; or

  • c

    Reprimand.

If the respondent is found liable for an offense which merits the imposition of the penalty of dismissal from service but the same can no longer be imposed due to the respondent's supervening resignation, retirement, or other modes of separation from service except for death, he or she may be meted with the following penalties in lieu of dismissal:

• a

  Forfeiture of all or part of the benefits as the Supreme Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or -controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits; and/or

• b

  Fine as stated in Section 17 (1) (c) of this Rule.

In determining the appropriate penalty to be imposed, the Court may, in its discretion, appreciate the following mitigating and aggravating circumstances:

• 1  Mitigating circumstances
  • a

    First offense;

  • b

    Length of service of at least ten (10) years with no previous disciplinary record where respondent was meted with an administrative penalty;

  • c

    Exemplary performance;

  • d

    Humanitarian considerations; and

  • e

    Other analogous circumstances.

• 2  Aggravating Circumstances
  • a

    Finding of previous administrative liability where a penalty is imposed, regardless of nature and/or gravity;

  • b

    Length of service facilitated the commission of the offense;

  • c

    Employment of fraudulent means to conceal the offense; and

  • d

    Other analogous circumstances.

If one (1) or more aggravating circumstances and no mitigating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not exceeding double of the maximum prescribed under this Rule.

• If one (1) or more mitigating circumstances and no aggravating circumstances are present, the Supreme Court may impose the penalties of suspension or fine for a period or amount not less than half of the minimum prescribed under this Rule.

• If there are both aggravating and mitigating circumstances present, the Supreme Court may offset each other.

If the respondent is found liable for more than one (1) offense arising from separate acts or omissions in a single administrative proceeding, the Court shall impose separate penalties for each offense. Should the aggregate of the imposed penalties exceed five (5) years of suspension or P1,000,000.00 in fines, the respondent may, in the discretion of the Supreme Court, be meted with the penalty of dismissal from service, forfeiture of all or part of the benefits as may be determined, and disqualification from reinstatement or appointment to any public office, including government-owned or -controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits.

• On the other hand, if a single act/omission constitutes more than one (1) offense, the respondent shall still be found liable for all such offenses, but shall, nonetheless, only be meted with the appropriate penalty for the most serious offense.

When the penalty imposed is a fine, the respondent shall pay it within a period not exceeding three (3) months from the time the decision or resolution is promulgated. If unpaid, such amount may be deducted from the salaries and benefits, including accrued leave credits, due to the respondent. The deduction of unpaid fines from accrued leave credits, which is considered as a form of compensation, is not tantamount to the imposition of the accessory penalty of forfeiture covered under the provisions of this Rule.

Decisions or resolutions pronouncing the respondent's administrative liability are immediately executory in nature. The respondent, upon receipt of such decision or resolution, shall immediately serve the penalty indicated therein. In case of suspension, he or she shall formally manifest to the Court that his or her suspension has started within five (5) calendar days upon receipt of the decision or resolution.

• Upon completion of service of the penalty of suspension, the Presiding Justice, in case of the Court of Appeals, Sandiganbayan or the Court of Tax Appeals, or the Executive Judge where the respondent is assigned or stationed, in case of the first and second level courts, shall issue a certification that the penalty of suspension has been served by the respondent. The certification shall be submitted to the Supreme Court.

All the foregoing provisions shall be applied to all pending and future administrative cases involving the discipline of Members, officials, employees, and personnel of the Judiciary, without prejudice to the internal rules of the Committee on Ethics and Ethical Standards of the Supreme Court insofar as complaints against Members of the Supreme Court are concerned.

Any resolution, circular or administrative order issued by the Supreme Court inconsistent herewith is deemed modified or repealed.

These Rules shall take effect following their publication in the Official Gazette or in two newspapers of national circulation.

Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full.

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.

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 persons herein authorized to collect legal fees shall be accountable officers and shall be required to post bond in such amount as prescribed by the law.

• a

  For filing an action or proceeding with the Supreme Court, Court of Appeals and Sandiganbayan, for each action or proceeding including a petition or motion for intervention - ₱3,000.00

• b

  For filing an action or proceeding with the Court of Tax Appeals

  • 1

    For filing an action or proceeding, including petition for intervention, and for all services in the same, if the sum claimed or the amount of disputed tax or customs assessment, inclusive of interest, penalties and surcharges, damages of whatever kind and attorney's fees or value of the article of property in seizure cases, is:

    • A

      less than ₱50,000.00 - ₱750.00

    • B

      ₱50,000.00 or more but less than ₱200,000.00 - 1,000.00

    • C

      ₱200,000.00 or more but less than ₱400,000.00 - 1,500.00

    • D

      ₱400,000.00 or more but less than ₱600,000.00 - 2,500.00

    • E

      ₱600,000.00 or more but less than ₱800,000.00 - 4,000.00

    • F

      ₱800,000.00 or more but less than ₱1,000,000.00 - 5,000.00

    • G

      ₱1,000,000.00 or more but less than - ₱7,500,000.00; on the first ₱1,000,000.00, the fee shall be ₱5,000.00 and for each ₱1,000.00 in excess of ₱1,000,000.00 but not more than ₱7,500,000.00 - 7.00

    • H

      ₱7,500,000.00 or more on the first ₱7,500,000.00, the fee shall be ₱50,500.00 and for each ₱1,000.00 in excess of ₱7,500,000.00 - 10.00, provided that for assessments beyond ₱50 million, the filing fee for the excess shall be the equivalent of one-half (1/2) of one (1%) per centum

    • I

      When the value of the subject matter cannot be estimated - 5,000.00

  • 2

    For filing a petition for review from a decision of the Regional Trial Court or of the Central Board of Assessment Appeals or a special civil action with the CTA or an appeal from a decision of a CTA division to the CTA En Banc - three Thousand (₱3,000.00) pesos

• c

  For the performance of marriage ceremony, including issuance of certificate of marriage - three Thousand (₱3,000.00) pesos

• d

  For the certified copies of any record, judgment or entry thereof for each page - ten (₱10.00) pesos and for any certification - one hundred (₱100.00) pesos.

• e

  For every search fee of archived cases or these above a year's standing and reading the same - one hundred (₱100.00) pesos

• f

  For filing a motion for special raffle - five hundred (₱500.00) pesos

• g

  For filing a motion for extension to file a pleading when allowed by the rules - three hundred (₱300.00) pesos

• h

  For filing a motion for postponement - five hundred (₱500.00) pesos

• i

  For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under rules 57, 58, 59, 60 and 61 like temporary restraining order (TRO), writ of preliminary injunction and others - one Thousand (₱1,000.00) pesos

• j

  For personal service of writs, orders and decisions outside metro manila - one Thousand (₱1,000.00) pesos

• k

  For personal remand of records to the lower courts - five hundred (₱500.00) pesos

• l

  For processing of travel permit - one Thousand (₱1,000.00) pesos

• m

  For a commission on all money coming into his hands by these rules, order or writ of the court and caring for the same - two (2%) per centum on all sums not exceeding Forty Thousand (₱40,000.00) pesos and one and a half (1 1/2%) per centum on all sums in excess of Forty Thousand (₱40,000.00) pesos.

The fees of the clerk of the Court of Appeals, Sandiganbayan and Court of Tax Appeals or of the Supreme Court shall be paid to him at the same time of the entry of the action or proceeding in the court by the party who enters the same. 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 the 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 action or proceedings.

• a

  For filing the application for admission to the bar, whether admitted to the examination or not, Two THOUSAND AND Two Hundred Fifty (₱2,250.00) Pesos for new applicants, and for repeaters, plus the additional amount of Two Hundred (₱200.00) Pesos multiplied by the number of times the applicants 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, Two THOUSAND AND Two Hundred Fifty (₱2,250.00) Pesos;

• c  Other Bar Fees.

  For the issuance of:

  • 1

    Certification of admission to the Philippine Bar - ₱100.00

  • 2

    Certificate of good standing (local) - ₱100.00

  • 3

    Certificate of good standing (foreign) - ₱500.00

  • 4

    Verification of membership in the bar - ₱100.00

  • 5

    Certificate of grades in the bar examinations - ₱100.00

  • 6

    Other certification of records at the Bar Office, per page - ₱50.00

  • 7

    A duplicate diploma of admission to the Philippine Bar - ₱500.00

  • For services in connection with the return of examination notebooks to examinees, a fee of One Hundred (₱100.00) Pesos shall also be charged.

• a

  For filing an action or a permissive or compulsory counter-claim, cross-claim, or money claim against an estate not based on judgment, or for filing a third-party, fourth-party, etc. complaint, or a complaint-in-intervention, if the total sum claimed, inclusive of interests, penalties, surcharges, damages of whatever kind, and attorney's fees, litigation expenses and costs and/or in cases involving property, the fair market value of the real property in litigation stated in the current tax declaration or current zonal valuation of the Bureau of Internal Revenue, whichever is higher, or if there is none, the stated value of the property in litigation or the value of the personal property in litigation as alleged by the claimant, is:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Less than ₱100,000.00 | ₱625.00 | ₱750.00 | ₱875.00 | ₱1,000.00 2. ₱100,000.00 or more but less than ₱150,000.00 | 1,000.00 | 1,200.00 | 1,400.00 | 1,600.00 3. ₱150,000.00 or more but less than ₱200,000.00 | 1,250.00 | 1,500.00 | 1,750.00 | 2,000.00 4. ₱200,000.00 or more less than ₱250,000.00 | 1,875.00 | 2,250.00 | 2,625.00 | 3,000.00 5. ₱250,000.00 or more but less than ₱300,000.00 | 2,190.00 | 2,630.00 | 3,070.00 | 3,500.00 6. ₱300,000.00 or more but less than ₱350,000.00 | 2,500.00 | 3,000.00 | 3,500.00 | 4,000.00 7. ₱350,000.00 or more but not than ₱400,000.00 | 2,820.00 | 3,380.00 | 4,000.00 | 4,500.00 8. For each ₱1,000.00 in excess of ₱400,000.00 | 12.50 | 15.00 | 17.50 | 20.00

  • If the action involves both a money claim and relief pertaining to property, then the fees will be charged on both the amounts claimed and value of property based on the formula prescribed in this paragraph a.

• b

  For filing:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Actions where the value of the subject matter cannot be estimated | ₱750.00 | ₱1,000.00 | ₱1,500.00 | ₱2,000.00 2. Special civil actions, except judicial foreclosure of mortgage, expropriation proceedings, partition and quieting of title which shall be governed by paragraph (a) above | 750.00 | 1,000.00 | 1,500.00 | 2,000.00 3. All other actions not involving property | 750.00 | 1,000.00 | 1,500.00 | 2,000.00

• c

  For filing requests for extrajudicial foreclosure of real estate or chattel mortgage by the sheriff or notary public, if the amount of the indebtedness, or the mortgagee's claim is:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006** -- | -- | -- | -- | -- 1. Less than ₱50,000.00 | ₱350.00 | ₱420.00 | ₱490.00 | ₱550.00 2. ₱50,000.00 or more but less than ₱100,000.00 | 500.00 | 600.00 | 700.00 | 800.00 3. ₱100,000.00 or more but less than ₱150,000.00 | 625.00 | 750.00 | 875.00 | 1,000.00 4. ₱150,000.00 or more but less than ₱200,000.00 | 820.00 | 975.00 | 1,140.00 | 1,300.00 5. ₱200,000.00 or more but less than ₱250,000.00 | 1,250.00 | 1,500.00 | 1,750.00 | 2,000.00 6. ₱250,000.00 or more but less than ₱300,000.00 | 1,570.00 | 1,875.00 | 2,190.00 | 2,500.00 7. ₱300,000.00 or more but not more than ₱400,000.00 | 1,875.00 | 2,250.00 | 2,625.00 | 3,000.00 8. ₱400,000.00 or more but less than ₱500,000.00 | 2,190.00 | 2,630.00 | 3,070.00 | 3,500.00 9. ₱500,000.00 or more but not more than ₱1,000,000.00 | 2,500.00 | 3,000.00 | 3,500.00 | 4,000.00 10. For each ₱1,000.00 in excess of ₱1,000,000.00 | 12.50 | 15.00 | 17.50 | 20.00

  • The proposed rates be 25% of the pre-2004 legal fees composed of the Judiciary Development Fund and the original fees. ** The proposed rates correspond to the sum of the current amounts accruing to the general fund and the Judiciary Development Fund; and 50% thereof effective from 2004 up to Nov. 10, 2005. *** The proposed rates for the period from Nov. 11, 2005 to Nov. 10, 2006 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 75% thereof. **** The proposed rates for the period from Nov. 11, 2006 to Nov. 10, 2007 correspond to the sum of the pre-2004 amounts accruing to the general fund and the Judiciary Development Fund; and 100% thereof.
• 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:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Not more than ₱100,000.00 | ₱2,000.00 | ₱2,500.00 | ₱3,000.00 | ₱3,500.00 2.. More than ₱100,000.00 but less than ₱150,000.00 | 2,500.00 | 3,000.00 | 3,500.00 | 4,000.00 3. ₱150,000.00 or more but less than ₱200,000.00 | 2,820.00 | 3,400.00 | 4,100.00 | 4,700.00 4. ₱200,000.00 or more but less than ₱250,000.00 | 3,125.00 | 3,750.00 | 4,375.00 | 5,000.00 5. ₱250,000.00 or more but less than ₱300,000.00 | 3,440.00 | 4,125.00 | 4,820.00 | 5,500.00 6. ₱300,000.00 or more but less than ₱350,000.00 | 3,750.00 | 4,500.00 | 5,250.00 | 6,000.00 7. ₱350,000.00 or more but not more than ₱400,000.00 | 4,070.00 | 4,875.00 | 5,690.00 | 6,500.00 8. For each ₱1,000.00 in excess of ₱400,000.00 | 12.50 | 15.00 | 17.50 | 20.00

  • If the value of the estate as definitely appraised by the court is more than the value declared in the applications, the fees on the difference shall be paid: Provided, HOWEVER, that a certificate from the clerk of court that the proper fees had been paid shall be required prior to the closure of the proceedings. HSCcTD

• e

  For filing petitions for naturalization or other modes of acquisition of citizenship, Ten Thousand (₱10,000.00) Pesos;

• f

  For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Domestic Adoption Act of 1998, the Inter-Country Adoption Act of 1995 and the Family Code, as follows:

  • 1

    when petitioner for adoption is a Filipino citizen, two Thousand (₱2,000.00) pesos;

  • 2

    when petitioner for adoption is a foreign national, ten Thousand (₱10,000.00) pesos;

  • 3

    support, five hundred (₱500.00) pesos;

  • 4

    annulment of marriage, declaration of nullity of marriage, or legal separation, three Thousand (₱3,000.00) pesos; and

  • 5

    custody of minors, one Thousand (₱1,000.00) pesos;

  • If the proceedings involve separation of property, an additional fee corresponding to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings. (Letter d of this section)

• g

  For all other special proceedings not concerning property, Five Hundred (₱500.00) Pesos;

• h

  For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, Two Thousand (₱2,000.00) Pesos in cities and One Thousand (₱1,000.00) Pesos in other areas;

• i

  For filing an application for commission as notary public, Two Thousand (₱2,000.00) Pesos;

• j

  For certified copies of any paper, record, decree, judgment or entry thereof for each page, ten (₱10.00) pesos;

• k

  For a commission on all money (excluding cash bond) coming into the clerk's hands by law, rule, order or writ of court, two (2%) per centum on all sums not exceeding Forty Thousand (₱40,000.00) pesos, and one and a half (1.5%) per centum on all sums in excess of Forty Thousand (₱40,000.00) pesos;

• l

  For appeals from Regional Trial Courts to Court Of Appeals, Sandiganbayan, or Supreme Court - three Thousand (₱3,000.00) pesos;

• m

  For filing a motion for or asking in the prayer of the pleading the issuance of provisional remedies under rule 57, 58, 59, 60 and 61 like temporary restraining order (tro), writ of preliminary injunction or attachment and others - an additional five hundred (₱500.00) pesos shall be collected;

• n

  For clearances and certifications issued - fifty (₱50.00) pesos;

• o

  For services performed as ex-officio notary public - two hundred (₱200.00) pesos;

• p

  For any other services as clerk not provided in this section. Two Hundred (₱200.00) Pesos shall be collected.

• a

  For each civil action or proceeding where the value of the subject matter involved, or the amount of the demand, inclusive of interests, PENALTIES, SURCHARGES, damages of whatever kind, attorney's fees, litigation expenses and costs is:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Not more than ₱20,000.00 | ₱190.00 | ₱225.00 | ₱270.00 | ₱300.00 2. More than ₱20,000.00 but not more than ₱100,000.00 | 625.00 | 750.00 | 875.00 | 1,000.00 3. More than ₱100,000.00 but not more than ₱200,000.00 | 1,570.00 | 1,875.00 | 2,190.00 | 2,500.00 4. More than ₱200,000.00 but not more than ₱300,000.00 | 2,190.00 | 2,630.00 | 3,070.00 | 3,500.00 5. More than ₱300,000.00 but not more than ₱400,000.00 | 3,125.00 | 3,750.00 | 4,375.00 | 5,000.00

  • In a real action, other than for forcible entry and unlawful detainer, the FAIR MARKET value of the property STATED IN THE CURRENT TAX DECLARATION OR CURRENT ZONAL VALUATION OF THE BUREAU OF INTERNAL REVENUE or, if not declared for taxation purposes, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.

• b

  For initiating proceedings for the allowance of wills, granting the letters of administration and settlement of estates of small value, where the value of the estate is:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Not more than ₱20,000.00 | ₱320.00 \t| ₱375.00 | ₱440.00 | ₱500.00 2. More than ₱20,000.00 but not more than ₱100,000.00 | 1,690.00 | 2,025.00 | 2,370.00 | 2,700.00 | 3. More than ₱100,000.00 but not more than ₱200,000.00 | 2,500.00 | 3,000.00 | 3,500.00 | 4,000.00 | 4. For each proceeding other than the allowance of wills (probate) granting of the letter of administration, settlement of estates of small value | 250.00 | 300.00 | 350.00 | 400.00 |

• c

  For forcible entry and unlawful detainer cases WHERE NO DAMAGES/COSTS ARE PRAYED FOR, FIVE Hundred (₱500.00) Pesos; and

  • In cases where interests, penalties, surcharges, damages of whatever kind, and attorney's fees are prayed for, an amount equivalent to that indicated in the schedule of payments under subsection (a) of this section shall be collected, in addition to the amount of five hundred (₱500.00) pesos provided for in this subsection.

• d

  For all other actions not covered by preceding paragraphs:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | --   | 400.00 | ₱500.00 | ₱600.00 | ₱700.00

• e

  For filing a motion or asking in the prayer of the pleading the issuance of provisional remedies under rules 57, 58, 59, 60 and 61 like temporary restraining order (tro), writ of preliminary injunction or attachment, an additional two hundred (₱250.00) pesos shall be collected;

• f

  For appeals in all actions or proceedings, including forcible entry and detainer cases, taken from the courts of first level and petitions to the 2nd level courts - One Thousand (₱1,000.00) Pesos;

• g

  For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, Two THOUSAND (₱2,000.00) Pesos in cities and One Thousand (₱1,000.00) Pesos in other areas;

• h

  For taking affidavit, One Hundred (₱100.00) Pesos;

• i

  For taking acknowledgement, Two Hundred (₱200.00) Pesos;

• j

  For taking and certifying depositions, including oaths, per page, TWENTY (₱20.00) Pesos;

• k

  For certified copies of any paper, record, decree, judgment or entry thereof for each page, Ten (₱10.00) Pesos;

• l

  For stamping and registering books as required by Articles Nineteen and Thirty-Six of the Code of Commerce, each book, Fifty (₱50.00) pesos;

• m

  For services performed as ex-officio notary public - One Hundred (₱100.00) Pesos;

• n

  For a commission on all money (excluding cash bond) coming into the clerk's hands by law, rule, order or writ of court, two (2%) per centum on all sums not exceeding Forty Thousand (₱40,000.00) pesos, and one and a half (1.5%) per centum on all sums in excess of Forty Thousand (₱40,000.00) pesos;

• o

  For clearances and certifications issued - Fifty (₱50.00) Pesos;

• p

  For any other services as clerk not provided in this section, One Hundred (₱100.00) pesos shall be collected.

• a  Trial Courts

  The Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE Hundred Pesos (₱500.00) (1) upon the filing of a Complaint or an Answer with a mediatable permissive or compulsory counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc. in civil cases, a Petition, an Opposition and a Creditors' Claim in Special Proceedings; (2) upon the filing of a Complaint/Information for offenses covered by the Katarungang Pambarangay Law, violation of B.P. Blg. 22, estafa and libel cases where damages are sought; and (3) upon the filing of a Complaint/Information for quasi-offenses under Title 14 of the Revised Penal Code.

  • The Clerks of Court of the First Level Courts shall collect the amount of FIVE Hundred Pesos (₱500.00) upon the filing of a Notice of Appeal to the Regional Trial Court.

  • The Clerks of Court of the Regional Trial Court shall collect the amount of One Thousand Pesos (₱1,000.00) upon the filing of a Notice of Appeal to the Court of Appeals or the Sandiganbayan.

• b  Court of Appeals, Sandiganbayan and Court of Tax Appeals

  The Clerks of Court of the Court of Appeals, Sandiganbayan and Court of Tax Appeals shall collect the amount of One Thousand Pesos (₱1,000.00) upon the filing of a mediatable case, petition, special civil action, a comment/answer to the petition or action and the appellee's brief. The Clerk of Court of the Court of Tax Appeals shall also collect the amount of One Thousand Pesos (₱1,000.00) for the appeals from the decision of a CTA Division to the CTA En Banc.

  • Provided that in all cases, a pauper litigant shall be exempt from contributing to the Mediation Fund. Despite such exemption, the court shall provide that the unpaid contribution to the Mediation Fund shall be considered a lien on any monetary award in a judgment favorable to the pauper litigant.

  • And provided further, that an accused-appellant shall also be exempt from contributing to the Mediation Fund.

• The amount collected shall be receipted and separated as part of a special fund to be known as the "Mediation Fund" and shall accrue to the SC-PHILJA-PMC Fund, disbursements from which are and shall be pursuant to guidelines approved by the Supreme Court.

• The Fund shall be utilized for the promotion of court-annexed mediation and other relevant modes of alternative dispute resolution (ADR), training of mediators, payment of mediator's fees, and operating expenses of the Philippine Mediation Center (PMC) units including expenses for technical assistance and organizations/individuals, transportation/communication expenses, photocopying, supplies and equipment, expense allowance and miscellaneous expenses, whenever necessary, subject to auditing rules and regulations. In view thereof, the mediation fees shall not form part of the Judiciary Development Fund (JDF) under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.

• a

  For serving summons and copy of complaint, for each defendant, Two Hundred (₱200.00) Pesos;

• b

  For serving subpoenas in civil action or OTHER proceedings, for each witness to be served, One Hundred (₱100.00) Pesos;

• c

  For executing a writ of attachment against the property of defendant, FIVE Hundred (₱500.00) Pesos per defendant;

• d

  For serving and implementing a temporary restraining order, or writ of injunction, preliminary or final, of any court, THREE Hundred (₱300.00) Pesos per defendant;

• e

  For executing a writ of replevin, FIVE Hundred (₱500.00) Pesos;

• f

  For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, One Hundred (₱100.00) Pesos;

• g

  For executing a writ or process to place a party in possession of real property or estates, three hundred (₱300.00) pesos per property;

• h

  for services relating to the posting and publication requirements under Rule 39 (Execution, Satisfaction and Effect of judgments) and in extrajudicial foreclosure of mortgage by sheriff or notary public besides the cost of publication, one hundred and fifty (₱150.00) pesos;

• i

  For taking inventory of goods levied upon when the inventory is ordered by the court, THREE Hundred (₱300.00) Pesos per day or actual inventory;

• j

  For levying on execution on personal or real property, THREE Hundred (₱300.00) Pesos;

• k

  For issuing a notice of garnishment, for each notice, One Hundred (₱100.00) Pesos;

• l

  For money collected by him actual or constructive (when highest bidder is the mortgagee and there is no actual collection of money) by order, execution, attachment, or any other process, judicial or extrajudicial which shall immediately be turned over to the clerk of court, the following sums shall be paid to the clerk of court to wit:

  • 1

    On the first FOUR THOUSAND (₱4,000.00) Pesos, FIVE AND A HALF (5.5%) per centum;

  • 2

    On all sums in excess of FOUR THOUSAND (₱4,000.00) Pesos, THREE (3%) per centum;

• In addition to the fees hereinabove fixed, the amount of one thousand (₱1,000.00) pesos shall be deposited with the clerk of court upon filing of the complaint to defray the actual travel expenses of the sheriff, process server or other court-authorized persons in the service of summons, subpoena and other court processes that would be issued relative to the trial of the case. in case the initial deposit of one thousand (₱1,000.00) pesos is not sufficient, then the plaintiff or petitioner shall be required to make an additional deposit. the sheriff, process server or other court authorized person shall submit to the court for its approval a statement of the estimated travel expenses for service of summons and court processes. once approved, the clerk of court shall release the money to said sheriff or process server. after service, a statement of liquidation shall be submitted to the court for approval. after rendition of judgment by the court, any excess from the deposit shall be returned to the party who made the deposit.

• In case a request to serve the summons and other processes is made to the clerk of court and ex-officio sheriff who has jurisdiction over the place where the defendant or the person subject of the process resides, a reasonable amount shall be withdrawn from said deposit by the clerk of the court issuing the process for the purchase of a postal money order to cover the actual expenses of the serving sheriff.

• With regard to sheriff's expenses in executing writs issued pursuant to court orders or decisions or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, the interested party shall pay said expenses in an amount estimated by the sheriff, subject to the approval of the court. Upon 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. THE LIQUIDATION SHALL BE APPROVED BY THE COURT. 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.

Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment to the Clerk of Court of (a) TEN (₱10.00) Pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) FIVE (₱5.00) Pesos for the same page, after the filing of the appeal, provided, however, that one-third (1/3) of the total charges shall accrue to the Judiciary Development Fund (JDF) and the remaining two-thirds (2/3) to the stenographer concerned.

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, One Hundred (₱100.00) Pesos;

• b

  For the registration of such protest and filing or safekeeping of the same, One Hundred (₱100.00) Pesos;

• c

  For authenticating powers of attorney, One Hundred (₱100.00) Pesos;

• d

  For sworn statement concerning correctness of any account or other document, One Hundred (₱100.00) Pesos;

• e

  For each oath of affirmation, One Hundred (₱100.00) Pesos;

• f

  For receiving evidence of indebtedness to be sent outside, One Hundred (₱100.00) Pesos;

• g

  For issuing a certified copy of all or part of his notarial register or notarial records, for each page, One Hundred (₱100.00) Pesos;

• h

  For taking depositions, for each page, One Hundred (₱100.00) Pesos; and

• i

  For acknowledging other documents not enumerated in this section, One Hundred (₱100.00) Pesos.

Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions.

• a

  Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts and in the 1st level courts, either in actions or special proceedings, shall be entitled to Two Hundred (₱200.00) Pesos per day, inclusive of all expenses;

• b

  Fees to which witnesses may be entitled in a civil action shall be allowed on the certification of the clerk of court or judge of his appearance in the case. 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, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as a witness.

Appraisers appointed to appraise the estate of a ward of a deceased person shall each receive a compensation to be fixed by the court of NOT LESS THAN THREE Hundred (₱300.00) Pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary traveling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate.

The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation to be fixed by the court of NOT LESS THAN THREE Hundred (₱300.00) 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.

The commissioners appointed to make partition of real estate shall each receive a compensation to be fixed by the court of NOT LESS THAN THREE Hundred (₱300.00) 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.

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 have 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 to the fees of the clerk of court in inspection of auditing officer and other interested therein.

Indigent litigants (a) whose gross income and that of their immediate family do not exceed an amount double the monthly minimum wage of an employee and (b) who do not own real property with a fair market value as stated in the current tax declaration of more than three hundred thousand (₱300,000.00) pesos shall be exempt from the payment of legal fees.

• The legal fees shall be a lien on any judgment rendered in the case favorable 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 fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit. The current tax declaration, if any, shall be attached to the litigant's affidavit.

• Any falsity in the affidavit of litigant or disinterested person shall be sufficient cause to dismiss the complaint or action or to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred.

In addition to the fees imposed in the preceding sections, a victim-compensation fee of FIVE (₱5.00) 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 of the Revised Rule of Criminal Procedure where filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)

The following fees shall also be collected by the clerks of the 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 separately prosecuted

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Less than ₱100,000.00 \t₱625.00 | ₱750.00 | ₱875.00 | ₱1,000.00 | 2. ₱100,000.00 or more but less than ₱150,000.00 | 1,000.00 | 1,200.00 | 1,400.00 | 1,600.00 3. ₱150,000.00 or more but less than ₱200,000.00 | 1,250.00 | 1,500.00 | 1,750.00 | 2,000.00 4. ₱200,000.00 or more but less than ₱250,000.00 | 1,875.00 | 2,250.00 | 2,625.00 | 3,000.00 5. ₱250,000.00 or more but less than ₱300,000.00 | 2,190.00 | 2,630.00 | 3,070.00 | 3,500.00 6. ₱300,000.00 or more but less than ₱350,000.00 | 2,500.00 | 3,000.00 | 3,500.00 | 4,000.00 7. ₱350,000.00 or more but not more than ₱400,000.00 | 2,820.00 | 3,400.00 | 4,100.00 | 4,700.00 8. For each ₱1,000.00 in excess of ₱400,000.00 | 12.50 | 15.00 | 17.50 | 20.00

• b

  For motions for postponement (whether verbal or written) after completion of the pre-trial stage, Two Hundred (₱200.00) Pesos for the first, and an additional Fifty (₱50.00) Pesos for every motion for postponement thereafter based on that for the immediately preceding motion. For any other motion, Two Hundred (₱200.00) Pesos;

• c

  for all types OF bonds (cash, surety and property) in criminal and civil cases, FIVE Hundred (₱500.00) Pesos per each bond;

• d

  For entries of certificates of sale and final deeds of sale in extra judicial foreclosures of mortgages, FIVE Hundred (₱500.00) Pesos;

• e

  For reception of evidence by the clerk of court, five Hundred (₱500.00) Pesos;

• f

  For applications for accreditation of newspapers and periodicals seeking to publish judicial and legal notices and other similar announcements, five thousand (₱5,000.00) pesos; for appeals from decisions of executive judge - one thousand (₱1,000.00) pesos; and for filing an action for revocations or suspension of accreditation - one thousand (₱1,000.00) pesos;

• g

  For election contests including election protests, counter-protests, protests-in-intervention and quo warranto proceedings involving municipal offices - three thousand (₱3,000.00) pesos; and barangay offices - one thousand five hundred (₱1,500.00) pesos. in addition, the filing fees prescribed by the COMELEC Rules of Procedures for these actions shall also be collected and indicated in the receipt.

• h

  For petitions for inclusion, exclusion or correction of names of voters, one hundred (₱100.00) pesos;

• i

  For petitions for rehabilitation, under the Interim Rules of Procedure on Corporate Rehabilitation, the fees payable shall be based on the value of the assets of, or amount of monetary claims against, the debtor, whichever is higher, which must be declared in the Petition, as follows:

    | From effectivity to Nov. 10, 2004 | Nov. 11, 2004 to Nov. 10, 2005 | Nov. 11, 2005 to Nov. 10 2006 | Effective Nov. 11, 2006 -- | -- | -- | -- | -- 1. Less than ₱10,000,000.00 | ₱12,500.00 | ₱15,000.00 | ₱17,500.00 | ₱20,000.00 2. ₱10,000,000.00 or more but less than ₱20,000,000.00 | 25,000.00 | 30,000.00 | 35.000.00 | 40,000.00 3. ₱20,000,000.00 or more but less than ₱30,000,000.00 | 37,500.00 | 45,000.00 | 52,500.00 | 60,000.00 4. ₱30,000,000.00 or more but | 50,000.00 | 60,000.00 | 70,000.00 | 80,000.00 5. ₱40,000,000.00 or more but | 62,500.00 | 75,000.00 | 87,500.00 | 100,000.00 6. ₱50,000,000.00 or more but less than ₱60,000,000.00 | 75,000.00 | 90,000.00 | 105,000.00 | 120,000.00 7. ₱60,000,000.00 or more but not more than ₱70,000,000.00 | 87,500.00 | 105,000.00 | 122,500.00 | 140,000.00 8. ₱70,000,000.00 or more but less than ₱80,000,000.00 | 100,000.00 | 120,000.00 | 140,000.00 | 160,000.00 9. ₱80,000,000.00 or more but less than ₱90,000,000.00 | 112,500.00 | 135,000.00 | 157,500.00 | 180,000.00 10. ₱90,000,000.00 or more but less than ₱100,000,000.00 | 125,000.00 | 150,000.00 | 175,000.00 | 200,000.00 11. For each ₱10,000.00 in excess of ₱100,000,000.00 | 12.50 | 15.00 | 17.50 | 20.00

  • The value of the assets shall be based on the fair market value of the real properties of the petitioner stated in the tax declaration or the zonal value thereof fixed by the Bureau of Internal Revenue whichever is higher or if there is none, the stated value of the assets in the petition. In case of personal property, the value shall be stated by the petitioner in the petition.

  • If during trial, the court finds that the value of the assets is more or the monetary claims are higher than the amounts stated in the complaint or petition, then it shall order the payment of additional fees based thereon.

• j

  For petitions for the compulsory confinement of a drug dependent under section 61 of the "Comprehensive Dangerous Drugs Act of 2002", three hundred (₱300.00) pesos;

• k

  For petitions for insolvency or other cases involving intra-corporate controversies, the fees prescribed under letter a, section 7 shall apply.

The Republic of the Philippines, its agencies and instrumentalities are exempt from paying the legal fees provided in the rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees.

• However, all court actions, criminal or civil, instituted at the instance of the provincial, city or municipal treasurer or assessor under Sec. 280 of the Local Government Code of 1991 shall be exempt from the payment of court and sheriff's fees. (page 211 of the Manual for Clerks of Court)

Unless otherwise provided in these rules, costs 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.

If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for costs, as justice may require.

Where an action or an appeal is found to be frivolous, double or treble costs may be imposed on the plaintiff or appellant, which shall be paid by his attorney, if so ordered by the court.

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.

When the record contains any unnecessary, irrelevant, or immaterial matter, the party at 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.

No attorney's fees shall be taxed as costs against the adverse party, except 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.

If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs 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 costs may be allowed.

In inferior courts, the costs shall be taxed by the justice of the peace or municipal judge and included in the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five days written notice given by the prevailing party to the adverse party. With this notice shall be served a statement of the items of costs 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.

In an action or proceeding pending before a justice of the peace or municipal judge, the prevailing party may recover the following costs, 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.

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.

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 s me;

• 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 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 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.

If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the costs 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.

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.

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.

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.