INTEGRATED BAR OF THE PHILIPPINES Cebu Province & Cebu City Chapters IBP Building, Capitol Compound, Cebu City JOINT RESOLUTION ADOPTING THE 2012 STANDARD MINIMUM ATTORNEY'S FEES ‘SCHEDULE OF THE INTEGRATED BAR OF THE PHILIPPINES (BP) CEBU CITY AND CEBU PROVINCE CHAPTERS: JOINT RESOLUTION NO. 01-2012 _ 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 (fis the customary charges for similar services and the schedule of fees of the IBP chapters to which the lawyer belongs; 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, in view of the continuous increase in fuel prices and of basic commodities thereby adversely affecting the corresponding office maintenance and other related expenses in rendering legal services, both the IBP Cebu City and Cebu Province Chapters feel the need to update the Minimum Attorney's Fees Schedule published in the year 2005, and to accordingly rename it as the 2012 Standard Minimum Attorney's Fees Schedule; RESOLVED, that the IBP Cebu City and Cebu Province Chapters hereby adopt the following: 2012 STANDARD MINIMUM ATTORNEY'S FEES SCHEDULE |. Consultation and Retainership $ 1. Plain Consultation - P=500.00 per hour 2. Consultation with Written Advice or Opinion — P=1,000.00 or P=500.00 per page 3. Research or Preliminary Study — P=500.00 per hour 4. Preparation of Attorney's Letter — P=800.00 5. Retainership Agreement — P=5,000.00 per month ‘i. Simple Documents 1. Preparation & Notarization of simple Affidavits (Jurat) - P=500.00 2. Authentication of Documents or statements ~ P=500.00 3. Acknowledgment of Powers of Attorney or Ordinary documents — P=1,000.00 NOTE: The foregoing fees in items No. 2 and 3 refer to notarization only and exclude the additional charge for legal services rendered in the formulation and preparation ofthe said documents. Ill. Contracts or Agreements 1. Preparation and Acknowledgment of Contracts or Agreement of Sale — One percent (1%) of the actual donations inter vivos or mortis causa, lease,assignment, consideration or fairmortgage and foreclosure, antichresis, usufruct, extrajudicial partition, market value of the property, or settlement of estate, easement and other deeds of property involved conveyancing involving real or personal property whichever is higher but not less than P=1,000.00 2. Preparation and acknowledgment: of deeds, contracts or agreement not involving the conveyancing of real or personal property ~ P=1,000.00 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 - P=10,000.00 . Without Express Lane Form ~ P=50,000.00 2. Registration of Articles of Partnership ‘a. With Express Lane Form ~ P=7,500.00 b. Without Express Lane form — P=15,000.00 3, Registration of Amended Artices of incorporation or By-Laws of a Corporation or Amended Articles of partnership — P=5,000.00 4. Engagement in cases or other matters before the Securities and Exchange Commission P=20,000.00 5. Preparation and notarization of Resolutions of corporations or partnerships, certification, and Minutes of meetings ~ P=1,000.00 6. Appointment 35 Corporate Secretary ~ P=5,000.00 a month 7. Registration of Articles of Incorporation and by-laws with PEZA Registration - P=100,000.00 ~ 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 be 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, 8th Ed., p 321). For the acceptance fee, the following standard schedule is recommended: A. Civil Case 1, Municipal Circuit Trial Court, Municipal Trial Court and Municipal Trial Court in Cities: a. -Exercise of original, delegated, special jurisdiction and special ings — +See i special proceedings 2. Regional Trial Court: 1. Exercise of exclusive or concurrent jurisdiction — P=40,000.00 . Exercise of appellate jurisdiction — P=45,000.00 3. Court of Appeals a. Exercise of original (exclusive or concurrent with SC and RTC jurisdiction) — P=50,000.00 b. Exercises of Appellate jurisdiction (ordinar lor appeal by Petition for Re - PET O000 ( ry appeal peal by ion for Review) ©. Petitions for Review from the RTC in cases appealed thereto from the lower courts — P=50,000.004, Supreme Court a. Exercise of original (exclusive or concurrent with CA or RTC) jurisdiction, such as petitions for certiorari, prohibition, mandamus under Rule 65, habeas corpus and quo warranto - P=100,000.00 'b. Exercise of appellate jurigdiction such as Petitions for Review on Certiorari under Rule 45 - P=100,000.00 , B. Criminal Cases: 4, Municipal Circuit Trial Court, Municipal Trial Court and Municipal Trial Court in Cities: a. Exercise of exclusive original jurisdiction ~ P=30,000.00 2, Regional Trial Court a. Exercise of exclusive original jurisdiction ~ P=50,000.00 b. Exercise of exclusive appellate jurisdiction ~ P=50,000.00 3. Sandiganbayan: a. Exercise of exclusive original jurisdiction ~ P=70,000.00 b. Exercise of exclusive appellate jurisdiction — P=70,000.00 «. Petition for Review ~ P=70,000.00 4. Courts of Appeals: a. Exercise of original (exclusive or concurrent with SC and RTC jurisdiction) — P=75,000.00 b. Exercise of exclusive appellate jurisdiction (by appeal or by Petition for Review) — P=75,000.00 5. Supreme Court a. Exercise of original (exclusive or concurrent with CA or RTC) jurisdiction - 100,000.00 b. Exercise of exclusive appellate (by appeal or Petition for Review on Certioran) ~ P=100,000.00 C. Administrative Cases: 1. Quasijudicial agencies in the exercise of their original quasi-judicial functions ~ P=40,000.00 2, Quasijudicial agencies in the exercise of their appeliate quasi-judicial functions — P=50,000.00 D. Special Proceedings: 1. Petitions for change of name/correction of entries ~ P=30,000.00 2. Domestic adoption ~ P=50,000.00 3. Adoption involving foreigners ~ P=100,000.00 Appearance Fees A. Before the Courts: 1. Municipal Circuit Trial Court, Municipal Trial Court and Municipal Trial Court in Cities — P=1,500.00 or P800 per hour 2. Regional Trial Court — P=3,000.00 or P=1,000.00 per hour 3. Sandiganbayan ~ P=5,000.00 or P=1,000.00 per hour 4. Court of Appeals — P=5,000.00 or P=1,500.00 per hour5. Supreme Court — P=10,000.00 or P=2,000.00 per hour B, Before: Labor Agencies or offices: 1. Labor Arbiter — P=1,500.00 “ 2, DOLE Regional Office, NCMB, BLR, Voluntary Arbitrator, POEA ~ P=1,500.00 3. National Labor Relations Commission ~ P=2,500.00 C. Before the Ombudsman and the DOJ Prosecution Service: 1. Ombudsman - P=2,000.00 2, Office of the City or Provincial Prosecutor - P=2,000.00 3. Office of the Regional State Prosecutor — P=3,000.00 D. Before other Administrative Agencies: 1. DAR.BI, CSC, COMELEC, ECC, ERC,HLURB,LTFRB,NTC,PRC,SSS, LRA, CAB, GSIS, OIC, BOI, and others - P=1,500.00 E. Other Engagement Fees: 1, Negotiation and Execution of Collective Bargaining Agreement — P=20,000.00 or 1,000 hour 2. Petition for Injunction before the NLRC ~ P=35,000.00 3. Petition for Assumption or Certification of Labor dispute before the DOLE Secretary — P=50,000.00 4, Naturalization proceeding ~ P=100,000.00 5. Election Protest and others proceedings ~ P=100,000.00 6. Testate or Instate Proceedings: ‘a. With Opposition — P=100,000.00 or 10% of the fair market value of the property whichever is higher 'b. Without Opposition — P=50,000.00 or 5% of the fair market value of whichever value is. higher : 7. Land Registration — P=100,000.00 or 5% of the fair market value of the property whichever is higher 8, Petition for Reconstitution of Title ~ P=50,000.00 9. Petition for Issuance of New Owner's Duplicate Certificate of Title ~ P=30,000.00 410. Registration of Patents, Trademarks and Copyrights ~ P=100,000.00 114. Voluntary Arbitration — P=30,000.00 12. investigative Commissions, Bureau and Law Enforcement Agencies ~ P=30,000.00 13, Immigration Proceedings ~ P=30,000.00 14,Other Engagements — P=30,000.00 Vill, APPLICABLE PROVISIONS 1. The foregoing Standard Attomey's Fees Schedule shall not be construed as fixing the standard fee or the reasonable fee to be charged in any given case or situation. 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 ail the Circumstances of the case including the risk and uncertainty of the compensation, but should always be subject to the supervision of the 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 profession is @ branch in the administration of justice, not a mere money-getting trade. 6. A member who stubbornly refuses to follow the foregoing standard fee schedule shail reported to the IBP National Office for appropriate disciplinary action. 7. Pro bono or legal aid cases may allow the lawyer to receive payment from the client to cover for the office expenses and other actual costs incurred by the lawyer. 8. The foregoing Standard Attorney's Fees Schedule supersedes all previous Attomey's Fees Schedule. Jointly Adopted and Approved by the 20" Board of Officers of the IBP Cebu Province and Cebu City Chapters on the 9” day of October 2012 in Cebu City, Philippines.8 The foregoing Standard Attorney's Fees Schedule supersedes all previous Attorney's Fees Schedule. any Aopen poproved 2m 20" Board of Officers of the IBP Cebu Province and Cebu City Chapters on the 9" day of Octobér 2012 In Cebu City, Philippines. IBP CEBU CITY CHAPTER , - IBP CEBU PROVINCE CHAPTER wether t neg ELAINE T. BATHAN Vice President Te} ‘Secretary RM Shtonno & BECRMINO Treasurer & Third Delegate peo Audit ry JOEL M. SENO Director "F 5 wdc & Pace Director BERNIDO RAMSEY M. QUIJANO t te Past/President Immediate Past President