LEGAL ETHICS

Rules of Court, Part V

The first comprehensive Rules of Court was effective July 01, 1940 in the Commonwealth period.
The first Rules of Court under the independent Philippines was promulgated in 1964 (eff. January 01, 1964).

RULE 135 POWERS AND DUTIES OF COURTS AND JUDICIAL OFFICERS

§1. Courts always open; justice to be promptly and impartially administered.

Courts of justice shall always be open, except on legal holidays, for the filing of 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.

§2. Publicity of proceedings and records.

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.

§3. Process of superior courts enforced throughout the Philippines.

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.

§4. Process of inferior courts.

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 compromised 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 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 interest of justice require such service.

§5. Inherent powers of court.

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.

§6. Means to carry jurisdiction into effect.

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 comfortable to the spirit of the said law or rules.

§7. Trials and hearings; orders in chambers.

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 proceeding may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials.

§8. Interlocutory orders out of province.

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.

§9. Signing judgments out of province.

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 to another court of equal jurisdiction.

RULE 136 COURT RECORD AND GENERAL DUTIES OF CLERK AND STENOGRAPHERS

As amended by Resolution d. Nov. 10, 1967.

§1. Arms and great seal of court.

The arms and great seal of the Supreme Court are these:

Arms — Paleways of two pieces azure and gules superimposed a balance or center with two tablets containing the commandments of God or on either side; a chief argent with three mullets or equidistant from each other; in point of honor, avoid argent over all the sun rayonnant or with eight major and minor rays.

The great seal of the Supreme Court shall be circular in form, with the arms as described in the last preceding paragraph and a scroll argent with the following inscriptions: Lex *Populusque, and surrounding the whole a garland of laurel leaves; in or around the garland the text “Supreme Court, Republic of the Philippines.”

The arms and the seal of the Court of Appeals shall be the same as that of the Supreme Court with the only difference that in the seal shall bear around the garland and text “Court of Appeals, Republic of the Philippines.”

The arms and the seal of the Court of First Instance shall be the same as that of the Supreme Court with the only difference that in the seal shall bear around the garland and text “Court of First Instance, the name of the province, Republic of the Philippines.”

§2. Style of process.

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

§3. Clerk’s office.

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.

§4. Issuance by clerk of process.

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.

§5. Duties of the clerk in the absence or by direction of the judge.

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 follows 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 guardianship, 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.

§6. Clerk shall receive papers and prepare minutes.

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 enter its proceedings for each day in a minute book to be kept by him.

§7. Safekeeping of property.

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.

§8. General docket.

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 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.

§9. Judgment and entries book.

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.

§10. Execution book.

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.

§11. Certified copies.

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.

§12. Other books and duties.

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

§13. Index; separating cases.

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.

§14. Taking of record from the clerk’s office.

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, the attorneys de oficio shall be permitted, proper receipt, to withdraw from the clerk’s office the record of any cases in which they are interested.

§15. Unprinted papers.

All unprinted documents presented to the superior courts of the Philippines shall be written on paper of good quality twelve and three inches in length by eight and one-half inches in width, leaving a margin at the top and 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 papers 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.

§16. Printed papers.

All papers required by these rules to be printed shall be printed with blank 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.

§17. Stenographer.

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 initiated 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.

§18. Docket and other records of interior courts.

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

(a) The title of the case including the names of all the parties;
(b) The nature of the case, whether civil or criminal, and if the latter, the offense charged;
(c) The date of issuing preliminary and intermediate process including orders of arrest and subpoenas, and the date and nature of the return thereon;
(d) The date of the appearance or default of the defendant;
(e) The date of presenting the plea, answer, or motion to quash, and the nature of the same;
(f) The minutes of the trial, including the date thereof and of all adjournments;
(g) The names and addresses of all witnesses;
(h) The date and nature of the judgment, and, in a civil case, the relief granted;
(i) An itemized statement of the coast;
(j) The date of any execution issued, and the date and contents of the return thereon;
(k) 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 be necessary for the justice of peace or municipal judge to reduce writing the testimony of witnesses, except that of the accused in preliminary investigations.

§19. Entry on docket of interior courts.

Each justice of the peace or municipal judge shall, at the beginning and in from 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.

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	Witness my signature,



	______________
	Justice of Peace (or Municipal Judge)

RULE 137 DISQUALIFICATION OF JUDICIAL OFFICERS

§1. Disqualification of judges.

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 been 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.

§2. Objection that judge disqualified, how made and effect.

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.

RULE 138 ATTORNEYS AND ADMISSION TO BAR

As amended by AM 24-10-05-SC (app. August 12, 2025), which makes no mention of Resolutions d. May 20, 1968 and Febuary 13, 1992 that amended the original Rule 138.

§1. Who may be admitted to the bar and practice law.

No person shall be admitted to the bar who has not passed the bar examinations to be administered by the Supreme Court as provided in this Rule.

The Supreme Court may require additional qualifications for the practice of law before it, or before any court with special jurisdiction.

Any person who is duly admitted as a member of the bar in accordance with the provisions of the Constitution and the Rules of Court, and who remains in good and regular standing under the Code of Professional Responsibility and Accountability, may practice law.

Notwithstanding the foregoing, the Supreme Court may allow other persons who are not members of the Philippine bar to practice law in a limited capacity.

§2. Essential requirements for all applicants for admission to the bar.

Every applicant for admission as a member of the bar must be a citizen of the Philippines, of legal age, and must produce, before the Supreme Court, satisfactory evidence of good moral character, and that no charges involving moral turpitude have been decided with finality against the applicant in any court or tribunal in the Philippines or other jurisdiction.

An applicant must disclose any pending charges involving moral turpitude at the time of application. Such an applicant may conditionally take the examinations.

In the Supreme Court’s assessment and sole discretion, considering the gravity of the claim or offense charged, any prior cases filed against the applicant, and similar reasons, the Supreme Court may defer the oath-taking of the concerned applicant, or impose any other preventive measures, as warranted.

§3. Academic requirements of all applicants to take the bar examinations.

(a) The applicant shall submit a verified certificate of completion of all the requirements of the law degree to be issued by a government-recognized law school where the applicant graduated. Prior to taking the lawyer’s oath and after passing the bar examinations, the applicant shall also submit the official law degree transcript of records.
- No applicant shall be admitted to the bar examinations unless he or she has satisfactorily completed the following courses in a law school or university duly recognized by the Legal Education Board: Political Law and Public International Law, Commercial Law, Taxation Law, Civil Law and Land Titles and Deeds, Labor Law and Social Legislation, Criminal Law, Remedial Law, Legal and Judicial Ethics, and the mandatory Clinical Legal Education Program (CLEP).
(b) Applicant with a foreign law degree. — A Filipino citizen who graduated from a foreign law school shall, before being permitted to take the bar examinations, submit to the Supreme Court the following requirements:
- (i) proof of completion of all courses leading to the degree of Juris Doctor or its equivalent law degree granted by a foreign law school;
- (ii) proof of recognition or accreditation of the foreign law school by the proper authority in the foreign jurisdiction where the law degree has been granted; and
- (iii) proof of completion of mandatory CLEP.

§4. Time for filing the application to take the bar examinations and proof of qualifications.

All applications to take the bar examinations, together with the evidence required by the foregoing Sections, shall be filed with the Office of the Bar Confidant within the time that may be prescribed by the Supreme Court.

§5. List of qualified applicants who may take the bar examinations.

The list of qualified applicants who may take the bar examinations shall be published by the Office of the Bar Confidant of the Supreme Court in the official Supreme Court website not later than fifteen (15) calendar days before the scheduled first day of the examinations.

§6. Bar examinations, nature and governing principles.

The bar examinations are qualifying licensure examinations for admission to the bar. Applicants taking the bar examinations shall be tested on their basic knowledge and skills in law and in ethics and their practice-readiness.

The Supreme Court declares as a policy that the bar examinations shall be inclusive, fair, and non-discriminatory. It shall grant equal access to admission to the bar. The integrity of the bar examinations must be ensured, and their conduct shall be efficient and technology-enabled.

§7. Examination subjects.

Applicants shall be tested on the following subjects:

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

(1) Political and Public International Law;
(2) Labor Law and Social Legislation;
(3) Civil Law and Land Titles and Deeds;
(4) Commercial and Taxation Laws;
(5) Criminal Law; and
(6) Remedial Law, Legal and Judicial Ethics, with Practical Exercises.

§8. Bar examinations in electronic form.

Unless the Supreme Court otherwise directs, the bar examinations shall be administered by electronic means, using an appropriate, secure, and reliable assessment platform. The bar examinations shall be in the English language and shall be uniform for all examinees.

Examinees shall answer the questions personally without help from anyone. For examinees with special needs, the Bar Chairperson may issue separate guidelines to be included in the bar examination manual.

§9. Annual examinations.

The bar examinations shall take place annually in local testing centers across the Philippines, in such venues that the Supreme Court £n Banc may designate.

The bar examinations shall be held in the month of September for three (3) days, as designated by the Supreme Court.

The subjects shall be distributed as follows:

First Day: Political and Public International Law (morning) and Commercial and Taxation Laws (afternoon);

Second Day: Civil Law and Land Titles and Deeds (morning) and Labor Law and Social Legislation (afternoon); and

Third Day: Criminal Law (morning) and Remedial Law, Legal and Judicial Ethics, with Practical Exercises (afternoon).

§10. Passing average.

In order that an applicant may be deemed to have passed the examinations successfully, an applicant must have obtained a general average of 75% in all subjects, unless the Court En Banc determines another passing rate.

In determining the average, the subjects in the examination shall be given the following relative weights:

In the original text, these subdivisions are in a separate paragraph. For ease of reading, they have been made into a list here.

Political and Public International Law, 15%;
Commercial and Taxation Laws, 20%;
Civil Law and Land Titles and Deeds, 20%;
Labor Law and Social Legislation, 10%;
Criminal Law, 10%;
and Remedial Law, Legal and Judicial Ethics, with Practical Exercises, 25%.

§11. Bar examination manual.

In consultation with the association of law schools and other relevant stakeholders, the formulation of the bar syllabi, the type of tests or questions, the rules of conduct, test procedures, offenses, and penalties related to the bar examinations shall be embodied in the bar examination manual.

§12. Committee of examiners.

Examinations shall be conducted by a committee of bar examiners appointed by the Supreme Court. The committee of bar examiners shall be composed of a justice of the Supreme Court, who shall act as chairperson, and such number of members of the bar of the Philippines in good standing, as may be determined by the bar chairperson. The duties and functions of the chairperson and the bar examiners are defined in the bar examination manual. The names of the members of this committee shall remain confidential until the official release of the examination results.

§13. Undue influence; disciplinary action.

No applicant shall endeavor to influence, directly or indirectly, any official or employee of the Office of the Bar Chairperson, any member of the committee of examiners, or any personnel of the Office of the Bar Confidant.

During the examinations, the applicant shall not cheat or commit any act of dishonesty and shall sign an Honor Code to reflect this undertaking.

The applicant who violates this provision, or any other provision of this rule, shall be barred from the examinations and may be subjected to further disciplinary action, including permanent disqualification.

§14. Report of the committee.

Within the time that may be prescribed by the Supreme Court, the committee shall file its report on the results of the examinations with the Clerk of Court.

§15. Review course.

An applicant who has not passed the bar examinations three times, and on every third unsuccessful attempt thereafter, shall not be allowed to take the bar unless they show to the satisfaction of the Court that they have enrolled anew: and passed regular fourth-year review classes, as well as attended a pre-bar review course in a recognized law school.

Those required to take the fourth-year review course shall be required to complete the same within a maximum period of four (4) consecutive semesters beginning their initial enrollment; and those who have completed their fourth-year review course shall be given a maximum of three (3) bar years within which to take the bar examinations.

The dean or any authorized school official shall certify under oath that the applicant has passed the subjects under the same conditions as regular students and the ratings obtained by them in the particular subject.

Before the examinations, a certification issued by the law school of the applicant that the latter is currently enrolled in the review classes, coupled with an affidavit of the applicant that he or she undertakes to subsequently enroll in a pre-bar review course, shall suffice and be submitted as evidence of the aforesaid facts.

§16. Admission and oath of successful applicants.

An applicant who has passed the required examinations or has been otherwise found to be eligible for admission to the bar, and after submission of the complete documentary requirements outlined in the preceding sections, shall take and subscribe to the corresponding oath of office before the Supreme Court or, with its prior approval, before any member thereof.

§17. Duty to provide accurate and complete information and disclose cases filed against an applicant.

An applicant shall undertake to declare only true, correct, and complete information that is within their personal knowledge in filing a petition to take the bar examinations.

Any applicant, against whom a case is filed after completing the bar examinations but before the release of the examination results, shall inform the Supreme Court in a sworn statement about the details of the said case within five (5) calendar days from notice. The requirement in this paragraph similarly applies to any applicant who passed the bar examinations but against whom a case is filed after the release of the examination results but before the applicant takes the Lawyer’s Oath and signs the Roll of Attorneys.

In any case, any false or inaccurate information, concealment or failure to disclose, or misrepresentation on the part of an applicant shall be a ground for either the denial of the application, disqualification from taking the examinations, or delisting from the list of passers, depending on the stage of discovery, and without prejudice to other disciplinary sanctions that the Supreme Court may impose.

§18. Certificate of Admission.

The Supreme Court shall admit the successful applicant in Section 16 as a member of the bar and order the issuance of a certificate of admission to the bar.

§19. Attorneys’ Roll.

The Office of the Bar Confidant shall keep a Roll of Attorneys of successful applicants admitted to the Philippine bar.

RULE 138-A LAW STUDENT PRACTICE

As amended by AM 19-03-24-SC (eff. at the start of the Academic Year 2020-2021), which makes no mention of the Resolution d. December 18, 1986 that inserted Rule 138-A.

§1. Coverage.

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 of dispute 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.

§2. Definition of Terms.

(a) Clinical Legal Education Program is an experiential, interactive and reflective credit-earning teaching course with the objectives of providing law students with practical know ledge, 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 al) law clinic or an 2) externship, 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 of the 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 of the 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.

§3. Eligibility Requirements of Law Student Practitioners.

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 ce1iification, 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.

§4. Practice Areas of Law Student Practitioners.

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.

§5. Certification Application Requirements.

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.1âшphi1

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.

For Level 1 Certification

The Executive Judge of the 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.

For Level 2 Certification

Within ten (10) days from receipt of the application, the Executive Judge of the RTC shall

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

(a) evaluate the application together with its attachments, and
(b) recommend to the Office of the 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.

§6. Duties of Law Student Practitioners.

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.

§7. Use of Law Student Practitioner’s Name. -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.

§8. Law Student Practitioner’s Oath/Affirmation.

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 of the 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 myself as a certified law student practitioner according to the best of my 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.”

§9. Duties of Law Schools.

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 of Professional Responsibility.

§10. Qualification of Supervising Lawyers.

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

§11. Duties of Supervising Lawyers.

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 of the 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.

§12. Clinical Faculty.

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

§13. Sanctions.

(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 of Professional Responsibility shall subject the supervising lawyer, Clinical Legal Education Program Head, and/or law school dean to disciplinary action, as the circumstances may warrant.

§14. Effectivity.

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.

RULE 139 DISBARMENT OR SUSPENSION OF ATTORNEYS

Repealed by Rule 139-B. See the original text here.

RULE 139-A INTEGRATED BAR OF THE PHILIPPINES

Inserted by In the Matter of the Integration of the Bar of the Philippines, 151 Phil. 132, (app. January 09, 1973, eff. January 16, 1973). Access the original text here.

§1. Organization.

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.

§2. Purposes.

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.

§3. Regions.

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.

§4. Chapters.

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.

§5. House of Delegates.

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.

§6. Board of Governors.

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.

§7. Officers.

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.

§8. Vacancies.

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.

§9. Membership dues.

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.

§10. Effect of non-payment of dues.

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.

§11. Voluntary termination of membership; re-instatement.

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.

§12. Grievance procedures.

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.

§13. Non-political Bar.

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.

§14. Positions honorary.

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.

§15. Fiscal matters.

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.

§16. Journal.

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.

§17. Voluntary Bar associations.

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.

§18. Amendments.

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.

§19. Organizational period.

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.

§20. Effectivity.

This Rule shall take effect on January 16, 1973.

RULE 139-B DISBARMENT AND DISCIPLINE OF ATTORNEYS

§1. How Instituted.

Proceedings for the disbarment, suspension, or discipline of attorneys may be taken by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. 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 Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service.

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.

A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES

§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) investigators to 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.

§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.

§4. Chapter assistance to complainant.

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

§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 same may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu propio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complainant.

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 356).

§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.

§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.

§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.

§9. Depositions.

Depositions may be taken in accordance with the Rules of Court with leave of the Investigators.

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.

§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.

§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.

§12. Review and decision 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. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator’s Report.
b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.
c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board’s resolution, the Supreme Court orders otherwise.
d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.

B. PROCEEDINGS IN THE SUPREME COURT

§13. Supreme Court Investigation.

In proceedings initiated motu propio 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 Solicitor-General 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.

§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.

C. COMMON PROVISIONS

§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 at the instance of the IBP Board of Governors upon the recommendation of the Investigator, 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.

§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 2, until further action of the Supreme Court in the case.

§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.

§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.

§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.

§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.

RULE 140 CHARGES AGAINST JUDGES OF FIRST INSTANCE

As amended by AM 01-8-10-SC (app. September 11, 2001, eff; October 01, 2001). See the original text here.

RULE 140 DISCIPLINE OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF APPEALS AND THE SANDIGANBAYAN

§1. How instituted.

Proceedings for the discipline of Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon a verified complaint, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.

§2. Action on the complaint.

If the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent, and he shall be required to comment within ten (10) days from the date of service. Otherwise, the same shall be dismissed.

§3. By whom complaint investigated.

Upon the filing of the respondent’s comment, or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the Office of the Court Administrator for evaluation, report, and recommendation or assign the case for investigation, report, and recommendation to a retired member of the Supreme Court, if the respondent is a Justice of the Court of Appeals and the Sandiganbayan, or to a Justice of the Court of Appeals, if the respondent is a Judge of a Regional Trial Court or of a special court of equivalent rank, or to a Judge of the Regional Trial Court if the respondent is a Judge of an inferior court.

§4. Hearing.

The investigating Justice or Judge shall set a day for the hearing and send notice thereof to both parties. At such hearing, the parties may present oral and documentary evidence. If, after due notice, the respondent fails to appear, the investigation shall proceed ex parte.

The Investigating Justice or Judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant.

§5. Report.

Within thirty (30) days from the termination of the investigation, the investigating Justice or Judge shall submit to the Supreme Court a report containing findings of fact and recommendation. The report shall be accompanied by the record containing the evidence and the pleadings filed by the parties. The report shall be confidential and shall be for the exclusive use of the Court.

§6. Action.

The Court shall take such action on the report as the facts and the law may warrant.

§7. Classification of charges.

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

§8. Serious charges.

Serious charges include:

(1) Bribery, direct or indirect;
(2) Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);
(3) Gross misconduct constituting violations of the Code of Judicial Conduct;
(4) Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;
(5) Conviction of a crime involving moral turpitude;
(6) Willful failure to pay a just debt;
(7) Borrowing money or property from lawyers and litigants in a case pending before the court;
(8) Immorality;
(9) Gross ignorance of the law or procedure;
(10) Partisan political activities; and
(11) Alcoholism and/or vicious habits.

§9. Less Serious Charges.

Less serious charges include:

(1) Undue delay in rendering a decision or order, or in transmitting the records of a case;
(2) Frequent and unjustified absences without leave or habitual tardiness;
(3) Unauthorized practice of law;
(4) Violation of Supreme Court rules, directives, and circulars;
(5) Receiving additional or double compensation unless specifically authorized by law;
(6) Untruthful statements in the certificate of service; and
(7) Simple Misconduct.

§10. Light Charges.

Light charges include:

(1) Vulgar and unbecoming conduct;
(2) Gambling in public;
(3) Fraternizing with lawyers and litigants with pending case/cases in his court; and
(4) Undue delay in the submission of monthly reports.

§11. Sanctions.

A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:
- (1) Dismissal from the service, forfeiture of all or part of the benefits as the 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;
- (2) Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or
- (3) A fine of more than P20,000.00 but not exceeding P40,000.00.
B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:
- (1) Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or
- (2) A fine of more than P10,000.00 but not exceeding P20,000.00.
C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:
- (1) A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or
- (2) Censure;
- (3) Reprimand;
- (4) Admonition with warning.

§12. Confidentiality of proceedings.

Proceedings against Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan shall be private and confidential, but a copy of the decision or resolution of the Court shall be attached to the record of the respondent in the Office of the Court Administrator.

These amendments to Rule 140 shall take effect on October 1, 2001 following their publication in two newspapers of general circulation on or before September 15, 2001.

RULE 141 LEGAL FEES

As amended by AM 04-2-04-SC (app. July 20, 2004, eff. August 16, 2004) and Resolutions of the same AM dated September 21, 2004 and September 19, 2006.
See the original text from the Rules of Court of 1964 here.
See the original amendment here.

The Court issued guidelines by a Resolution dated August 28, 2007 (app. August 28, 2007, eff. September 03, 2007), which was amended by a Notice referencing a Resolution dated November 20, 2012 and a Notice referencing a Resolution dated November 20, 2012 (Revised).¹

Capitalizations are kept in the original.

§1. Payment of fees; modes and effects.

Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full, unless a staggered basis of payment is allowed by the Rules.

The legal fees may be paid in cash or through check, subject to the provisions herein stated.

The legal fees may be paid in cash (a) when the same does not exceed (P5,000.00). When the legal fees exceed P5000, payment shall be in check which may be personal, company or manager’s check. When the legal fees exceed P50,000, payment shall be in manager’s check. All checks shall be crossed.

Payment for the legal Legal Research Fund, Victim’s Compensation Fund, Cadastral Fees and other fees not accruing to the Judiciary Development Fund or Special Allowance for the Judiciary shall be in cash.

Any official receipt issued for the check shall indicate the following notation: ‘Payment credited only upon check being cleared.’

In case of dishonor of the check and upon receipt of such notice from the depository bank, the Clerk of Court or the accountable officer shall immediately inform in writing the court to where the case was raffled. The court shall forthwith issue an order dismissing the case, without prejudice to the filing of a case or cases against the drawer of the dishonored check.

As amended by a Resolution dated April 17, 2007 (app. April 17, 2007, eff. July 02, 2007).

§2. Fees in lien.

Where the court in its final judgment awards a claim not alleged, or a relief different from, or more than that claimed in the pleading, the party concerned shall pay the additional fees which shall constitute a lien on the judgment in satisfaction of said lien. The clerk of court shall assess and collect the corresponding fees.

§3. Persons authorized to collect legal fees.

Except as otherwise provided in this rule, the officers and persons hereinafter mentioned, together with their assistants and deputies, may demand, receive, and take the several fees hereinafter mentioned and allowed for any business by them respectively done by virtue of their several offices, and no more. All fees so collected shall be forthwith remitted to the Supreme Court. The 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.

§4. Clerks of the Court of Appeals and of the Supreme Court.

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

(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 - P3,000.00
(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 P50,000.00	P 750.00
B)	P50,000.00 OR MORE BUT LESS THAN P200,000.00	1,000.00
C)	P200,000.00 OR MORE BUT LESS THAN P400,000.00	1,500.00
D)	P400,000.00 OR MORE BUT LESS THAN P600,000.00	2,500.00
E)	P600,000.00 OR MORE BUT LESS THAN P800,000.00	4,000.00
F)	P800,000.00 OR MORE BUT LESS THAN P1,000,000.00	5,000.00
G)	P1,000,000.00 OR MORE BUT LESS THAN P7,500,000.00 ON THE FIRST P1,000,000.00, THE FEE SHALL BE P5,000.00 AND FOR EACH P1,000.00 IN EXCESS OF P1,000,000.00 BUT NOT MORE THAN 7,500,000.00	7.00
H)	P7,500,000.00 OR MORE ON THE FIRST P7,500,000.00, THE FEE SHALL BE P50,500.00 AND FOR EACH P1,000.00 IN EXCESS OF P7,500,000.00	10.00
	PROVIDED THAT FOR ASSESSMENTS BEYOND P50 MILLION, THE FILING FEE FOR THE EXCESS SHALL BETHE 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

- 1. 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 (P3,000.00) PESOS
(c) For the performance of marriage ceremony, including issuance of certificate of marriage - THREE THOUSAND (P3,000.00) PESOS
(d) FOR THE CERTIFIED COPIES OF ANY RECORD, JUDGMENT OR ENTRY THEREOF FOR EACH PAGE - TEN (P10.00) PESOS AND FOR ANY CERTIFICATION - ONE HUNDRED (P100.00) PESOS.
(e) For every search FEE OF ARCHIVED CASES or those above a year’s standing and reading the same - ONE HUNDRED (P100.00) PESOS
(f) FOR FILING A MOTION FOR SPECIAL RAFFLE - FIVE HUNDRED (P500.00) PESOS
(g) FOR FILING A MOTION FOR EXTENSION TO FILE A PLEADING WHEN ALLOWED BY THE RULES - THREE HUNDRED (P300.00) PESOS
(h) FOR FILING A MOTION FOR POSTPONEMENT - FIVE HUNDRED (P500.00) 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 (P1,000.00) PESOS
(j) FOR PERSONAL SERVICE OF WRITS, ORDERS AND DECISIONS OUTSIDE METRO MANILA - ONE THOUSAND (P1,000.00) PESOS
(k) FOR PERSONAL REMAND OF RECORDS TO THE LOWER COURTS - FIVE HUNDRED (P500.00) PESOS
(l) FOR PROCESSING OF TRAVEL PERMIT - ONE THOUSAND (P1,000.00) 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 (P40,000.00) pesos and one and a half (1 ½%) per centum on all sums in excess of FORTY THOUSAND (P40,000.00) pesos.

§5. Fees to be paid by the advancing party.

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.

§6. Fees of bar candidates.

(a) For filing the application for admission to the bar, whether admitted to the examination or not, TWO THOUSAND AND TWO HUNDRED FIFTY (P2,250.00) PESOS for new applicants, and for repeaters, plus the additional amount of TWO HUNDRED (P200.00) PESOS multiplied by the number of times the 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 (P2,250.00) PESOS;
(c) Other Bar Fees.- For the issuance of:

1.	Certification of admission to the Philippine Bar	P 100.00
2.	Certificate of good standing (local)	P 100.00
3.	Certificate of good standing (foreign)	P 500.00
4.	Verification of membership in the bar	P 100.00
5.	Certificate of grades in the bar examinations	P 100.00
6.	Other certification of records at the Bar Office, per page	P 50.00
7.	A duplicate diploma of admission to the Philippine Bar	P 500.00

For services in connection with the return of examination notebooks to examinees, a fee of ONE HUNDRED (P100.00) PESOS shall also be charged.

§7. Clerks of Regional Trial Courts.

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

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 P100,000.00	P 625.00	P 750.00	P 875.00	P 1,000.00
2. P100,000.00 or more but less than P150,000.00	1000.00	1,200.00	1,400.00	1,600.00
3. P150,000.00 or more but less than P200,000.00	1,250.00	1,500.00	1,750.00	2,000.00
4. P200,000.00 or more but less than P250,000.00	1,875.00	2,250.00	2,625.00	3,000.00
5. P250,000.00 or more but less than P300,000.00	2,190.00	2,630.00	3,070.00	3,500.00
6. P300,000.00 or more but less than P350,000.00	2,500.00	3,000.00	3,500.00	4,000.00
7. P350,000.00 or more but not more than P400,000.00	2,820.00	3,380.00	4,000.00	4,500.00
8. For each P1,000.00 in excess of P400,000.00	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. 11, 2006***	Effective Nov. 11, 2006**
1. Actions where the value of the subject matter cannot be estimated	P 750.00	P1,000.00	P 1,500.00	P 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. 11, 2006***	Effective Nov. 11, 2006**
1. Less than P50,000.00	P 350.00	P 420.00	P 490.00	P 550.00
2. P50,000.00 or more but less than P100,000.00	500.00	600.00	700.00	800.00
3. P100,000.00 or more but less than P150,000.00	625.00	750.00	875.00	1,000.00
4. P150,000.00 or more but less than P200,000.00	820.00	975.00	1,140.00	1,300.00
5. P200,000.00 or more but less than P250,000.00	1,250.00	1,500.00	1,750.00	2,000.00
6. P250,000.00 or more but less than P300,000.00	1,570.00	1,875.00	2,190.00	2,500.00
7. P300,000.00 or more but less than P400,000.00	1,875.00	2,250.00	2,625.00	3,000.00
8. P400,000.00 or more but less than P500,000.00	2,190.00	2,630.00	3,070.00	3,500.00
9. P500,000.00 or more but not more than P1,000,000.00	2,500.00	3,000.00	3,500.00	4,000.00
10. For each P1,000.00 in excess of P1,000,000.00	12.50	15.00	17.50	20.00

(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. 11, 2006***	Effective Nov. 11, 2006**
1.Not more than P100,000.00	P2,000.00	P 2,500.00	P 3,000.00	P 3,500.00
2. More than P100,000.00 but less than P150,000.00	2,500.00	3,000.00	3,500.00	4,000.00
3. P150,000.00 or more but less than P200,000.00	2,820.00	3,400.00	4,100.00	4,700.00
4. P200,000.00 or more but less than P250,000.00	3,125.00	3,750.00	4,375.00	5,000.00
5. P250,000.00 or more but less than P300,000.00	3,440.00	4,125.00	4,820.00	5,500.00
6. P300,000.00 or more but less than P350,000.00	3,750.00	4,500.00	5,250.00	6,000.00
7. P350,000.00 or more but not more than P400,000.00	4,070.00	4,875.00	5,690.00	6,500.00
8. For each P1,000.00 in excess of P400,000.00	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 application, 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.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, TEN THOUSAND (P10,000.00) 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 (P2,000.00) PESOS;
(2)	WHEN PETITIONER FOR ADOPTION IS A FOREIGN NATIONAL,	TEN THOUSAND (P10,000.00) PESOS;
(3)	SUPPORT,	FIVE HUNDRED (P500.00) PESOS;
(4)	ANNULMENT OF MARRIAGE, DECLARATION OF NULLITY OF MARRIAGE, OR LEGAL SEPARATION,	THREE THOUSAND (P3,000.00) PESOS; AND
(5)	CUSTODY OF MINORS,	ONE THOUSAND (P1,000.00) 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 (P500.00) PESOS;
(h) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(i) For filing an application for commission as notary public, TWO THOUSAND (P2,000.00) PESOS;
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, TEN (P10.00) 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 (P40,000.00) pesos, and ONE AND A HALF (1.5%) per centum on all sums in excess of FORTY THOUSAND (P40,000.00) PESOS;
(l) FOR APPEALS FROM REGIONAL TRIAL COURTS TO COURT OF APPEALS, SANDIGANBAYAN, OR SUPREME COURT - THREE THOUSAND (P3,000.00) 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 (P500.00) PESOS SHALL BE COLLECTED;
(n) FOR CLEARANCES AND CERTIFICATIONS ISSUED - FIFTY (P50.00) PESOS;
(o) FOR SERVICES PERFORMED AS EX-OFFICIO NOTARY PUBLIC - TWO HUNDRED (P200.00) PESOS;
(p) For any other services as clerk not provided in this section. TWO HUNDRED (P200.00) PESOS shall be collected.

§8. Clerks of Court of the First Level Courts.

(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 P20,000.00	P 190.00	P 225.00	P 270.00	P 300.00
2. More than P20,000.00 but not more than P100,000.00	625.00	750.00	875.00	1,000.00
3. More than P100,000.00 but not more than P200,000.00	1,570.00	1,875.00	2,190.00	2,500.00
4. More than P200,000.00 but not more than P300,000.00	2,190.00	2,630.00	3,070.00	3,500.00
5. More than P300,000.00 but not more than P400,000.00	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, WHICHEVER IS HIGHER, 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 P20,000.00	P 320.00	P 375.00	P 440.00	P 500.00
2. More than P20,000.00 but not more than P100,000.00	1,690.00	2,025.00	2,370.00	2,700.00
3. More than P100,000.00 but not more than P200,000.00	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 (P500.00) 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 (P500.00) 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
P400.00	P500.00	P600.00	P700.00

(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 FIFTY (P250.00) PESOS SHALL BE COLLECTED;

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

(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 (P1,000.00) PESOS;
(g) For the performance of marriage ceremony, including THE issuance of THE certificate of marriage, TWO THOUSAND (P2,000.00) PESOS in cities and ONE THOUSAND (P1,000.00) PESOS in other areas;
(h) For taking affidavit, ONE HUNDRED (P100.00) PESOS;
(i) For taking acknowledgement, TWO HUNDRED (P200.00) PESOS;
(j) For taking and certifying depositions, including oaths, per page, TWENTY (P20.00) PESOS;
(k) For certified copies of any PAPER, RECORD, DECREE, JUDGMENT OR ENTRY THEREOF FOR EACH PAGE, TEN (P10.00) PESOS;
(l) For stamping and registering books as required by Articles Nineteen and Thirty-Six of the Code of Commerce, each book, FIFTY (P50.00) pesos;
(m) For services performed as ex-officio notary public - ONE HUNDRED (P100.00) 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 (P40,000.00) PESOS, AND ONE AND A HALF (1.5%) PER CENTUM ON ALL SUMS IN EXCESS OF FORTY THOUSAND (P40,000.00) PESOS;
(o) For clearances and certifications issued - FIFTY (P50.00) PESOS;
(p) FOR ANY OTHER SERVICES AS CLERK NOT PROVIDED IN THIS SECTION, ONE HUNDRED (P100.00) PESOS SHALL BE COLLECTED.

§9. MEDIATION FEES.

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 (P500.00)

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

(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 (P500.00) upon the filing of a Notice of Appeal with the Regional Trial Court.

The Clerks of Court of the Regional Trial Court shall collect the amount of ONE THOUSAND PESOS (P1,000.00) upon the filing of a Notice of Appeal with 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 (P1,000.00) 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 (P1,000.00) 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.

§10. Sheriffs, PROCESS SERVERS and other persons serving processes.

(a) For serving summons and copy of complaint, for each defendant, TWO HUNDRED (P200.00) PESOS;
(b) For serving subpoenas in civil action or OTHER proceedings, for each witness to be served, ONE HUNDRED (P100.00) PESOS;
(c) For executing a writ of attachment against the property of defendant, FIVE HUNDRED (P500.00) PESOS per defendant;
(d) For serving and implementing a temporary restraining order, or writ of injunction, preliminary or final, of any court, THREE HUNDRED (P300.00) PESOS per defendant;
(e) For executing a writ of replevin, FIVE HUNDRED (P500.00) PESOS;
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each bond or instrument, ONE HUNDRED (P100.00) PESOS;
(g) For executing a writ or process to place a party in possession of real PROPERTY OR estates, THREE HUNDRED (P300.00) 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 (P150.00) PESOS;
(i) For taking inventory of goods levied upon when the inventory is ordered by the court, THREE HUNDRED (P300.00) PESOS per day or actual inventory;
(j) For levying on execution on personal or real property, THREE HUNDRED (P300.00) PESOS;
(k) For issuing a notice of garnishment, for each notice, ONE HUNDRED (P100.00) 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 (P4,000.00) PESOS,	FIVE AND A HALF (5.5%) per centum;
(2)	On all sums in excess of FOUR THOUSAND (P4,000.00) PESOS,	THREE (3%) per centum;

IN ADDITION TO THE FEES HEREINABOVE FIXED, THE AMOUNT OF ONE THOUSAND (P1,000.00) 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 (P1,000.00) 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.

§11. Stenographers.

Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment to the Clerk of Court of

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

(a) TEN (P10.00) PESOS for each page of not less than two hundred and fifty words before the appeal is taken and
(b) FIVE (P5.00) 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.

§12. Notaries.

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 (P100.00) PESOS;
(b) For the registration of such protest and filing or safekeeping of the same, ONE HUNDRED (P100.00) PESOS;
(c) For authenticating powers of attorney, ONE HUNDRED (P100.00) PESOS;
(d) For sworn statement concerning correctness of any account or other document, ONE HUNDRED (P100.00) PESOS;
(e) For each oath of affirmation, ONE HUNDRED (P100.00) PESOS;
(f) For receiving evidence of indebtedness to be sent outside, ONE HUNDRED (P100.00) PESOS;
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, ONE HUNDRED (P100.00) PESOS;
(h) For taking depositions, for each page, ONE HUNDRED (P100.00) PESOS; and
(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00) PESOS. (11a)

§13. Other officers taking depositions.

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

§14. Witness fees.

(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 (P200.00) 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.

§15. Fees of appraisers.

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 (P300.00) 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.

§16. Fees of commissioners in eminent domain proceedings.

The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation to be fixed by the court of NOT LESS THAN THREE HUNDRED (P300.00) 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.

§17. Fees of commissioners in the proceedings for partition of real estate.

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 (P300.00) 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.

§18. Fees and the account thereof.

The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time 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 by auditing officer and others interested therein.

§19. Indigent litigants exempt from payment of legal fees.

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 (P300,000.00) 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, and they do not 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. (16a)

§20. [No Title]

In addition to the fees imposed in the preceding sections, a victim-compensation fee of FIVE (P5.00) PESOS pursuant to Rep. Act No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111 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.

§21. Other fees.

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, OR IN VIOLATIONS OF BP NO. 22 IF THE AMOUNT INVOLVED 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 P100,000.00	P 625.00	P 750.00	P 875.00	P 1,000.00
2. P100,000.00 or more but less than P150,000.00	1,000.00	1,200.00	1,400.00	1,600.00
3. P150,000.00 or more but less than P200,000.00	1,250.00	1,500.00	1,750.00	2,000.00
4. P200,000.00 or more but less than P250,000.00	1,875.00	2,250.00	2,625.00	3,000.00
5. 250,000.00 or more but less than P300,000.00	2,190.00	2,630.00	3,070.00	3,500.00
6. P300,000.00 or more but less than P350,000.00	2,500.00	3,000.00	3,500.00	4,000.00
7. P350,000.00 or more but not more than P400,000.00	2,820.00	3,400.00	4,100.00	4,700.00
8. For each P1,000.00 in excess of P400,000.00	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 (P200.00) PESOS for the first, and an additional FIFTY (P50.00) PESOS for every motion for postponement thereafter based on that for the immediately preceding motion. For any other motion, TWO HUNDRED (P200.00) PESOS;

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

(c) For ALL TYPES OF bonds (cash, surety and property) in criminal and civil cases, FIVE HUNDRED (P500.00) PESOS per each bond;
(d) For entries of certificates of sale and final deeds of sale in extra-judicial foreclosures of mortgages, FIVE HUNDRED (P500.00) PESOS;
(e) FOR RECEPTION OF EVIDENCE BY THE CLERK OF COURT, FIVE HUNDRED (P500.00) PESOS;
(f) FOR APPLICATIONS FOR ACCREDITATION OF NEWSPAPERS AND PERIODICALS SEEKING TO PUBLISH JUDICIAL AND LEGAL NOTICES AND OTHER SIMILAR ANNOUNCEMENTS, FIVE THOUSAND (P5,000.00) PESOS; FOR APPEALS FROM DECISIONS OF EXECUTIVE JUDGE - ONE THOUSAND (P1,000.00) PESOS; AND FOR FILING AN ACTION FOR REVOCATIONS OR SUSPENSION OF ACCREDITATION - ONE THOUSAND (P1,000.00) PESOS;
(g) FOR ELECTION CONTESTS INCLUDING ELECTION PROTESTS, COUNTER-PROTESTS, PROTESTS-IN-INTERVENTION AND QUO WARRANTO PROCEEDINGS INVOLVING MUNICIPAL OFFICES- THREE THOUSAND (P3,000.00) PESOS; AND BARANGAY OFFICES- ONE THOUSAND FIVE HUNDRED (P1,500.00) 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 (P100.00) 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 P10,000,000.00	P12,500.00	P15,000.00	P17,500.00	P20,000.00
2. P10,000,000.00 or more but less than P20,000,000.00	25,000.00	30,000.00	35,000.00	40,000.00
3. P20,000,000.00 or more but less than P30,000,000.00	37,500.00	45,000.00	52,500.00	60,000.00
4. P30,000,000.00 or more but less than P40,000,000.00	50,000.00	60,000.00	70,000.00	80,000.00
5. P40,000,000.00 or more but less than P50,000,000.00	62,500.00	75,000.00	87,500.00	100,000.00
6. P50,000,000.00 or more but less than P60,000,000.00	75,000.00	90,000.00	105,000.00	120,000.00
7. P60,000,000.00 or more but less than P70,000,000.00	87,500.00	105,000.00	122,500.00	140,000.00
8 P70,000,000.00 or more but less than P80,000,000.00	100,000.00	120,000.00	140,000.00	160,000.00
9 P80,000,000.00 or more but less than P90,000,000.00	112,500.00	135,000.00	157,500.00	180,000.00
10.P90,000,000.00 or more but not more than P100,000,000.00	125,000.00	150,000.00	175,000.00	200,000.00
11. For each P10,000.00 in excess of P100,000,000.00	12.50	15.00	17.50	20.00

- (2) MANNER OF PAYMENT.
  - 2.1 FEES AMOUNTING TO P100,000.00 OR LESS SHALL BE PAID UPON THE FILING OF THE PETITION.
  - 2.2 FEES IN EXCESS OF P100,000.00 MAY BE PAID ON STAGGERED BASIS AS FOLLOWS:
    - 2.2.1 P100,000.00 SHALL BE PAID UPON FILING OF THE PETITION
    - 2.2.2 THE BALANCE SHALL BE PAID IN ACCORDANCE WITH THE FOLLOWING SCHEDULE:
      - 2.2.2.1 25% SHALL BE PAID UPON THE ISSUANCE OF AN ORDER GIVING DUE COURSE TO THE PETITION
      - 2.2.2.2 25 % SHALL BE PAID UPON THE APPROVAL OF THE REHABILITATION PLAN; AND
      - 2.2.2.3 THE BALANCE OF 50% SHALL BE INCLUDED AS PART OF THE PREFERRED PAYABLES TO BE SETTLED IN THE REHABILITATION PLAN.

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.

As amended by a Resolution dated September 19, 2006.

(j) FOR PETITIONS FOR THE COMPULSORY CONFINEMENT OF A DRUG DEPENDENT UNDER SECTION 61 OF THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”, THREE HUNDRED (P300.00) PESOS;
(k) For petitions for insolvency or other cases involving intra-corporate controversies, the fees prescribed under letter a, section 7 shall apply.

§22. Government exempt.

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)

* The proposed rates be 25% of the pre-2004 legal fees composed of the Judiciary Development Fund and the original fees.

** The proposed rates corresponds to the sum of the current amounts accruing to the general fund and the Judiciary Development Fund; and 50% thereof effective from 2004 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.

RULE 142 COST

§1. Cost ordinarily follow results of suit.

Unless otherwise provided in these rules, cost shall be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.

§2. When action or appeal dismissed.

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

§3. Cost when appeal frivolous.

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

§4. False allegations.

An averment in a pleading made without reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.

§5. No cost for irrelevant matters.

When the record contains any unnecessary, irrelevant, or immaterial matter, the party as whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement for preparing, certifying, or printing such matter.

§6. Attorney’s fees as cost.

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.

§7. Restriction of cost.

If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more cost than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full cost may be allowed.

§8. Costs, how to taxed.

In inferior courts, the costs shall be taxed by the justice of the peace or municipal judge and included the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five days’ written notice giving by the prevailing party to the adverse party. With this notice shall be served a statement of the items of the cost claimed by the prevailing party, verified by his oath or that of his attorney. Objections to the taxation shall be made in writing, specifying the items objected to. Either party may appeal to the court from the clerk’s taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.

§9. Cost in justice of the peace or municipal courts.

In an action or proceeding pending before a justice of the peace or municipal judge, the prevailing party may recover the following cost, and no other:

(a) For the complaint or answer, two pesos;
(b) For the attendance of himself, or his counsel, or both, on the day of trial, five pesos;
(c) For each additional day’s attendance required in the actual trial of the case, one peso;
(d) For each witness produced by him, for each day’s necessary attendance at the trial, one peso, and his lawful traveling fees;
(e) For each deposition lawfully taken by him and produced in evidence, five pesos;
(f) For original documents, deeds, or papers of any kind produced by him; nothing;
(g) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(h) The lawful fees paid by him for service of the summons and other process in the action;
(i) The lawful fees charged against him by the judge of the court in entering and docketing and trying the action or proceeding.

§10. Cost in Court of First Instance.

In an action or proceeding pending in a Court of First Instance, the prevailing party may recover the following costs, and no other:

(a) For the complaint or answer, fifteen pesos;
(b) For his own attendance, and that of his attorney, down to and including final judgment, twenty pesos;
(c) For each witness necessarily produced by him, for each day’s necessary attendance of such witness at the trial, two pesos, and his lawful traveling fees;
(d) For each deposition lawfully taken by him, and produced in evidence, five pesos;
(e) For original documents, deeds, or papers of any kind produced by him, nothing;
(f) For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies;
(g) The lawful fees paid by him in entering and docketing the action or recording the proceedings, for the service of any process in action, and all lawful clerk’s fees paid by him.

§11. Costs in Court of Appeals and in Supreme Court.

In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:

(a) For his own attendance, and that of his attorney, down to and including final judgment, thirty pesos in the Court of Appeals and fifty pesos in the Supreme Court;
(b) For official copies of record on appeal and the printing thereof, and all other copies required by the rules of court, the sum actually paid for the same;
(c) All lawful fees charged against him by the clerk of the Court of Appeals or of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;
(d) No allowance shall be made to the prevailing party in the Supreme Court or Court of Appeals for the brief or written or printed arguments of his attorney, or copies thereof, aside from the thirty or fifty pesos above stated;
(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same cost for witness fees, depositors, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;
(f) The lawful fees of a commissioner in an action may also be taxed against the defeated party, or apportioned as justice requires.

§12. Costs when witness fails to appear.

If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the cost of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was willful or without just excuse.

§13. Costs when the person cited for examination in probate proceedings.

When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.

RULE 143 APPLICABILITY OF THE RULES

These rules shall not apply to land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.

RULE 144 EFFECTIVENESS

These rules shall take effect on January 1, 1964. They shall govern all cases brought after they take effect, and also all further proceedings in cases then pending. except to the extent that in the opinion of the court their application would not be feasible or would work injustice, in which event the former procedure shall apply.

GUIDELINES IN THE IMPLEMENTATION OF SECTION 1 OF RULE 141 OF THE RULES OF COURT, AS AMENDED

Issued by a Resolution dated August 28, 2007 (app. August 28, 2007, eff. September 03, 2007), as amended by a Notice referencing a Resolution dated November 20, 2012 and a Notice referencing a Resolution dated November 20, 2012 (Revised).

§1. Payment of Fees.

Upon filing of any initiatory pleading, all prescribed fees such as but not limited to filing fees accruing to the Judiciary Development Fund and Special Allowance for the Judiciary Fund, and other fees accruing to the Legal Research Fund, Victim Compensation Fund and Mediation Fund, shall be paid in full, provided that, in petitions for rehabilitation under the Interim Rules of Procedure on Corporate Governance, filing fees in excess of One Hundred Thousand Pesos (P100,000.00) may be paid on a staggered basis, subject to the provisions of Section 2 hereof, in accordance with the schedule provided under the Resolution of the Court in A.M. No. 04-2-04-SC dated September 19, 2006.

§2. Modes of Payment.

The filing fees shall be paid in cash or check, as follows:
- (a) Cash Payment:
  - (1) Fees accruing to the Fiduciary Fund, Legal Research Fund, Victim Compensation Fund, Mediation Fund, and Cadastral Fund and such other fees not accruing to the Judiciary Development Fund or Special Allowance for the Judiciary Fund.
  - (2) Initial deposit of One Thousand Pesos (PI,000.00) to defray actual travel expenses in the service of summons, subpoena and other court processes.
- (b) Cash or Separate Check Payment for:
  - (1) Fees accruing to the Judiciary Development Fund amounting to Five Thousand Pesos (P5,000.00) or less.
  - (2) Fees accruing to the Special Allowance for the Judiciary Fund amounting to Five Thousand Pesos (P5,000.00) or less.
- (c) Separate Check Payment for:
  - (1) Fees accruing to the Judiciary Development Fund exceeding Five Thousand Pesos (P5,000.00).
  - (2) Fees accruing to the Special Allowance for the Judiciary Fund exceeding Five Thousand Pesos (P5,000.00).
Check payments may be in the form of personal, company or manager’s check, provided that, if the amount exceeds Fifty Thousand Pesos (P50,000.00), it shall be paid in manager’s check.

§3. When payment is made in check.

The fees accruing to the Judiciary Development Fund or the Special Allowance for the Judiciary Fund shall be paid IN SEPARATE CHECKS payable to the “SUPREME COURT, JUDICIARY DEVELOPMENT FUND ACCOUNT” or to the “SUPREME COURT, SPECIAL ALLOWANCE FOR THE JUDICIARY FUND ACCOUNT,” respectively. The docket number, title of the case, the court where the case was filed, and the contact number/s of the said court shall be indicated in the dorsal/back portion of the check.

The official receipt issued for payment by check shall be stamped with the following notation: “PAYMENT CREDITED ONLY UPON CHECK BEING CLEARED.” The official receipt shall reflect accurately the name of the party on whose behalf the payment is made, the docket number and title of the case, the amount paid in words and in figures, the check number, the name of the bank and the branch where the checking account is maintained. The official receipt must be duly signed by the Clerk of Court. Pending clearance of the check, the Clerk of Court shall retain the official receipt and issue a Certificate of Retention of the Official Receipts (Annex “A”).

§4. When check is dishonored.

Pursuant to banking rules and regulations, the depository bank where the check was deposited shall issue the notice of dishonor to the Clerk of Court within three (3) banking days in case of local checks, and within five (5) banking days in case of regional checks, from the date the check was deposited. Upon receipt of the notice of dishonor of the check from the depository bank, the Clerk of Court shall, within twenty-four (24) hours, notify in writing the Chief, Financial Management Office, Office of the Court Administrator of such notice of dishonor. In multiple-sala courts, the Clerk of Court shall inform in writing the Branch Clerk of Court where the case was raffled of the dishonor of the check within twenty-four (24) hours from receipt of the notice.

Thereafter, the court shall issue an order dismissing the case, in consonance with Section 3 of Rule 17, without prejudice to the re-filing of the case upon payment by the concerned party of the appropriate legal fees, and in accordance with Section 2 of BP 22; Provided, that the case is not barred by the statute of limitations. Upon the dismissal of the case, the official receipt is automatically considered cancelled. No motion for reconsideration of the order of dismissal shall be entertained. The dismissal of the case shall be without prejudice to the filing of a case against the drawer of the dishonored check.

§5. Duty of the Clerk of Court, Officer-in-Charge or Accountable Officer.

The Clerk of Court, the Officer-in-Charge in the Office of the Clerk of Court, or the duly authorized accountable officer designated in writing shall strictly observe the procedural guidelines in the collection of fees accruing to the Judiciary Development Fund and the Special Allowance for the Judiciary Fund, provided under Amended Administrative Circular No. 35-2004 dated August 20, 2004.

§6. Submission of Monthly Report.

The Clerk of Court shall accomplish a Monthly Report of Dismissed Cases due to Dishonored Checks using Form LF-1 (a copy of which is hereto attached as Annex “B”) to be submitted to the Accounting Division, Financial Management Office, Office of the Court Administrator within ten (10) days after the end of each month, attaching thereto the certified true copies of the following documents:
- (a) cancelled official receipts;
- (b) DIRECT the nationwide implementation of the above-approved Amended Guidelines;
- (c) AUTHORIZE the Office of the Court Administrator to issue the appropriate implementing Circular; and
- (d) AUTHORIZE the OCA Committee on Legal Fees to conduct consultative meetings on direct bank payment system and to immediately submit a report thereon.
  - In the Cashbooks and Monthly Reports of the Judiciary Development Fund and the Special Allowance for the Judiciary Fund, two sub-columns bearing the headings “Checks Received” and “Cleared as of (date) “ shall be added under the column of “Official Receipt/Remittance Advice.”
§7. Judicial Nature of Assessment and Collection of Docket Fees.

Matters relating to the propriety and correctness of the assessment and collection of docket fees are judicial in nature and should only be determined by the regular courts, pursuant to the Resolution of the Court dated March 8, 2005 in A.M. No. 05-3-03-0.

§8. Refund of Filing Fees.

The refund of filing fees paid to the court on account of orders issued by the judges shall be referred to the Chief Justice through the Court Administrator, pursuant to the Resolution of the Court dated October 12, 2005 in A.M. No. 05-9-256-MeTC.

§9. Effectivity.

These Guidelines shall take effect on October 1, 2007 in designated areas as the Court, by resolution, may direct. ↩

LEGAL ETHICS

Rules of Court, Part V

The first comprehensive Rules of Court was effective July 01, 1940 in the Commonwealth period. The first Rules of Court under the independent Philippines was promulgated in 1964 (eff. January 01, 1964).

As amended by Resolution d. Nov. 10, 1967.

As amended by AM 24-10-05-SC (app. August 12, 2025), which makes no mention of Resolutions d. May 20, 1968 and Febuary 13, 1992 that amended the original Rule 138.

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

In the original text, these subdivisions are in a separate paragraph. For ease of reading, they have been made into a list here.

As amended by AM 19-03-24-SC (eff. at the start of the Academic Year 2020-2021), which makes no mention of the Resolution d. December 18, 1986 that inserted Rule 138-A.

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

Repealed by Rule 139-B. See the original text here.

Inserted by In the Matter of the Integration of the Bar of the Philippines, 151 Phil. 132, (app. January 09, 1973, eff. January 16, 1973). Access the original text here.

As amended by AM 01-8-10-SC (app. September 11, 2001, eff; October 01, 2001). See the original text here.

As amended by AM 04-2-04-SC (app. July 20, 2004, eff. August 16, 2004) and Resolutions of the same AM dated September 21, 2004 and September 19, 2006.See the original text from the Rules of Court of 1964 here.See the original amendment here.

The Court issued guidelines by a Resolution dated August 28, 2007 (app. August 28, 2007, eff. September 03, 2007), which was amended by a Notice referencing a Resolution dated November 20, 2012 and a Notice referencing a Resolution dated November 20, 2012 (Revised).1

Capitalizations are kept in the original.

As amended by a Resolution dated April 17, 2007 (app. April 17, 2007, eff. July 02, 2007).

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

In the original text, these subdivisions are inline. For ease of reading, they have been made into a list here.

By a Notice referencing a Resolution dated September 21, 2004, the Supreme Court suspended the new rates of the legal fees for (a) Solemnization of marriage, (b) Motions, and (c) Compulsory counterclaims under Rule 141, effective 21 September 2004.

As amended by a Resolution dated September 19, 2006.

Issued by a Resolution dated August 28, 2007 (app. August 28, 2007, eff. September 03, 2007), as amended by a Notice referencing a Resolution dated November 20, 2012 and a Notice referencing a Resolution dated November 20, 2012 (Revised).

The first comprehensive Rules of Court was effective July 01, 1940 in the Commonwealth period.
The first Rules of Court under the independent Philippines was promulgated in 1964 (eff. January 01, 1964).

As amended by AM 04-2-04-SC (app. July 20, 2004, eff. August 16, 2004) and Resolutions of the same AM dated September 21, 2004 and September 19, 2006.
See the original text from the Rules of Court of 1964 here.
See the original amendment here.

The Court issued guidelines by a Resolution dated August 28, 2007 (app. August 28, 2007, eff. September 03, 2007), which was amended by a Notice referencing a Resolution dated November 20, 2012 and a Notice referencing a Resolution dated November 20, 2012 (Revised).¹