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September 14, 2004
DEPARTMENT CIRCULAR NO. 42
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.
The Department Circular shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation.
RAUL M. GONZALEZ
Secretary
NATIONAL PROSECUTION SERVICE
SCHEDULE OF LEGAL FEES * |
A. CRIMINAL COMPLAINTS |
FEE |
1. ESTAFA/ VIOLATION OF TRUST RECEIPT LAW / BUSINESS SCAM / FINANCIAL FRUAD |
|
Amount of Damage: |
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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 |
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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 |
5,00.00 for trucks, cars and motorcycle; 1,000 for buses |
8. VIOLATION OF B.P. 22 |
50% of fees for estafa; if filed w/ estafa , no charges |
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. APPEALS / PETITION FOR REVIEW |
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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. MOTIONS / PLEADINGS ETC. FOR CONSIDERATION OR COMMENT OF PROSECUTORS |
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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 RELEASE OF CASH BOND |
100.00 |
6. MOTION FOR RECONSIDERATION OF RESOLUTION IN PRELIMINARY INVESTIGATION |
500.00 |
7. MOTION FOR REINVESTIGATION |
500.00 |
8. MOTION FOR INHIBITION OF PORSECUTOR |
200.00 |
| D. CLEARANCES ISSUED FOR: |
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1. LOCAL EMPLOYMENT |
50.00 |
2. FOREIGN EMPLOYMENT |
100.00 |
3. FOREIGN TRAVEL |
200.00 |
4. FIREARMS LISCENSE |
1,000.00 |
5. PERMIT TO CARRY FIREARMS |
500.00 |
6. BUSINESS PERMIT |
300.00 |
7. REITREMENT / RESIGNATION |
100.00 |
| E. OTHER SERVICES |
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1. MEDIATION |
500.00 |
2. SPECIAL PROCEEDINGS REQUIRING APPEARANCE OF PROSECUTOR |
500.00 |
3. ADMINISTRATION OF OATH |
50.00 |
4. CERTIFICATION RE: STATUS OF CASES, TRUE COPY OF DOCUMENTS, EXHBITS 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 corporation, are exempted from the payment of legal fees. |
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