February 15, 1993

PART VIII
GENERAL PROVISIONS

Rule 40
Fees and Charges

      Section 1. Filing Fees for Election Contests and Quo Warranto. -

1. The filing fees for election contests and quo warranto cases and petitions for certiorari, prohibition or mandamus filed with the Commission are hereby prescribed as follows:
   
   
   1. Election protests and quo warranto cases P500.00 for each interest;
      
      
   2. Counter-protest or protest-in-intervention P500.00.

   Each interest mentioned above shall pay an additional amount of P10.00 as legal research fee in accordance with the provisions of Sec. 4, Republic Act No. 3870, as amended by Presidential Decree No. 200 and Presidential Decree No. 1856.
   
   

2. Cash deposits. - In any protest or counter-protest or protest-in-intervention not requiring ballot revision, the following cash deposits shall be paid by the interested party;
   
   
   1. For each election contest ..... P1,000.00;
      
      
   2. For each counter-protest or protest-in-intervention P1,000.00.
   
   
3. In any protest, counter-protest or protest-in-intervention requiring ballot revision the following cash deposits shall be paid by the interested party:
   
   
   1. For each election contest ..... P5,000.00;
      
      
   2. For each counter-protest or protest-in-intervention P5,000.00.

        The cash deposits prescribed above shall be applied to the payment of all expenses incidental to such protest, counter-protest or protest-in-intervention. When circumstances so demand, additional cash deposits may be required. Any unused balance thereof shall be returned to the protestant, counter-protestant or protestant-intervenor, as the case may be.
   
   

4. In case of revision of ballots, there shall be deposited the sum of P350.00 for every ballot box for the compensation of the revisors at the rate of P100.00 each and as reserve for expenses.
   
   
5. If a claim for damages and attorney's fees are set forth in a protest, counter-protest or protest-in-intervention, an additional filing fee shall be paid at the rate of P300.00 for the first one hundred fifty thousand pesos and P4.00 for every one thousand pesos over the first P150.000.00

      Sec. 2. Filing Fees in Special Actions and Special Proceedings. -

1. The petitioner in any Special Action or Special Proceeding shall pay a filing fee of P500.00.
   
   
2. In every such a case, a legal research fee of P10.00 pursuant to Sec. 4 of Republic Act No. 3870, as amended, shall be paid.
   
   
3. In petition for registration of political parties, organizations or coalition of political parties, there shall be paid an additional sum of P1,000.00 for the certificate of registration.

      Sec. 3. Appeal Fees. - The appellant in election cases shall pay an appeal fee as follows:

1. Election cases appealed from Regional Trial Courts P1,000.00.
   
   
2. Election cases appealed from courts of limited jurisdiction .... P500.00.

      In every case, a legal research fee of P20.00 shall be paid by the appellant in accordance with Sec. 4, Republic Act No. 3870, as amended.

      Sec. 4. Where and When to Pay. - The fees prescribed in Sections 1, 2 and 3 hereof shall be paid to, and deposited with, the Cash Division of the Commission within a period to file the notice of appeal.

      Sec. 5. Filing Fees in Special Cases. -

1. In special Cases the petitioner shall pay a filing fee of P500.00.
   
   
2. In such cases there shall be imposed an amount of P10.00 as legal research fee in accordance with Sec. 4, Republic Act No. 3870, as amended.
   
   
3. Cash Deposit - If in a Special Case a recount of the ballots is required, the Commission or the Division to which the case is assigned, shall order the interested party to make a cash deposit of P2,000.00 with the Cash Division, Administrative Services Department of the Commission, within a period to be fixed in the order. This amount shall be applied to all expenses incidental to the controversy. When circumstances so demand, additional cash deposits may be required.

      Whenever applicable, the revisor's fees fixed on Section 1 (c) above shall be deposited with the Cash Division, Administrative Services Department of the Commission by the party concerned.

      Sec. 6. Legal and Administrative Fees, Service Charges and Costs. - The legal fees, service charges and costs prescribed herein are hereby authorized to be charged and/or collected by the Commissioner for the service, action or proceeding hereinafter mentioned.

      Sec. 7. Legal Fees. - The following legal fees shall be charged and collected:

1. For furnishing certified transcripts of records of copies on any record, decision, ruling or entry of which any person is entitled to demand and receive a copy, per page.... P5.00;
   
   
2. For every certificate not on process, first ten (10) pages.... P50.00 succeeding, per page.... P1.00;
   
   
3. For every search of any record (per page) and reading the same .... P10.00;
   
   
4. For every search of any record (per page) pertaining to election cases and reading the same .... P20.00
   
   
5. For copying (photo or xerox) of any list, document or record using machines of requesting parties, per page.... P0.50
   
   
6. For filing of a motion for reconsideration on a decision, order or resolution.... P300.00
   
   
7. For copying (xerox) of any list, document or records, using the machines and materials of the Commission, per page.... P1.50
   
   
8. For every issuance of a duplicate voter's identification card. ..... P10.00

      The fees and charges prescribed herein shall be reduced by fifty percent (50%) if the purpose of the request is for academic research work.

      The department/office which is the legal custodian of the document/record requested shall be responsible for the copying (xeroxing) thereof and shall certify that it is a coy of the official records of the Commission, and shall affix thereto the seal of the Commission.

      No certified copy of any official record of the Commission shall be issued without the payment of the corresponding fees.

      Sec. 8. Where Fees are to be Paid. - The fees herein before provided shall be paid by the party concerned to the Cash Division, Administrative Service Department of the Commission, at the time of request or demand. If the fees are not paid, the Commission may refuse to take action thereon until they are paid.

      Sec. 9. Fees for Bailiffs, Sheriffs, and Other Persons Serving Process. -

1. For executing any process of the Commission, for each kilometer of travel in the service of process, reckoned from the place of service to the place to which the process is returnable, P1.00, but if the process is executed by a municipal deputy sheriff residing in the municipality where the party served is residing such officer shall receive the fees for the service of process without kilometrage, provided that the party requiring the process shall deposit with the Commission at the time of request the estimated cost of expenses for kilometrage and per diems to be incurred by the Sheriff but more than P1,000.00.
   
   
2. For serving summons and a copy of petition furnished by the petitioner for each respondent, P20.00 but when the respondents reside at the same place, the fee shall be P10.00 for each respondent; and
   
   
3. For serving subpoenas, for each witness served, P5.00 besides travel fees.

      Sec. 10. Fees for Stenographers. - Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) P2.00 for each page of not less than two hundred and fifty words before the case is brought to the Supreme Court on certiorari, and (b) P1.00 for the same page, thereafter.

      Sec. 11. Witness' Fees. - Witnesses in any action in the Commission shall be entitled to P20.00 per day and P1.00 for each kilometer of travel in going to the place of hearing and coming from their homes within the Philippines by the nearest route of usual travel, or in lieu of said mileage, actual travel expenses by the cheapest means of transportation.

      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, if witness is summoned by both sides, to claim his attendance. A person who is compelled to attend the hearing on other business of the Commission shall not be paid as witness.

      Sec. 12. Costs. - Costs shall be allowed to the prevailing party as a matter of course, but the Commission shall have the power, for special reasons, to adjudge the either party shall pay the costs of an action, or that the same be divided, as maybe equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.

      Sec. 13. Costs in Action or Processing. - In an action or proceeding before the Commission, the prevailing party may recover the following cost:

1. For his own attendance, and that of his attorney, down to and including final judgment, one hundred peso (P100.00);
   
   
2. All lawful fees charged against him by the Commission, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all processes;
   
   
3. If testimony is received in the Commission, not taken in another court and transmitted thereto, the prevailing party shall be allowed the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in the lower courts; and
   
   
4. The lawful fees of a commissioner in any action may also be taxed against the defeated party, or apportioned as justice requires.

      Sec. 14. When Action or Appeal Dismissed. - If an action or an appeal is dismissed for want of jurisdiction or otherwise, the Commission nevertheless shall have the power to render judgment for costs, as justice may require.

      Sec. 15. Costs When Action or Appeal Frivolous. - When an action or an appeal is found to be frivolous, double or treble costs may be imposed on the petitioner or appellant, which shall be paid by his attorney, if so ordered by the Commission.

      Sec. 16. Attorney's Fees as Costs. - No Attorney's fees shall be taxed as costs against the adverse party, except as provided by the Civil Code. But this section shall have no relation to the fees to be charged by an attorney as against his client.

      Sec. 17. Costs When Witness Fails to Appear. - If a witness fails to appear at the time and place specified in the subpoena issued by the Commission, the costs of the warrant of arrest of the witness shall be paid by the witness if the Commission shall determine that his failure to answer the subpoena was willful or without just excuse.

      Sec. 18. Non-payment of Prescribed Fees. - If the fees above prescribed are not paid, the Commission may refuse to take action thereon until they are paid and may dismiss the action or the proceeding.

      Sec. 19. Government Exempt. - The Republic of the Philippines is exempt from paying the legal fees provided in this resolution.

      Sec. 20. Collection and Remittances of Legal Research Fee. - The amount collected as legal research fee shall be receipted for as "Legal Research Fund" and shall be immediately remitted to the University of the Philippines.
 

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