Rules of Court 142-143

The Lawphil Project - Arellano Law Foundation
Rules 142-143
COST AND APPLICABILITY

SECTION 1. Cost ordinarily follow results of suit. — Unless otherwise provided in these rules, cost 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 party shall pay the costs of an action, or that the same be divided, as may be equitable. No costs shall be allowed against the Republic of the Philippines unless otherwise provided by law.

Sec. 2. When action or appeal dismissed. — If an action or appeal is dismissed for want of jurisdiction or otherwise, the court nevertheless shall have the power to render judgment for cost, as justice may require.

Sec. 3. Cost when appeal frivolous. — Where an action or appeal is found to be frivolous, double or treble cost 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 reasonable cause and found untrue shall subject the offending party to the payment of such reasonable expenses as may have been necessarily incurred by the other party by reason of such untrue pleading. The amount of expenses so payable shall be fixed by the judge in the trial, and taxed as costs.

Sec. 5. No cost for irrelevant matters. — When the record contains any unnecessary, irrelevant, or immaterial matter, the party as whose instance the same was inserted or at whose instance the same was printed, shall not be allowed as costs any disbursement for preparing, certifying, or printing such matter.

Sec. 6. Attorney's fees as cost. — No attorney's fees shall be taxed as costs against the adverse party, except as provided by the rules of civil law. But this section shall have no relation to the fees to be charged by an attorney as against his client.

Sec. 7. Restriction of cost. — If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more cost than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff in which case full cost may be allowed.

Sec. 8. Costs, how to taxed. — In inferior courts, the costs shall be taxed by the justice of the peace or municipal judge and included the judgment. In superior courts, costs shall be taxed by the clerk of the corresponding court on five days' written notice giving by the prevailing party to the adverse party. With this notice shall be served a statement of the items of the cost claimed by the prevailing party, verified by his oath 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 the clerk's taxation. The costs shall be inserted in the judgment if taxed before its entry, and payment thereof shall be enforced by execution.

Sec. 9. Cost in justice of the peace or municipal courts. — In an action or proceeding pending before a justice of the peace or municipal judge, the prevailing party may recover the following cost, 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, five pesos;

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

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

(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 fees necessarily paid for obtaining such copies;

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

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

Sec. 10. Cost in Court of First Instance. — In an action or proceeding pending in a Court of First Instance, the prevailing party may recover the following costs, and no other:

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

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

(c) For each witness necessarily produced by him, for each day's necessary attendance 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, five pesos;

(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 fees necessarily paid for obtaining such copies;

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

Sec. 11. Costs in Court of Appeals and in Supreme Court. — In an action or proceeding pending in the Court of Appeals or in the Supreme Court, the prevailing party may recover the following costs, and no other:

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

(b) For official copies of record on appeal and the printing thereof, and all other copies 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 of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process;

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

(e) If testimony is received in the Supreme Court or Court of Appeals not taken in another court and transmitted thereto, the prevailing party shall be allowed the same cost for witness fees, depositors, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance;

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

Sec. 12. Costs when witness fails to appear. — If a witness fails to appear at the time and place specified in the subpoena issued by any inferior court, the cost of the warrant of arrest and of the arrest of the witness shall be paid by the witness if the court shall determine that his failure to answer the subpoena was wilful or without just excuse.

Sec. 13. Costs when the person cited for examination in probate proceedings. — When a person is cited, on motion of another, to appear before the court to be examined in probate proceedings, the court may, in its discretion tax costs for the person so cited and issue execution therefor, allowing the same fees as for witnesses in Courts of First Instance.

RULE 143

APPLICABILITY OF THE RULES

These rules shall not apply to land registration, cadastral and election cases, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.

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