DOJ Imposes Legal Fees for Criminal Cases
October 26, 2004
The Department of Justice announces the collection of legal fees for criminal cases filed before Offices of the Chief State Prosecutor, Regional State Prosecutors, Provincial and City Prosecutors.
The collection of fees is provided for in Republic Act 9279 and its Implementing Rules and Regulations or the Act Granting Additional Compensation in the Form of Special Allowances for Members of the National Prosecution Service and State Counsels of the Department of Justice and for Other Purposes.
In Department Circular No. 42, Justice Secretary Raul Gonzalez directed all prosecutors to assess and collect legal fees for cases filed before their respective offices.
Please see Schedule of Fees below:
NATIONAL PROSECUTION SERVICE
SCHEDULE OF LEGAL FEES*
A. CRIMINAL COMPLAINTS - FEES
1. ESTAFA/VIOLATION OF TRUST RECEIPT LAW
BUSINESS SCAM/FINANCIAL FRAUD
Amount of Damage:
Up to P50,000.00 P150.00
Over 50,000.00 200.00
Over 100,000.00 300.00
Over 150,000.00 400.00
Over 200,000.00 500.00
Over 250,000.00 600.00
Over 300,000.00 700.00
Over 350,000.00 800.00
Over 400,000.00 900.00
Over 500,000.00 1,000.00
Additional P10.00 for every P1,000.00
2. LIBEL 1,000.00
3. RECKLESS IMPRUDENCE 200.00
4. ORAL DEFAMATION 200.00
5. MALICIOUS MISCHIEF/ALL OTHER CASES
WITH DAMAGES 200.00
6. QUALIFIED THEFT 200.00
7. CARNAPPING 500.00 for trucks,
cars & motorcycles; 1,000.00
for buses
8. VIOLATION OF BP 22 50% of fees for estafa; if
filed w/estafa, no charge
9. VIOLATION OF R.A. 7832 (Electric Pilferage) 2,000.00
10. VIOLATION OF SSS/PAG-IBIG LAWS 5% of collectible amount
11. ILLEGAL RECRUITMENT 100.00
12. VIOLATION OF R.A. 8041 (Water Pilferage) 1,000.00
13. INTELLECTUAL PROPERTY LAW 5,000.00
14. VIOLATION OF SUBDIVISION/CONDOMINIUM
LAW 300.00
15. VIOLATION OF P.D. 1083 (code of Muslim
Personal Laws) 500.00
B. APPEAL/PETITIONS FOR REVIEW
1. TO THE REGIONAL STATE PROSECUTORS 500.00
2. MOTION FOR RECONSIDERATION OF THE
RESOLUTION OF REGIONAL STATE PROSECUTORS 300.00
3. TO THE CHIEF STATE PROSECUTOR/SECRETARY 1,000.00
4. MOTION FOR RECONSIDERATION OF THE RESOLUTION
OF THE CHIEF STATE PROSECUTOR/SECRETARY 500.00
C. MOTION/PLEADINGS ETC. FOR
CONSIDERATION OR COMMENT OF
PROSECUTORS
1. MOTION TO REDUCE BAIL 100.00
2. MOTION FOR RELEASE OF MOTOR VEHICLES 200.00
3. AFFIDAVIT OF DESISTANCE 500.00 (Prosecutor’s Office);
500.00 (RTC); 300.00 (MTC)
4. MOTION FOR POSTPONEMENT IN
PRELIMINARY INVESTIGATION 100.00
5. MOTION FOR RLEASE OF CASH BOND 100.00
6. MOTION FOR RECONSIDERATON OF RESOLUTION
IN PRELIMINARY INVESTIGATION 500.00
7. MOTION FOR REINVESTIGATION 500.00
8. MOTION FOR INHIBITION OF PROSECUTOR 200.00
D. CLEARANCE ISSUED FOR:
1. LOCAL EMPLOYMENT 50.00
2. FOREIGN EMPLOYMENT 100.00
3. FOREIGN TRAVEL 200.00
4. FIREARM LICENSE 1,000.00
5. PERMIT TO CARRY FIREARMS 500.00
6. BUSINES PERMIT 300.00
7. RETIREMENT/RESIGNATION 100.00
E. OTHER SERVICES
1. MEDIATION/CONCILIATION 500.00
2. SPECIAL PROCEEDINGS REQUIRING APPEARANCE
OF PROSECUTORS 500.00
3. ADMINISTRATION OF OATH 50.00
4. CERTIFICATION RE STATUS OF CASES, TRUE COPY
OF DOCUMENTS, EXHIBIT, ETC. 30.00+2.00/page in
excess of 3 pages
*Indigent litigants, the Republic of the Philippines, its agencies and instrumentalities other than government-owned and -controlled corporations, are exempted from the payment of legal fees.
September 14, 2004
DEPARTMENT CIRCULAR NO. 42
TO : ALL CONCERNED
SUBJECT : COLLECTION OF LEGAL FEES BY THE
NATIONAL PROSECUTION SERVICE
Pursuant to the provisions of Republic Act No. 9279 and its Implementing Rules and Regulations, the attached Schedule of Legal Fees by the National Prosecution Service is hereby adopted.
The Offices of the Chief State Prosecutor, Regional State Prosecutors, Provincial and City Prosecutors are directed to assess and collect legal fees stated therein.
The Office of the Chief State Prosecutor is hereby authorized to formulate and issue guidelines to carry out this Department Circular.
This Department Circular shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.
RAUL M. GONZALEZ
Secretary
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