Notarial Rules and Fees

Republic of the Philippines Supreme Court

Manila

EN BANC

A.M. No. 02-8-13-SC 2004 Rules on Notarial Practice

RESOLUTION

Acting on the compliance dated 05 July 2004 and on the proposed Rules on Notarial Practice of 2004 submitted by the Sub-Committee for the Study, Drafting and Formulation of the Rules Governing the Appointment of Notaries Public and the Performance and Exercise of Their Official Functions, of the Committees on Revision of the Rules of Court and on Legal Education and Bar Matters, the Court Resolved to APPROVE the proposed Rules on Notarial Practice of 2004, with modifications, thus: chanroblesvirtuallawlibrary

2004 RULES ON NOTARIAL PRACTICE

RULE I IMPLEMENTATION

SECTION 1. Title. - These Rules shall be known as the 2004 Rules on Notarial Practice.

SEC. 2. Purposes. - These Rules shall be applied and construed to advance the following purposes: chanroblesvirtuallawlibrary

(a) to promote, serve, and protect public interest; chan robles virtual law library (b) to simplify, clarify, and modernize the rules governing notaries public; and (c) to foster ethical conduct among notaries public. chan robles virtual law library

SEC. 3. Interpretation. - Unless the context of these Rules otherwise indicates, words in the singular include the plural, and words in the plural include the singular.

RULE II DEFINITIONS

SECTION 1. Acknowledgment. - “Acknowledgment” refers to an act in which an individual on a single occasion:chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an integrally complete instrument or document; chan robles virtual law library (b) is attested to be personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and - chan robles virtual law library (c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that capacity.

SEC. 2. Affirmation or Oath. - The term “Affirmation” or “Oath” refers to an act in which an individual on a single occasion: chan robles virtual law library

(a) appears in person before the notary public; chan robles virtual law library (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and chan robles virtual law library (c) avows under penalty of law to the whole truth of the contents of the instrument or document.

SEC. 3. Commission. - “Commission” refers to the grant of authority to perform notarial acts and to the written evidence of the authority.

SEC. 4. Copy Certification. - “Copy Certification” refers to a notarial act in which a notary public: chanroblesvirtuallawlibrary

(a) is presented with an instrument or document that is neither a vital record, a public record, nor publicly recordable; (b) copies or supervises the copying of the instrument or document; (c) compares the instrument or document with the copy; and (d) determines that the copy is accurate and complete.

SEC. 5. Notarial Register. - “Notarial Register” refers to a permanently bound book with numbered pages containing a chronological record of notarial acts performed by a notary public. chan robles virtual law library

SEC. 6. Jurat. - “Jurat” refers to an act in which an individual on a single occasion: chanroblesvirtuallawlibrary

(a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; chan robles virtual law library (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before the notary public as to such instrument or document.

SEC. 7. Notarial Act and Notarization. - “Notarial Act” and “Notarization” refer to any act that a notary public is empowered to perform under these Rules.

SEC. 8. Notarial Certificate. - “Notarial Certificate” refers to the part of, or attachment to, a notarized instrument or document that is completed by the notary public, bears the notary's signature and seal, and states the facts attested to by the notary public in a particular notarization as provided for by these Rules. chan robles virtual law library

SEC. 9. Notary Public and Notary. - “Notary Public” and “Notary” refer to any person commissioned to perform official acts under these Rules.cralaw

SEC. 10. Principal. - “Principal” refers to a person appearing before the notary public whose act is the subject of notarization. chan robles virtual law library

SEC. 11. Regular Place of Work or Business. - The term “regular place of work or business” refers to a stationary office in the city or province wherein the notary public renders legal and notarial services. chan robles virtual law library

SEC. 12. Competent Evidence of Identity. - The phrase “competent evidence of identity” refers to the identification of an individual based on: chanroblesvirtuallawlibrary

(a) at least one current identification document issued by an official agency bearing the photograph and signature of the individual; or chan robles virtual law library (b) the oath or affirmation of one credible witness not privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual, or of two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

SEC. 13. Official Seal or Seal. - “Official seal” or “Seal” refers to a device for affixing a mark, image or impression on all papers officially signed by the notary public conforming the requisites prescribed by these Rules.

SEC. 14. Signature Witnessing. - The term “signature witnessing” refers to a notarial act in which an individual on a single occasion: chan robles virtual law library

(a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and chan robles virtual law library (c) signs the instrument or document in the presence of the notary public.

SEC. 15. Court. - “Court” refers to the Supreme Court of the Philippines.

SEC. 16. Petitioner. - “Petitioner” refers to a person who applies for a notarial commission. cralaw

SEC. 17. Office of the Court Administrator. - “Office of the Court Administrator” refers to the Office of the Court Administrator of the Supreme Court. cralaw

SEC. 18. Executive Judge. - “Executive Judge” refers to the Executive Judge of the Regional Trial Court of a city or province who issues a notarial commission. cralaw

SEC. 19. Vendor. - “Vendor” under these Rules refers to a seller of a notarial seal and shall include a wholesaler or retailer. chan robles virtual law library

SEC. 20. Manufacturer. - “Manufacturer” under these Rules refers to one who produces a notarial seal and shall include an engraver and seal maker. chan robles virtual law library

RULE III COMMISSIONING OF NOTARY PUBLIC

SECTION 1. Qualifications. - A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules. chan robles virtual law library

To be eligible for commissioning as notary public, the petitioner: chanroblesvirtuallawlibrary

(1) must be a citizen of the Philippines; chan robles virtual law library (2) must be over twenty-one (21) years of age; chan robles virtual law library (3) must be a resident in the Philippines for at least one (1) year and maintains a regular place of work or business in the city or province where the commission is to be issued; chan robles virtual law library (4) must be a member of the Philippine Bar in good standing with clearances from the Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines; and (5) must not have been convicted in the first instance of any crime involving moral turpitude.

SEC. 2. Form of the Petition and Supporting Documents. - Every petition for a notarial commission shall be in writing, verified, and shall include the following: chanroblesvirtuallawlibrary

(a) a statement containing the petitioner's personal qualifications, including the petitioner's date of birth, residence, telephone number, professional tax receipt, roll of attorney's number and IBP membership number; (b) certification of good moral character of the petitioner by at least two (2) executive officers of the local chapter of the Integrated Bar of the Philippines where he is applying for commission; (c) proof of payment for the filing of the petition as required by these Rules; and (d) three (3) passport-size color photographs with light background taken within thirty (30) days of the application. The photograph should not be retouched. The petitioner shall sign his name at the bottom part of the photographs.

SEC. 3. Application Fee. - Every petitioner for a notarial commission shall pay the application fee as prescribed in the Rules of Court. chan robles virtual law library

SEC. 4. Summary Hearing on the Petition. - The Executive Judge shall conduct a summary hearing on the petition and shall grant the same if:chanroblesvirtuallawlibrary

(a) the petition is sufficient in form and substance; (b) the petitioner proves the allegations contained in the petition; and (c) the petitioner establishes to the satisfaction of the Executive Judge that he has read and fully understood these Rules.

The Executive Judge shall forthwith issue a commission and a Certificate of Authorization to Purchase a Notarial Seal in favor of the petitioner. chan robles virtual law library

SEC. 5. Notice of Summary Hearing. -

(a) The notice of summary hearing shall be published in a newspaper of general circulation in the city or province where the hearing shall be conducted and posted in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court. The cost of the publication shall be borne by the petitioner. The notice may include more than one petitioner. (b) The notice shall be substantially in the following form: chanroblesvirtuallawlibrary

NOTICE OF HEARING

Notice is hereby given that a summary hearing on the petition for notarial commission of (name of petitioner) shall be held on (date) at (place) at (time). Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto, received by the undersigned before the date of the summary hearing.chanrobles virtual law library chan robles virtual law library

_____________________ Executive Judge

SEC. 6. Opposition to Petition. - Any person who has any cause or reason to object to the grant of the petition may file a verified written opposition thereto. The opposition must be received by the Executive Judge before the date of the summary hearing. chan robles virtual law library

SEC. 7. Form of Notarial Commission. - The commissioning of a notary public shall be in a formal order signed by the Executive Judge substantially in the following form: chanroblesvirtuallawlibrary

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF ______________

This is to certify that (name of notary public) of (regular place of work or business) in (city or province) was on this (date) day of (month) two thousand and (year) commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending the thirty-first day of December (year) chan robles virtual law library

________________________ Executive Judge

SEC. 8. Period Of Validity of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall be valid for a period of three (3) months from date of issue, unless extended by the Executive Judge.

A mark, image or impression of the seal that may be purchased by the notary public pursuant to the Certificate shall be presented to the Executive Judge for approval prior to use. cralaw

SEC. 9. Form of Certificate of Authorization to Purchase a Notarial Seal. - The Certificate of Authorization to Purchase a Notarial Seal shall substantially be in the following form: chanroblesvirtuallawlibrary

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT OF_____________ chan robles virtual law library

CERTIFICATE OF AUTHORIZATION TO PURCHASE A NOTARIAL SEAL chan robles virtual law library

This is to authorize (name of notary public) of (city or province) who was commissioned by the undersigned as a notary public, within and for the said jurisdiction, for a term ending, the thirty-first of December (year) to purchase a notarial seal.chanrobles virtual law library chan robles virtual law library

Issued this (day) of (month) (year).

________________________ Executive Judge

SEC. 10. Official Seal of Notary Public. - Every person commissioned as notary public shall have only one official seal of office in accordance with these Rules.

SEC. 11. Jurisdiction and Term. - A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court. chan robles virtual law library

SEC. 12. Register of Notaries Public. - The Executive Judge shall keep and maintain a Register of Notaries Public in his jurisdiction which shall contain, among others, the dates of issuance or revocation or suspension

of notarial commissions, and the resignation or death of notaries public. The Executive Judge shall furnish the Office of the Court Administrator information and data recorded in the register of notaries public. The Office of the Court Administrator shall keep a permanent, complete and updated database of such records. chan robles virtual law library

SEC. 13. Renewal of Commission. - A notary public may file a written application with the Executive Judge for the renewal of his commission within forty-five (45) days before the expiration thereof. A mark, image or impression of the seal of the notary public shall be attached to the application. cralaw

Failure to file said application will result in the deletion of the name of the notary public in the register of notaries public.cralaw

The notary public thus removed from the Register of Notaries Public may only be reinstated therein after he is issued a new commission in accordance with these Rules. chan robles virtual law library

SEC. 14. Action on Application for Renewal of Commission. - The Executive Judge shall, upon payment of the application fee mentioned in Section 3 above of this Rule, act on an application for the renewal of a commission within thirty (30) days from receipt thereof. If the application is denied, the Executive Judge shall state the reasons therefor.cralaw

RULE IV POWERS AND LIMITATIONS OF NOTARIES PUBLIC

SECTION 1. Powers. - (a) A notary public is empowered to perform the following notarial acts: chanroblesvirtuallawlibrary

(1) acknowledgments; (2) oaths and affirmations; (3) jurats; chan robles virtual law library (4) signature witnessings; (5) copy certifications; and (6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: chanroblesvirtuallawlibrary

(1) the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document; (2) both witnesses sign their own names in addition to the thumb or other mark; (3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and chan robles virtual law library (4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:chanroblesvirtuallawlibrary

(1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf; (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; (3) both witnesses sign their own names ; (4) the notary public writes below his signature: “Signature affixed by notary in presence of (names and addresses of person and two [2] witnesses)”; and (5) the notary public notarizes his signature by acknowledgment or jurat.

SEC. 2. Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: chan robles virtual law library

(1) public offices, convention halls, and similar places where oaths of office may be administered; (2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization; (3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and (4) any place where a party to an instrument or document requiring notarization is under detention.

(b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document -

(1) is not in the notary's presence personally at the time of the notarization; and (2) is not personally known to the notary public or otherwise identified by the notary public through competent evidence of identity as defined by these Rules. chan robles virtual law library

SEC. 3. Disqualifications. - A notary public is disqualified from performing a notarial act if he: chanroblesvirtuallawlibrary

(a) is a party to the instrument or document that is to be notarized; chan robles virtual law library (b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest, cash, property, or other consideration, except as provided by these Rules and by law; or (c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of the principal within the fourth civil degree. chan robles virtual law library

SEC. 4. Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: chanroblesvirtuallawlibrary

(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and (c) in the notary's judgment, the signatory is not acting of his or her own free will.

SEC. 5. False or Incomplete Certificate. - A notary public shall not: chan robles virtual law library

(a) execute a certificate containing information known or believed by the notary to be false. (b) affix an official signature or seal on a notarial certificate that is incomplete. chan robles virtual law library

SEC. 6. Improper Instruments or Documents. - A notary public shall not notarize: chanroblesvirtuallawlibrary

(a) a blank or incomplete instrument or document; or chan robles virtual law library (b) an instrument or document without appropriate notarial certification.

RULE V FEES OF NOTARY PUBLIC

SECTION 1. Imposition and Waiver of Fees. - For performing a notarial act, a notary public may charge the maximum fee as prescribed by the Supreme Court unless he waives the fee in whole or in part. chan robles virtual law library SEC. 2. Travel Fees and Expenses. - A notary public may charge travel fees and expenses separate and apart from the notarial fees prescribed in the preceding section when traveling to perform a notarial act if the notary public and the person requesting the notarial act agree prior to the travel. cralaw

SEC. 3. Prohibited Fees. – No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be collected or received for any notarial service. cralaw

SEC. 4. Payment or Refund of Fees. - A notary public shall not require payment of any fees specified herein prior to the performance of a notarial act unless otherwise agreed upon. chan robles virtual law library

Any travel fees and expenses paid to a notary public prior to the performance of a notarial act are not subject to refund if the notary public had already traveled but failed to complete in whole or in part the notarial act for reasons beyond his control and without negligence on his part. cralaw

SEC. 5. Notice of Fees. - A notary public who charges a fee for notarial services shall issue a receipt registered with the Bureau of Internal Revenue and keep a journal of notarial fees. He shall enter in the journal all fees charged for services rendered. chan robles virtual law library

A notary public shall post in a conspicuous place in his office a complete schedule of chargeable notarial fees.cralaw

RULE VI NOTARIAL REGISTER

SECTION 1. Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. chan robles virtual law library

The register shall be kept in books to be furnished by the Solicitor General to any notary public upon request and upon payment of the cost thereof. The register shall be duly paged, and on the first page, the Solicitor General shall certify the number of pages of which the book consists. cralaw

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator. chan robles virtual law library

(b) A notary public shall keep only one active notarial register at any given time. cralaw

SEC. 2. Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial register at the time of notarization the following: chan robles virtual law library

(1) the entry number and page number; chan robles virtual law library (2) the date and time of day of the notarial act; (3) the type of notarial act; chan robles virtual law library (4) the title or description of the instrument, document or proceeding; (5) the name and address of each principal; chan robles virtual law library (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary; chan robles virtual law library (7) the name and address of each credible witness swearing to or affirming the person's identity; (8) the fee charged for the notarial act; (9) the address where the notarization was performed if not in the notary's regular place of work or business; and (10) any other circumstance the notary public may deem of significance or relevance.

(b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act.

(c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded.cralaw

(d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court. cralaw

(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries. cralaw

(f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same. cralaw

(g) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact.cralaw

(h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required. cralaw

SEC. 3. Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each:chanroblesvirtuallawlibrary

(a) principal; (b) credible witness swearing or affirming to the identity of a principal; and (c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign.

SEC. 4. Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect an entry in the notarial register, during regular business hours, provided;

(1) the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules; (2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial register in a separate, dated entry; (3) the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and (4) the person is shown only the entry or entries specified by him.

(b) The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order.

(c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein.cralaw

SEC. 5. Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. cralaw

(b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. cralaw

SEC. 6. Issuance of Certified True Copies. - The notary public shall supply a certified true copy of the notarial record, or any part thereof, to any person applying for such copy upon payment of the legal fees. cralaw

RULE VII SIGNATURE AND SEAL OF NOTARY PUBLIC

SECTION 1. Official Signature. – In notarizing a paper instrument or document, a notary public shall: chanroblesvirtuallawlibrary

(a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; chan robles virtual law library (b) not sign using a facsimile stamp or printing device; and (c) affix his official signature only at the time the notarial act is performed.

SEC. 2. Official Seal. - (a) Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word “Philippines” and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears.

(b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized. chan robles virtual law library

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him. chan robles virtual law library

(d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be published, once a week for three

(3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. cralaw

(e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of a notarial commission, the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. In the event that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the event of death of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge.cralaw

SEC. 3. Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document.cralaw

SEC. 4. Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. cralaw

(b) Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shall charge an authorization fee in the amount of PhP 4,000 for the vendor and PhP 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee.cralaw

(c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph.cralaw

(d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge. cralaw

(e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal.cralaw

(f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale. cralaw

(g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming the change of name issued by the Executive Judge. cralaw

RULE VIII NOTARIAL CERTIFICATES

SECTION 1. Form of Notarial Certificate. - The notarial form used for any notarial instrument or document shall conform to all the requisites prescribed herein, the Rules of Court and all other provisions of issuances by the Supreme Court and in applicable laws. chan robles virtual law library

SEC. 2. Contents of the Concluding Part of the Notarial Certificate. – The notarial certificate shall include the following:chanroblesvirtuallawlibrary

(a) the name of the notary public as exactly indicated in the commission; (b) the serial number of the commission of the notary public; (c) the words "Notary Public" and the province or city where the notary public is commissioned, the expiration date of the commission, the office address of the notary public; and (d) the roll of attorney's number, the professional tax receipt number and the place and date of issuance thereof, and the IBP membership number.

RULE IX CERTIFICATE OF AUTHORITY OF NOTARIES PUBLIC

SECTION 1. Certificate of Authority for a Notarial Act. - A certificate of authority evidencing the authenticity of the official seal and signature of a notary public shall be issued by the Executive Judge upon request in substantially the following form: chan robles virtual law library

CERTIFICATE OF AUTHORITY FOR A NOTARIAL ACT

I, (name, title, jurisdiction of the Executive Judge), certify that (name of notary public), the person named in the seal and signature on the attached document, is a Notary Public in and for the (City/Municipality/Province) of the Republic of the Philippines and authorized to act as such at the time of the document's notarization.chanrobles virtual law library chan robles virtual law library

IN WITNESS WHEREOF, I have affixed below my signature and seal of this office this (date) day of (month) (year).chanrobles virtual law library chan robles virtual law library _________________ (official signature) (seal of Executive Judge)

RULE X CHANGES OF STATUS OF NOTARY PUBLIC

SECTION 1. Change of Name and Address. -

Within ten (10) days after the change of name of the notary public by court order or by marriage, or after ceasing to maintain the regular place of work or business, the notary public shall submit a signed and dated notice of such fact to the Executive Judge. The notary public shall not notarize until:chanroblesvirtuallawlibrary

(a) he receives from the Executive Judge a confirmation of the new name of the notary public and/or change of regular place of work or business; and (b) a new seal bearing the new name has been obtained.

The foregoing notwithstanding, until the aforementioned steps have been completed, the notary public may continue to use the former name or regular place of work or business in performing notarial acts for three (3) months from the date of the change, which may be extended once for valid and just cause by the Executive Judge for another period not exceeding three (3) months.

SEC. 2. Resignation. - A notary public may resign his commission by personally submitting a written, dated and signed formal notice to the Executive Judge together with his notarial seal, notarial register and records. Effective from the date indicated in the notice, he shall immediately cease to perform notarial acts. In the event of his incapacity to personally appear, the submission of the notice may be performed by his duly authorized representative.cralaw

SEC. 3. Publication of Resignation. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have resigned their notarial commissions and the effective dates of their resignation. cralaw

RULE XI REVOCATION OF COMMISSION AND DISCIPLINARY SANCTIONS

SECTION 1. Revocation and Administrative Sanctions. - (a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. chan robles virtual law library

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who:chanroblesvirtuallawlibrary

(1) fails to keep a notarial register; (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts; (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; (4) fails to affix to acknowledgments the date of expiration of his commission; (5) fails to submit his notarial register, when filled, to the Executive Judge; (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of

his duties, as may be required by the judge; (7) fails to require the presence of a principal at the time of the notarial act; (8) fails to identify a principal on the basis of personal knowledge or competent evidence; (9) executes a false or incomplete certificate under Section 5, Rule IV; (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction.

(c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall be immediately executory, unless otherwise ordered by the Supreme Court.

(d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b). cralaw

SEC. 2. Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. chan robles virtual law library

SEC. 3. Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked.cralaw

SEC. 4. Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sections. chan robles virtual law library

RULE XII SPECIAL PROVISIONS

SECTION 1. Punishable Acts. - The Executive Judge shall cause the prosecution of any person who: chanroblesvirtuallawlibrary

(a) knowingly acts or otherwise impersonates a notary public; chan robles virtual law library (b) knowingly obtains, conceals, defaces, or destroys the seal, notarial register, or official records of a notary public; and (c) knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct.

SEC 2. Reports to the Supreme Court. - The Executive Judge concerned shall submit semestral reports to the Supreme Court on discipline and prosecution of notaries public.

RULE XIII REPEALING AND EFFECTIVITY PROVISIONS

SECTION 1. Repeal. - All rules and parts of rules, including issuances of the Supreme Court inconsistent herewith, are hereby repealed or accordingly modified. chan robles virtual law library

SEC. 2. Effective Date. - These Rules shall take effect on the first day of August 2004, and shall be published in a newspaper of general circulation in the Philippines which provides sufficiently wide circulation.

Promulgated this 6th day of July, 2004. chan robles virtual law library

Davide, Jr. C.J., Puno, Vitug, Panganiban, Quisumbing, Ynarez-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna and Tinga, JJ.c

RULE 141

LEGAL FEES

SECTION 1. Payment of fees. – Upon the filing of the pleading or other application which initiates an action or proceeding, the fees prescribed therefor shall be paid in full. chan robles virtual law library

Sec. 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. cralaw

Sec. 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. cralaw

Sec. 4. Clerks of the Supreme Court, Court of Appeals, Sandiganbayan and Court of Tax Appeals. cralaw

(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 chan robles virtual law library

(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: chanroblesvirtuallawlibrary

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 P7,500,000.00 …...... 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 be the equivalent of one-half (1/2) of one (1%) per centum

i) When the value of the subject matter cannot be estimated ………..…………. 5,000.00

2. For filing a petition for review from a decision of the Regional Trial Court or of the Central Board of Assessment Appeals or a special civil action with the CTA or an appeal from a decision of a CTA Division to the CTA En Banc – THREE THOUSAND (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.cralaw

(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 chan robles virtual law library

(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 HUNDRED (P100.00) 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.cralaw

Sec. 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. chan robles virtual law library

Sec. 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:chanroblesvirtuallawlibrary

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. (6a) chan robles virtual law library

Sec. 7. Clerks of Regional Trial Courts-

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:chanroblesvirtuallawlibrary

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 P875.00 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


1,250.00 1.500.00 1,750.00 2,000.00


1,875.00 2,250.00 2,625.00 3,000.00


2,190.00 2,630.00 3,070.00 3,500.00

6. P300,000.00 or more but less than

2,500.00 3,000.00 3,500.00 4,000.00

P350,000.00 7. P350,000.00 or more but not 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. cralaw

(b) For filing:chanroblesvirtuallawlibrary

From effectivity To Nov. 10, 2004 *

Nov. 11, 2004 to Nov. 10, 2005 **

Nov. 11, 2005 to Nov. 10, 2006 ***


1. Actions where the value of the subject matter cannot be estimated

P 750.00 P 1,000.00

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

750.00 1,000.00 1,500.00 2,000.00

property

(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: chanroblesvirtuallawlibrary

From effectivity to Nov. 10, 2004 *

Nov. 11, 2004 to Nov. 10, 2005 **

Nov. 11, 2005 to Nov. 10, 2006 ***


1. Less than P50,000.00

P 350.00 P 420.00 P 490.00 P 550.00


500.00 600.00 700.00 800.00


625.00 750.00 875.00 1,000.00


820.00 975.00 1,140.00 1,300.00


1,250.00 1,500.00 1,750.00 2,000.00


1,570.00 1,875.00 2,190.00 2,500.00

7. P300,000.00 or more but not more than P400,000.00

1,875.00 2,250.00 2,625.00 3,000.00


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

12.50 15.00 17.50 20.00

of P1,000,000.00

____________________

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

** The proposed rates correspond to the sum of the current amounts accruing to the general fund and the Judiciary Development Fund; and 50% thereof effective from 2004 up to Nov. 10, 2005. cralaw

*** 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. cralaw

**** 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. cralaw

(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: chanroblesvirtuallawlibrary

From effectivity

to Nov. 10, 2004 *

Nov. 11, 2004 to Nov. 10, 2005 **

Nov. 11, 2005 to Nov. 10, 2006 ***


1. Not more than P100,000.00

P 2,000.00 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


2,820.00 3,400.00 4,100.00 4,700.00

4. P200,000.00 or more but less than

3,125.00 3,750.00 4,375.00 5,000.00

P250,000.00 5. P250,000.00 or more butless than P300,000.00

3,440.00 4,125.00 4,820.00 5,500.00


3,750.00 4,500.00 5,250.00 6,000.00


4,070.00 4,875.00 5,690.00 6,500.00


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.cralaw

(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:chanroblesvirtuallawlibrary

(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; chan robles virtual law library

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. cralaw

Sec. 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:chanroblesvirtuallawlibrary


2004 *

Nov. 11, 2004 to Nov. 10, 2005 **

Nov. 11, 2005 to Nov. 10, 2006 ***



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


1,570.00 1,875.00 2,190.00 2,500.00


2,190.00 2,630.00 3,070.00 3,500.00


3,125.00 3,750.00 4,375.00 5,000.00

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

(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:chanroblesvirtuallawlibrary

From effectivity to Nov. 10, 2004 *

Nov. 11, 2004 to

Nov. 10,

Nov. 11, 2005 to Nov. 10, 2006 ***

Effective

Nov. 11, 2006 ****

2005 **


P 320.00 P 375.00 P 440.00 P 500.00


1,690.00 2,025.00 2,370.00 2,700.00


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.cralaw

(d) For all other actions not covered by preceding paragraphs: chanroblesvirtuallawlibrary

From effectivity to Nov. 10, 2004

Nov. 11, 2004 to Nov. 10, 2005

Nov. 11, 2005 to Nov. 20,2006

Effective Nov. 11, 2006

400.00 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 (P250.00) PESOS shall be collected; chan robles virtual law library

(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. cralaw

Sec. 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) (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.cralaw

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 to the Regional Trial Court.cralaw

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 to the Court of Appeals or the Sandiganbayan.cralaw

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. chan robles virtual law library

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. cralaw

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

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. cralaw

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.cralaw

Sec. 10. Sheriffs, PROCESS SERVERS and other persons serving processes. chan robles virtual law library

(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; chan robles virtual law library

(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:chanroblesvirtuallawlibrary

(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.cralaw

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.cralaw

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. cralaw

Sec. 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 (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. (10a)

Sec. 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; chan robles virtual law library

(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 cralaw

(i) For acknowledging other documents not enumerated in this section, ONE HUNDRED (P100.00) PESOS. (11a)

Sec. 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. cralaw

Sec. 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.cralaw

Sec. 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. chan robles virtual law library

Sec. 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. cralaw

Sec. 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.cralaw

Sec. 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 of fees have accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk

shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein. cralaw

Sec. 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. cralaw

The legal fees shall be a lien on any judgment rendered in the case favorable to the indigent litigant unless the court otherwise provides. cralaw

To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the fair value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant’s affidavit. The current tax declaration, if any, shall be attached to the litigant’s affidavit. cralaw

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)

Sec. 20. 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. (18-A)

Sec. 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: chan robles virtual law library

(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: chanroblesvirtuallawlibrary


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


1,000.00 1,200.00 1,400.00 1,600.00


1,250.00 1,500.00 1,750.00 2,000.00


1,875.00 2,250.00 2,625.00 3,000.00


2,190.00 2,630.00 3,070.00 3,500.00


2,500.00 3,000.00 3,500.00 4,000.00


2,820.00 3,400.00 4,100.00 4,700.00


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;

(c) For all types of bonds (cash, surety and property) in criminal and civil cases, FIVE HUNDRED (P500.00) PESOS per each bond; chan robles virtual law library

(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. cralaw

(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: chan robles virtual law library


2004 *

Nov. 11, 2004 to Nov. 10,

2005 **

Nov. 11, 2005 to Nov. 10,

2006 ***


1. Less than P10,000,000.00

P 12,500.00

P 15,000.00

P 17,500.00

P 20,000.00

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


37,500.00 45,000.00 52,500.00 60,000.00


50,000.00 60,000.00 70,000.00 80,000.00


62,500.00 75,000.00 87,500.00 100,000.00


75,000.00 90,000.00 105,000.00 120,000.00

7. P60,000,000.00 or more but not more than P70,000,000.00

87,500.00 105,000.00 122,500.00 140,000.00


100,000.00 120,000.00 140,000.00 160,000.00


112,500.00 135,000.00 157,500.00 180,000.00


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

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. chan robles virtual law library

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. cralaw

(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. cralaw

Sec. 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. chan robles virtual law library

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)