Ibp Cebu City and Province Schedule of Fees

IBP Cebu City and Province Schedule of Fees

INTEGRATED BAR OF THE PHILIPPINES

Cebu City Chapter

IBP Building, Capitol Compound, Cebu City

JOINT RESOLUTION No.06-2005

A JOINT RESOLUTION ADOPTING THE MINIMUM ATTORNEY'S FEES SCHEDULE OF THE INTEGRATED BAR OF THE PHILIPPINES (IBP) CEBU CITY CHAPTER AND PROVICNE CHAPTERS

WHEREAS, rule 20.01 of Canon 20 of the Code of Professional Responsibility provides the various factors in determining the attorney's fees;

WHEREAS, One of the factors thereof as provided in paragraph (f) is the customary charges for similar services and the schedule of fees of the IBP chapters to which the lawyer belongs;

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IBP Cebu City and Province Schedule of Fees

WHEREAS, Section 14 of the Chapter By- Laws of the IBP provides that the chapter may adopt such rules and regulations as it shall see fit, including a minimum attorney's fees schedule;

WHEREAS, Both the Cebu City and Province of Cebu IBP chapters feel the need to update the Minimum Attorney's fees Schedule published in the year 1999;

RESOLVED, that the Cebu City and Province of Cebu IBP chapters hereby adopt the following:

MINIMUM ATTORNEY'S FEES SCHEDULE

I. Consultation and Retainership

1. Plain Consultation

P500.00 per hour

2. Consultation with Written Advice or Opinion P1,000.00 or P500.00

per page

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IBP Cebu City and Province Schedule of Fees

3. Research or Preliminary Study

4. Preparation of Attorney's Letter

5. Retainership Agreement

P500.00 per hour

P500.00

P2,000.00 month

II. Notarial Fees

1. Preparation, review Subscribing of simple Affidavits (Jurat)

P500.00

2. Preparation, review and Authentication of Documents or statements P500.00

3. Preparation, review and Acknowledgment of

Powers of Attorney or Ordinary documents

P1,000.00

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IBP Cebu City and Province Schedule of Fees

The foregoing fees refer to the notarization only and exclude the additional charge for legal services rendered in the formulation and preparation of the said documents.

III. Contracts or Agreements

1. Preparation and Acknowledgment of Contracts or Agreement of Sale- 1% of the actual

donations interv vivos or mortis causa, lease,assignment, consideration or fair

mortgage and foreclosure, antichresis, extrajudicial partition, market value of the property, or settlement of estate, easement and other deeds of property involved conveyancing involving real or person property whichever is higher but not less than P1,000.00

2. Preparation and acknowledgment of deeds, contracts or agreement not involving the conveyancing of real or personal property - P1,000.00

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IBP Cebu City and Province Schedule of Fees

IV. Corporation And Partnership

1. Registration of Articles of Incorporation and by-Laws of a corporation ( Stock or non-Stock)

a. With Express Lane Form

b. Without Express Lane Form

P7,500.00

P15,000.00

2. Registration of Articles of Partnership

a. With Express Lane Form

b. Without Express Lane form

P5,000.00

P10,000.00

3. Registration of Amended Articles of incorporation or By-Laws P5,000.00 of a Corporation or Amended Articles of partnership

4. Engagement in cases or other matters before the Securities P10,000.00 and Exchange Commission

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IBP Cebu City and Province Schedule of Fees

5. Preparation and notarization of Resolutions of corporations P500.00 or partnerships, certification, and Minutes of meetings

6. Appointment as Corporate Secretary

P2,000.00 a month

V. Acceptance Fees

Written contract shall control the amount to be paid for legal services (Sec. 24, Rule 138, Revised Rules of Court). Generally a contract of professional services may either be oral or in writing. The fees stipulated may be absolute or contingent; it may for a fixed percentage of any amount recovered in the action. The contract may call for a down payment; it may be a combination of these arrangements; (Agpalo Legal ethics, 80 ed., p 321).

For Acceptance fee, the following minimum schedule is recommended:

A. Civil Case

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IBP Cebu City and Province Schedule of Fees

1. Municipal Circuit Trial Court, Municipal Trial Court and Municipal Trial Court in Cities;

a. Exercise of original, delegated, special jurisdiction P10,000.00 proceedings

and special

2. Regional Trial Court:

a. Exercise of exclusive or concurrent jurisdiction P20,000.00

b. Exercise of appellate jurisdiction

P25,000.00

3. Court of Appeals:

a. Exercise of original (exclusive or concurrent with SC and RTC P35,000.00

jurisdiction

b. Exercises of Appellate (ordinary appeal or appeal by petition P35,000.00 for Review) jurisdiction

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IBP Cebu City and Province Schedule of Fees

c. Petitions for review from the RTC in cases appealed thereto P35,000.00 from the lower courts

4. Supreme Court:

a. Exercise of original (exclusive or concurrent with CA or RTC) P50,000.00 jurisdiction, such as petitions for certiorari, prohibition, mandamus under Rule 65, habeas corpus and quo warranto

b. Exercise of appellate jurisdiction such as petitions for review P50,000.00 under Rule 45

certiorari

B. Criminal Cases:

1. Municipal circuit Trial Court, Municiapl Trial Court and Municiapl trial Court in Cities

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IBP Cebu City and Province Schedule of Fees

a. Exercise of exclusive original jurisdiction

P15,000.00

2. Regional Trial Court

a. Exercise of exclusive original jurisdiction

P25,000.00

b. Exercise of exclusive appellate jurisdiction P25,000.00

3. Sandiganbayan

a. Exercise of exclusive original jurisdiction

P35,000.00

b. Exercise of exclusive appellate jurisdiction P35,000.00

c. Petition for review

4. Courts of Appeals

P35,000.00

P35,000.00

a. Exercise of original (exclusive or concurrent with SC

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IBP Cebu City and Province Schedule of Fees

and RTC jurisdiction

b. Exercise of exclusive appellate jurisdiction (by appeal P35,000.00

or by petition for review

5. Supreme Court

a. Exercise of original (exclusive or concurrent with CA P50,000.00

or RTC) jurisdiction

b. Exercise of exclusive appellate (by appeal or petiiton for P50,000.00

review on certiorari)

C. Administrative Cases:

1. Quasi-judicial agencies in the exercise of their original quasi- P20,000.00 functions

judicial

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IBP Cebu City and Province Schedule of Fees

2. Quasi- judicial agencies in the exercise of their appellate P25,000.00 functions

quasi- judicial

VI. Appearance Fees

A. Before the Courts:

1. Municipal Circuit Trial Court, Municipal Trial Court and P1,500.00 or P800 per hour Municipal Trial Court in Cities

2. Regional Trial Court

3. Sandiganbayan

4. Courts of Appeal

P2,000.00 or P1,000.00 per hour

P5,000.00 or P1,000.00/hr

P5,000.00 or P1,500.00/hr

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IBP Cebu City and Province Schedule of Fees

5. Supreme Court

P10,000.00 or P2,000.00/hr

B. Before: Labor Agencies or offices

1. Labor Arbiter

P1,000.00

2. DOLE Regional Office, NCMB, BLR, Voluntary Arbitrator, POEA P1,000.00

3. National Labor Relations Commission

P1,500.00

C. Before the Ombudsman and the DOJ Prosecution Service

1. Ombudsman

P1,000.00

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IBP Cebu City and Province Schedule of Fees

2. Office of the City or Provincial Prosecutor

3. Office of the Regional State Prosecutor

P1,000.00

P1,500.00

D. Before other Administrative Agencies

1. DAR,BI, CSC, COMELEC,ECC, ERC,HLURB,LTFRB,NTC,PRC,SSS P1,000.00 LRA, CAB, GSIS, OIC, BOI, and others

E. Other Engagement Fees

1. Negotiation and Execution of Collective Bargaining Agreement P10,000.00 or 1,000/hr

2. Petition for Injunction before the NLRC

P25,000.00

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IBP Cebu City and Province Schedule of Fees

3. Petition for Assumption or Certification of Labor dispute before the

DOLE Secretary

P50,000.00

4. Naturalization proceeding

P50,000.00

5. Election Protest and others proceedings

P50,000.00

6. Testate or Instate Proceedings

a. With Opposition

P30,000.00 or 10% of

the fair market value of

the property whichever

is higher

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IBP Cebu City and Province Schedule of Fees

b. Without Opposition

P20,000.00 or 5% of

the fair market value of

whichever value is higher

7. Land Registration

P20,000.00 or 5% of

the fair market value of

the property whichever

is higher

8. Registration of Patents, Trademarks and Copyrights P30,000.00

9. Voluntary Arbitration

P10,000.00

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IBP Cebu City and Province Schedule of Fees

10. Investigative Commissions and Bureau and

11. Immigration Proceedings

12. Other Engagements

P10,000.00 Law Enforcement Agencies

P10,000.00

P10,000.00

VIII. APPLICABLE PROVISIONS

1. The foregoing Minimum Attorney's fees Schedule shall not be construed as fixing the minimum fee or the reasonable fee to be charged in any given case or situation.

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IBP Cebu City and Province Schedule of Fees

2. An Attorney shall be entitled to have and recover from his client reasonable compensation for his services with a view to the importance of the subject matter of the controversy, the extent of the services rendered and the professional standing of the attorney.

3. A contract for a contingent fee, where sanctioned by law, should be reasonable under all the circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of a court, as to its reasonableness.

4. The Client shall bear all the expenses and cost of litigation. A lawyer may not properly agree with a client that the lawyer shall pay or bear the expenses of litigation; he may in good faith advance expenses as a matter of convenience, but subject to reimbursement.

5. In fixing fees, it should not be forgotten that the legal professional is a branch in the administration of justice, not a mere money-getting trade

6. Member who stubbornly refused to follow the foregoing Minimum fee schedule shall reported to the IBP National office for disciplinary action.

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IBP Cebu City and Province Schedule of Fees

7. Pro bono cases may allow the lawyer to receive payment from the client to cover the office expense and other actual incurred by the lawyer.

8. The foregoing Minimum Attorney’s Fees Schedule supersedes previous Minimum Attorney’s Fees Schedule.

9. Adopted by the 16 th Board of Officers of the IBP Cebu Province and Cebu City Chapters on February 9,2005 at Baseline Restaurant, Cebu City, Philippines.

APPROVED:

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IBP Cebu City and Province Schedule of Fees

For IBP Cebu City Chapter:

DEMOCRITO C. BARCENAS

President

For IBP Cebu Province Chapter:

MANUEL M. MONZON

President

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IBP Cebu City and Province Schedule of Fees

Attested

Attested:

MICHELLE GERALDINE G. MENDEZ Cecilia J. Adlawan

Secretary

Secretary

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