Guidelines for Allocation of Legal Fees Between General Fund and Judiciary Development Fund

October 15, 1990

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 31-90

 

To implement the provisions of Section 3, Rule 141 as revised and made effective on November 2, 1990, to the effect that all increases in the legal fees shall pertain to the Judiciary Development Fund as established by law (Presidential Decree No. 1949, dated May 18, 1984) the following guidelines for allocating the legal fees collected under said rule between the General Fund and the Judiciary Development Fund are hereby issued.

 

				General	JDF
				Fund
Sec. 4. Clerks of the Court of Appeals and of
the Supreme Court. — (a) For filing an action,
proceeding, appeal by notice or record on appeal
when required, entering appearance of the parties,
entering orders of the court, filing and docketing
all motions, docketing of case on all proper dockets,
and indexing the same, entering, recording and
certification of judgment and remanding of records
to the lower court, taxing the costs, administering
all necessary oaths or affirmations in the action or
proceeding, recording the opinion of the court,
and issuing all necessary process in the action
or proceeding not herein otherwise provided
for, each action or special proceeding, four
hundred (P400.00) pesos;		48.00	352.00
	(b)	For the performance of marriage ceremony,
		including issuance of certificate of marriage, two hundred
		(P200.00) pesos;			200.00
	(c)	For furnishing transcripts of the record or
		copies of any record, judgment, or entry of which any
		person is entitled to demand and receive a copy, for each
		page three (P3.00) pesos;		.20	2.80
	(d)	For each certificate not on process, twenty
		(P20.00) pesos;		1.00	19.00
	(e)	For every search for anything above a year's
		standing and reading the same, five (P5.00) pesos;		1.00	4.00
	(f)	For a commission on all money coming into
		his hands by these rules or order of the court and caring for
		the same, two (2%) per cent on all sums not exceeding four
		thousand (P4,000.00) pesos and one (1%) per cent upon
		all sums in excess of four thousand (P4,000.00) pesos, and
		one half (.5%) per cent on all sums in excess of forty
		thousand (P40,000.00) pesos. (2a)
	a)	on all sums not exceeding	P4,000.00	1/2%	1-1/2%
	b)	on all sums in excess of
		P4,000.00 but not exceeding	P40,000.00	1/4%	3/4%
	c)	on all sums in excess of	40,000.00	1/8%	3/8%
Sec. 6.	Fees of bar candidates. —
(a)	For filing the application for admission to the
	bar, whether admitted to the examination or
	not, eight hundred (P800.00) pesos for new
	applicants, and for repeaters, plus the additional
	amount of one hundred (P100.00) pesos multiplied
	by the number of times the applicant has failed in
	the bar examinations;		300.00	500.00
(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, etc. eight
	hundred (P800.00) pesos;		350.00	450.00
(c)	Other Bar Fees. — For the issuance of:
1.	Certification of admission
	to the Philippine Bar	P20.00	5.00	15.00
2.	Certificate of good standing
	(local)		20.00		20.00
3.	Certificate of good standing
	(foreign)		50.00		50.00
4.	Verification of membership
	in the bar		10.00	1.00	9.00
5.	Certificate of grades in the
	bar examinations	20.00	5.00	15.00
6.	Other certifications of records
	at the Bar Office, per page	5.00	1.00	4.00
7.	A duplicate diploma of
	admission to the Philippine Bar	200.00	100.00	100.00
	For services in connection with
	the return of examination notebooks
	to examinees, a fee of twenty (P20.00)
	pesos shall be charged. (4a)			20.00
Sec. 7. Clerks of Regional Trial Courts —
(a)	For filing an action or a permissive
	counter-claim or money claim against an estate not
	based on judgment, or for filing with leave of court a
	third-party, fourth-party, etc. complaint, or a
	complaint in intervention, and for all clerical
	services in the same, if the total sum claimed,
	exclusive of interest, or the stated value of the
	property in litigation, is:
1.	Not more than P20,000.00	P120.00	60.00	60.00
2.	More than P20,000.00
	but less than P40,000.00	P150.00	80.00	70.00
3.	P40,000.00 or more but less
	than P60,000.00	200.00	100.00	100.00
4.	P60,000.00 or more but less
	than P80,000.00	250.00	100.00	150.00
5.	P80,000.00 or more but less
	than P100,000.00	400.00	100.00	300.00
6.	P100,000.00 or more but less
	than P150,000.00	600.00	150.00	450.00
7.	For each P1,000.00 in excess
	of P150,000.00	5.00	2.00	3.00
(b)	For filing:
1.	Actions where the value of the subject
	matter cannot be estimated	400.00	200.00	200.00
2.	Special civil actions except judicial
	foreclosure of mortgage which
	shall be governed by paragraph
	(a) above		400.00	32.00	368.00
	(b) judicial foreclosure
	of mortgage		32.00
	amount in excess
3.	All other actions not involving
	property		400.00	32.00	368.00
	In a real action, the assessed value of the
	property, or if there is none, the estimated
	value thereof shall be alleged by the claimant
	and shall be the basis in computing the fees.
(c)	For filing requests for extrajudicial
	foreclosure of real estate or chattel
	mortgage, if the amount of the
	indebtedness, or the
	mortgagee's claim, is
1.	Less than P50,000.00	P200.00		JDF
2.	P50,000.00 or more
	but less than P100,000.00	300.00		JDF
3.	P100,000.00 or more but
	less than P150,000.00	400.00		JDF
4.	P150,000.00 or more but less
	than P200,000.00	500.00		JDF
5.	P200,000.00 or more or but
	less than P250,000.00	600.00		JDF
6.	P250,000.00 or more but
	less than P300,000.00	700.00		JDF
7.	P300,000.00 or more but
	less than P400,000.00	800.00		JDF
8.	P400,000.00 or more
	but less than P500,000.00	900.00		JDF
9.	P500,000.00 or more but
	less than P1,000,000.00	1,000.00		JDF
10.	For each P1,000.00 in excess
	of P1,000,000.00	5.00		JDF
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:
1.	Less than P20,000.00	P200.00	60.00	140.00
2.	P20,000.00 or more but
	less than P40,000.00	400.00	160.00	240.00
3.	P40,000.00 or more but
	less than P60,000.00	600.00	270.00	330.00
4.	P60,000.00 or more but
	less than P80,000.00	900.00	450.00	450.00
5.	P80,000.00 or more but
	less than P100,000.00	1,100.00	540.00	560.00
6.	P100,000.00 or more but
	less than P150,000.00	1,300.00	590.00	710.00
7.	For each P1,000.00 in
	excess of P150,000.00	5.00	1.00	4.00
	If the value of the estate as definitely
	appraised by the court is more than the value
	declared in the application, the difference of
	fee shall be paid; provided that a certificate from
	the clerk of court that the proper fees have 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, one thousand (P1,000.00)
	pesos;			32.00	968.00
(f)	For filing petitions for adoption, support,
	annulment of marriage, legal separation
	and other actions or proceedings under
	the Family Code, one hundred and fifty
	(P150.00) pesos;		32.00	118.00
	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.			ALL JDF
(g)	For all other special proceedings
	not concerning property one hundred and
	fifty (P150.00) pesos;		32.00	118.00
(h)	For the performance of marriage ceremony
	including issuance of certificate of marriage, one
	hundred (100.00) pesos;			100.00
(i)	For filing an application for commission as
	notary public, three hundred (P300.00) pesos;		32.00	268.00
(j)	For certified copies of any paper,
	record, decree, judgment or entry
	thereof for each page, three (P3.00)		.40	2.60
	pesos and then (P10.00) pesos			10.00
	for certification;
(k)	For a commission on all money coming into
	his hands by law, rule, order or writ of court
	and caring for the same, one (1%) per centum
	on all sums not exceeding forty thousand
	(P40,000.00) pesos, and one half (.5%) per
	centum on all sums in excess of
	forty thousand (P40,000.00) pesos.
a)	on all sums not exceeding	P40,000.00	1/2%	1/2%
b)	on all sums exceeding	40,000.00	1/4%	1/4%
	For any other services as clerk not provided
	in this section, one hundred (P100.00) pesos shall
	be collected (5a)		100.00
Sec. 8. Judges of Metropolitan and
Municipal Trial Courts. —
(a)	For each civil action or proceeding
	where the value of the subject matter involved
	or the amount of the demand, exclusive of
	interest and costs, is:
1.	Less than P5,000	P80.00	40.00	40.00
2.	P5,000.00 or more but less
	P10,000		100.00	50.00	50.00
3.	P10,000 or more but not
	exceeding P20,000	120.00	50.00	70.00
4.	For each proceeding including
	allowance of will, probate,
	settlement of estate of small
	value, one hundred and fifty
	(P150.00) pesos;			150.00
5.	For forcible entry and illegal
	detainer cases, one hundred
	(P100.00) pesos;		10.00	90.00
6.	For appeals in all actions or proceedings,
	including forcible entry and detainer cases,
	taken from the Metropolitan and Municipal
	Trial Courts, one hundred fifty (P150.00)
	pesos;
a)	appeals in forcible entry		20.00	130.00
b)	appeals in other actions or proceedings			150.00
(b)	For the performance of marriage ceremony,
	including issuance of certificate of marriage,
	fifty (P50.00) pesos;		2.00	48.00
(c)	For taking affidavit, ten (P10.00) pesos;		1.00	9.00
(d)	For taking acknowledgment, twenty
	(P20.00) pesos;		1.50	18.50
(e)	For writing and certifying depositions,
	including oath, per page, five (P5.00) pesos;		.40	4.60
(f)	For certified copies of any record, per
	page, five (P5.00) pesos;		.40	4.60
(g)	For stamping and registering books as
	required by articles nineteen and thirty-six
	of the Code of Commerce, each book, twenty
	(P20.00) pesos;		2.00	18.00
(h)	For performing notarial acts for which fees
	are not specifically fixed in this section, the
	same fees which notaries public are entitled
	to receive.
	The foregoing fee bill, in English and
	Filipino shall be posted in a conspicuous place in
	the office of every Metropolitan and Municipal
	Trial Court. (6a)
Sec. 9. Sheriffs, and other persons serving
processes. —
(a)	For serving summons and copy of
	complaint, for each defendant,
	fifty (P50.00) pesos;		4.00	46.00
(b)	For serving subpoenas in civil action
	or proceeding, for each witness to be served,
	twenty (P20.00) pesos;		.40	19.60
(c)	For executing a writ of attachment
	against the property of defendant,
	fifty (P50.00) pesos;		4.00	46.00
(d)	For serving a temporary restraining
	order, or writ of injunction, preliminary
	or final, of any court, fifty (P50.00) pesos;			50.00
(e)	For executing a writ of replevin, fifty
	(P50.00) pesos;			50.00
(f)	For filing bonds or other instruments
	of indemnity or security in provisional
	remedies, for each bond,
	twenty (P20.00) pesos;		1.00	19.00
(g)	For executing a writ or process to
	place a party in possession of real estate,
	one hundred (P100.00) pesos;		4.00	96.00
(h)	For advertising a sale, besides cost
	of publication, fifty (P50.00) pesos;		2.00	48.00
(i)	For taking inventory of goods levied
	upon when the inventory is ordered
	by the court, one hundred (P100.00)
	pesos per day of actual inventory work;			100.00
(j)	For levying on execution on personal
	or real property, fifty (P50.00) pesos;		4.00	46.00
(k)	For issuing a notice of garnishment,
	for each notice, twenty (P20.00) pesos;			20.00
(l)	For money collected by him by order,
	execution, attachment, or any other
	process, judicial or extrajudicial, the
	following sums, to wit:
1.	On the first four thousand (P4,000.00)
	pesos, four (4%) per centum.
2.	On all sums in excess of four thousand
	(P4,000.00) pesos two (2%) per centum.
a)	on the first		P4,000.00	1%	3%
b)	on all sums in excess of	4,000.00	1/2%	1-1/2%
	In addition to the fees hereinabove fixed,
	the party requesting the process of any court,
	preliminary, incidental, or final, shall pay the sheriff's
	expenses in serving or executing the process, or
	safeguarding the property levied upon, attached or
	seized, including kilometrage for each kilometer of travel,
	guards' fees, warehousing and similar charges, 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. 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. (7a)
Sec. 10. Stenographers. —Stenographers shall
give certified transcript of notes taken by them to  every
person requesting same upon payment of (a) five (P5.00)
pesos for each page of not less than two hundred  and
fifty words before the appeal is taken and (b) three		.60	1.90
(P3.00) pesos for the same page, after the filing of		.30	1.20
the appeal; provided, however, that one-half of the
total  charges shall be paid to the court and the other
half to the stenographer concerned. (8a)
Sec. 11. 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, thirty
		(P30.00) pesos;
	(b)	For the registration of such protest and filing
		or safekeeping of same, thirty (P30.00) pesos;
	(c)	For authenticating powers of attorney, thirty
		(P30.00) pesos;
	(d)	For sworn statement concerning correctness of
		any account or other document, thirty (P30.00) pesos;
	(e)	For each oath or affirmation, thirty (P30.00) pesos;
	(f)	For receiving evidence of indebtedness to be sent
		outside, thirty (P30.00) pesos;
	(g)	For issuing a certified copy of all or part of his
		notarial register or notarial records, for each page, thirty
		(P30.00) pesos;
	(h)	For taking depositions, for each page,
		thirty (P30.00) pesos;
	(i)	For acknowledging other documents not enumerated
		in this section, thirty (P30.00) pesos.

 

 

Pursuant to section 5 of Presidential Decree No. 1949 which in its Section 1 established the Judiciary Development Fund, the Supreme Court hereby reiterates the following implementing rules and regulations, as provided in Circular No. 5, dated February 21, 1985.

1. Establishment of the Fund. — The Judiciary Development Fund, hereinafter referred to as the Fund is intended to benefit the members and personnel of the Judiciary to further ensure and guarantee the independence of the Judiciary as mandated by the Constitution. The Fund shall be derived from, among others, the increase in the legal fees prescribed in the amendments to Rule 141 of the Rules of Court, which became effective on October 1, 1984. The Funds shall be used to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities. At least eighty percent (80%) of the Fund shall be used for cost of living allowances, and not more than twenty percent (20%) of the said Fund shall be used for office equipment and facilities of the Court located where the legal fees are collected. The aforesaid allowances of the members and personnel of the Judiciary shall be distributed in proportion of their basic salaries, with bigger allowances being granted to those receiving a basic salary of less than P1,000.00 a month. (Section 1, Presidential Decree No. 1949)

2. Administration of the Fund. — The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursement and expenditures of the Fund in accordance with Presidential Decree No. 1949 and its implementing rules and regulations. (Section 2, P.D. No. 1949)

3. Duty of the Clerks of Court, Officers-in-Charge or Accountable Officers. — The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections for said Fund.

4. Depository Bank for the Fund. — The amounts accruing to the Fund shall be deposited for the account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court, Officer-in-Charge, of the Office of the Clerk of Court in an authorized government depository bank or private bank owned or controlled by the Government to be specified by the Chief Justice. The income or interest earned shall likewise form part of the Fund. For this purpose, the depository bank for the Fund shall be the Philippine National Bank (PNB), or any private bank owned or controlled by the government upon authority of the Chief Justice. cdt

5. Systems and Procedure. —

a. In the Supreme Court. — The Collecting & Disbursing Officer of the Supreme Court shall, unless otherwise authorized by the Chief Justice, deposit daily all collections accruing to the Fund with the PNB, main office "For the account of the Judiciary Development Fund, Supreme Court, Manila — SAVINGS ACCOUNT No. 068-503174-4."

b. In the CA, SB and CTA. — The respective collecting officers in these courts shall deposit daily their collections accruing to the Fund in the aforementioned SAVINGS ACCOUNT with the PNB for the account of the JUDICIARY DEVELOPMENT FUND, Supreme Court, Manila, furnishing the Chief Accountant of the Supreme Court the notice of such deposits made.

c. In the RTC, MetTC, MTCC, MTC, and MCTC. — The daily collections for the Fund in these courts shall be deposited everyday with the local or nearest PNB branch "For the account of the Judiciary Development Fund, Supreme Court, Manila — SAVINGS ACCOUNT No. 086-503174-4"; or if depositing daily is not possible, deposits for the Fund shall be every second and third Fridays and at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall be deposited immediately even before the days above-indicated.

Where there is no PNB branch at the station of the judge concerned, a collections shall be sent by postal money order payable to the Chief Accountant of the Supreme Court, at the latest before 3:00 P.M. of that particular week.

A separate set of official receipts shall be used for the collections for the Fund. For payment of the legal fees under the old rate which would pertain to the General Fund by party-litigants in the MetTC, MTCC, MTC and MCTC, the Clerks of Court, Officers-in-Charges of the Office of the Clerk of Court or their duly authorized representatives shall issue "Acceptance Order of Payment" to the City Municipal Treasurer concerned. Such party-litigants shall be instructed to present to the Clerk of Court, Officer-in-Charge of the Office of the Clerk of Court or their duly authorized representative the official receipt thereby issued by the Treasurer together with a copy of the Acceptance Order for Payment, for notation and for the collecting officer to determine the corresponding amount to be collected for the Judiciary Development Fund. The official receipt issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, "JDF", followed immediately by the description of the kind and nature of the collection.

 

Official receipts for the Fund shall be provided by the Supreme Court. Should official receipts be not immediately available, the official receipts which were previously requisitioned and issued may be used provided that they are properly marked "JUDICIARY DEVELOPMENT FUND".

Until official cash books are available, the ordinary Record Book (7" x 12") may be used for the purpose, provided that the same shall be marked "CASH BOOK FOR JUDICIARY DEVELOPMENT FUND."

d. Rendition of Monthly Report. — Separate "Monthly Report of Collections" shall be regularly prepared for the Judiciary Development Fund, which shall be submitted to the Chief Accountant of the Supreme Court within ten (10) days after the end of every month, together with the duplicate of the official receipts issued during such month covered and validated copy of the Deposit Slips.

The aggregate total of the Deposit Slips for any particular month should always equal to, and any particular month should always equal to, and tally with, the total collections for that month as reflected in the Monthly Report of Collections.

If no collections is made during any month, notice to that effect should be submitted to the Chief Accountant of the Supreme Court by way of a formal letter within ten (10) days after the end of every month.

e. Reimbursement of Expenses. — All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Judiciary Development Fund shall be reimbursed by the Supreme Court upon submission of the duly accomplished voucher together with the necessary receipts and other supporting papers required in audit direct to the Chief of the Fiscal Management and Budget Office of the Supreme Court.

In no case shall expenses incurred for the Judiciary Development Fund be deducted from the collections which should be remitted in full. aisa dc

All reports and correspondence relative to collections and deposits of Judiciary Development Fund shall be addressed to:

THE CHIEF ACCOUNTANT

SUPREME COURT OF THE PHILIPPINES

MANILA

f. Account Examination for Internal Control. — To safeguard and control the Fund, examination of the records of the Clerks of Court, Officers-in-Charge, or accountable officers shall be conducted by the staff and personnel of the Supreme Court whenever circumstances warrant.

6. Disposition of the Fund shall be only prior authority of the Chief Justice.

7. Strict observance of these rules and regulations is hereby enjoined. The Clerks of Court, Officers-in-Charge shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall mean the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected, pursuant to Section 122 of PD No. 1445 dated July 11, 1978, without prejudice to such further disciplinary action the Court may take against them.

Issued this 15th day of October, Nineteen Hundred and Ninety.

(SGD.) MARCELO B. FERNAN Chief Justice