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RULE 142

COSTS

SECTION 1. Costs ordinarily follow results of suitUnless otherwise provided in

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

SEC. 2. When action or appeal dismissed.If an action or appeal is dismissedfor want of jurisdiction or otherwise, the court nevertheless shall have the powerto render judgment for costs, as justice may require.

SEC. 3. Costs when appeal frivolous.Where an action or an appeal is found to

be frivolous, double or treble costs may be imposed on the plaintiff or appellant,which shall be paid by his attorney, if so ordered by the court.

SEC. 4. False allegations.An averment in a pleading made without reasonablecause and found untrue shall subject the offending party to the payment of suchreasonable expenses as may have been necessarily incurred by the other partyby reason of such untrue pleading. The amount of expenses so payable shall befixed by the judge in the trial, and taxed as costs.

SEC. 5. No costs for irrelevant matters.When the record contains anyunnecessary, irrelevant, or immaterial matter, the party at whose instance the

same was inserted or at whose instance the same was printed, shall not beallowed as costs any disbursement for preparing, certifying, or printing suchmatter.

SEC. 6. Attorney's fees as costs.No attorney's fees shall be taxed as costsagainst the adverse party, except as provided by the rules of civil law. But thissection shall have no relation to the fees to be charged by an attorney as againsthis client.

SEC. 7. Restriction of costs.If the plaintiff in any action shall recover a sum notexceeding ten pesos as debt or damages, he shall recover no more costs thandebt or damages, unless the court shall certify that the action involved asubstantial and important right to the plaintiff in which case full costs may beallowed.

SEC. 8. Costs, how taxed.In inferior courts, the costs shall be taxed by themunicipal or city judge and included in the judgment. In superior courts, costsshall be taxed by the clerk of the corresponding court on five days' written noticegiven by the prevailing party to the adverse party. With this notice shall be served

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a statement of the items of costs claimed by the prevailing party, verified by hisoath or that of his attorney. Objections to the taxation shall be made in writing,specifying the items objected to. Either party may appeal to the court from theclerk's taxation. The costs shall be inserted in the judgment if taxed before itsentry, and payment thereof shall be enforced by execution.

SEC. 9. Costs in municipal or city courts.In an action or proceeding pendingbefore a municipal or city judge, the prevailing party may recover the followingcosts, and no other:

(a) For the complaint or answer, two pesos;

(b) For the attendance of himself, or his counsel, or both, on the day of trial, fivepesos;

(c) For each additional day's attendance required in the actual trial of the case,

one peso;

(d) For each witness produced by him, for each day's necessary attendance atthe trial, one peso, and his lawful traveling fees;

(e) For each deposition lawfully taken by him and produced in evidence, fivepesos;

(f) For original documents, deeds, or papers of any kind produced by him,nothing;

(g) For official copies of such documents, deeds or papers, the lawful feesnecessarily paid for obtaining such copies;

(h) The lawful fees paid by him for service of the summons and other process inthe action;

(i) The lawful fees charged against him by the judge of the court in entering anddocketing and trying the action or proceeding.

SEC. 10. Costs in Regional Trial Courts.In an action or proceeding pending ina Regional Trial Court, the prevailing party may recover the following costs, andno other:

(a) For the complaint or answer, fifteen pesos;

(b) For his own attendance, and that of his attorney, down to and including finaljudgment, twenty pesos;

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(c) For each witness necessarily produced by him, for each day's necessaryattendance of such witness at the trial, two pesos, and his lawful traveling fees;

(d) For each deposition lawfully taken by him, and produced in evidence, fivepesos;

(e) For original documents, deeds, or papers of any kind produced by him,nothing;

(f) For official copies of such documents, deeds, or papers, the lawful feesnecessarily paid for obtaining such copies;

(g) The lawful fees paid by him in entering and docketing the action or recordingthe proceedings, for the, service of any process in action, and all lawful clerk'sfees paid by him.

SEC. 11. Costs in Court of Appeals and in Supreme Court. In an action orproceeding pending in the Court of Appeals or in the Supreme Court, theprevailing party may recover the following costs, and no other:

(a) For his own attendance, and that of his attorney, down to and including finaljudgment, thirty pesos in the Court of Appeals and fifty pesos in the SupremeCourt;

(b) For official copies of record on appeal and the printing thereof, and all othercopies required by the Rules of Court the sum actually paid for the same;

(c) All lawful fees charged against him by the clerk of the Court of Appeals or ofthe Supreme Court, in entering and docketing the action and recording theproceedings and judgment therein and for the issuing of all process;

(d) No allowance shall be made to the prevailing party in the Supreme Court orCourt of Appeals for the brief or written or printed arguments of his attorney, orcopies thereof, aside from the thirty or fifty pesos above stated;

(e) If testimony is received in the Supreme Court or Court of Appeals not takenin another court and transmitted thereto, the prevailing party shall be allowed thesame costs for witness fees, depositions, and process and service thereof as hewould have been allowed for such items had the testimony been introduced in aRegional Trial Court;

(f) The lawful fees of a commissioner in an action may also be taxed against thedefeated party, or apportioned as justice requires.

SEC. 12. Costs when witness fails to appear.If a witness fails to appear at thetime and place specified in the subpoena issued by any inferior court, the costs

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of the warrant of arrest and of the arrest of the witness shall be paid by thewitness if the court shall determine that his failure to answer the subpoena waswillful or without just excuse.

SEC. 13. Costs when person cited for examination in probate proceedings.

When a person is cited, on motion of another, to appear before the court to beexamined in probate proceedings, the court may, in its discretion, tax costs forthe person so cited and issue execution therefor, allowing the same fees as forwitnesses in Regional Trial Court.