Integrated Bar of the Philippines

DAVAO CITY CHAPTER

REVISED SCHEDULE OF MINIMUM ATTORNEY’S FEES

(Effective July 1, 2018)

WHEREAS, Canon 20 of the Code of Professional Responsibility

provides that a lawyer shall charge only fair and reasonable fees;

WHEREAS, Rule 20.01 of Canon 20 of the said Code provides that a

lawyer shall be guided by the following factors in determining his fess : a)the
time spent and the extent of the services rendered or required; b) the
novelty and difficulty of the questions involved; c) the importance of the
subject matter; d) the skills demanded; e) the probability of losing other
employment as a result of acceptance of the proffered case; f) the
customary charges for similar services and the schedule of fees of the IBP
Chapter to which he belongs; g) the amount involved in the controversy and
the benefits resulting to the client from the service; h) the contingency or
certainty of compensation; i) the character of the employment, whether
occasional or established; and j) the professional standing of the lawyer;

WHEREAS, the By-laws of the IBP Davao City Chapter provides under
Section14 and Section15 thereof, viz:

"SEC. 14. Rules and regulations. - The Chapter may adopt

such rules and regulations as it shall see fit, including a
minimum attorney's fees schedule, not inconsistent with these
by-laws the By-Laws of the Integrated Bar, and the
Integration Rule.

“All rules and regulations shall be binding upon all members

of the Integrated Bar who render legal services of any kind
within the territorial boundaries of the Chapter.”

“SEC. 15. Minimum attorney's fees schedule. - Any minimum

attorney's fees schedule adopted shall not be construed as fixing
the maximum fee or the reasonable fee to be charged in any
given case or situation. Any fees schedule and all amendments
thereto shall become effective immediately, but maybe modified
or disapproved by the Board of Governors, and shall be filed with
the Secretary of the Integrated Bar. The Secretary of the Chapter
shall send copies of fees schedules and all amendments thereto
to the Secretaries of all other Chapters and the Board of
Governors."

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 WHEREAS, the Chapter has an existing Schedule of Minimum
Attorney's Fees which took effect on January 1, 2014;

WHEREAS, in view of changed economic conditions, the Chapter

formed a Committee to propose changes in or amendments to the existing
Schedule of Minimum Attorney’s Fees;

WHEREAS, the Committee has proposed the following Revised

Schedule of Minimum Attorney’s Fees:

REVISED SCHEDULE OF MINIMUM ATTORNEY'S FEES

The schedule of minimum attorney's fees operates as a

guide of what would be a reasonable minimum and should not be
construed as the fixed minimum as the lawyer is guided by several
factors in determining his fees. Adequate compensation is
necessary to enable the lawyer to serve his client effectively and
efficiently and to preserve the integrity and independence of the
legal profession.

While the practice of law is not a business, a lawyer is

entitled to be duly compensated for the professional services
rendered. The engagement contract shall prevail and control the
amount for the professional services. The lawyer and the client
may agree on the basis of the fees of the legal services and all the
other details of the engagement.

A. ACCEPTANCE FEES

1.CIVILCASES

a. Ordinary civil actions for sums of money, 10% of the amount

damages, recovery of property and other involved but not
ordinary civil actions. lower than:
MTCC-PhP
25,000.00
RTC-PhP
50,000.00
CA-PhP75,000.00
SC-PhP
100,000.00
b. Civil actions with ancillary or provisional 10% of the amount
remedies such as attachment, injunction, involved or the
receivership, delivery of personal property, value of the
support pendente lite. property involved

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 but not lower than:
MTCC-
PhP25,000.00
RTC-
PhP50,000.00
CA-PhP75,000.00
SC-
PhP100,000.00
c. Civil actions for interpleader, declaratory RTC-PhP
relief, certiorari, prohibition, mandamus, quo 50,000.00
warranto, eminent domain and habeas CA-PhP 75,000.00
corpus. SC-PhP
100,000.00

d. Civil actions for foreclosure of mortgage 10% of the amount

and partition. involved but not
lower than:
MTCC-PhP
25,000.00
RTC-PhP
50,000.00
e. Actions for forcible entry and unlawful PhP 50, 000.00
detainer
f. Actions for annulment of PhP100,000.00
marriage/declaration of nullity of marriage

2. CRIMINAL CASES

a. Criminal cases within the jurisdiction of the PhP50,000.00

MTCC/MTC
b. Criminal cases within the jurisdiction of the
RTC/Sandiganbayan/Court of Tax Appeals
i. for offenses where the imposable
penalty is more than 6 years. PhP 75,000.00
ii. For non-bailable offenses PhP 100,000.00

3. SPECIAL PROCEEDINGS

a. Actions for settlement of estate of a 10% of the value of

deceased person, allowance or disallowance the gross estate
of a will, letters of administrations. but not less than
PhP100,000.00
b. Actions for Escheat, Guardianship, Trustee, PhP50,000.00

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 Change of Name, Dissolution of Family Home,
Declaration of Absence, Cancellation or
Correction of Entries in the Civil Registry

c. Contempt Proceedings:
i. Criminal PhP75,000.00
ii. Civil PhP50,000.00
d. Adoption:
i. Domestic PhP 50,000.00
ii. Inter-country PhP 100,000.00
e. Actions for Naturalization PhP 100,000.00

4. ADMINISTRATIVE AND QUASI-JUDICIALCASES:

a. Actions before administrative and quasi- PhP 30,000.00

Judicial bodies
b. Appeals before administrative and quasi- PhP 50,000.00
Judicial bodies.

B.FEES FOR PREPARATION OF PLEADINGS, MOTIONS AND

JUDICIAL
AFFIDAVITS

a. Position Paper/Memorandum in PhP

administrative cases 10,000.00

b. Position Paper/Memorandum in civil and PhP

criminal cases 15,000.00

c. Brief or Memorandum in appealed civil and PhP

criminal cases 20,000.00
d. Motions
i. Litigious Motions PhP
ii. Non-litigious Motions 10,000.00
Php 5,
000.00
e. Motions for Reconsideration of judgments PhP
and final orders 10,000.00

f. Judicial Affidavit
i. Short (not more than 10 pages) PhP
ii. Long (more than 10 pages) 5,000.00
PhP
10,000.00

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 g. Affidavits in relation to preliminary investigation
in criminal cases :
i. Affidavit Complaint for MTCC/MTC cases PhP10,000.0
ii. Affidavit Complaint for RTC cases 0
iii. Counter-Affidavit for MTCC/MTC cases PhP15,000.0
iv. Counter-Affidavit for RTC cases 0
PhP10,000.0
0
PhP15,000.0
0

C. APPEARANCE FEE/ REPRESENTATION FEES

a. Appearance/representation fee for PhP3,000.00

hearings, meetings, conferences, ocular per
inspections, and other legal engagements in appearance/
Davao City where the lawyer resides attendance
b. Appearance/representation fee for PhP5,000.00
hearings, meetings, conferences, ocular per
inspections, and other legal engagements appearance/
outside Davao City but within Davao attendance
Provinces P4,000.00
c. Appearance/representation fee for hearings, PhP7,000.00
meetings, conferences, ocular inspections and per
other legal engagements outside Davao appearance/
provinces/region P5,000.00 attendance

Transportation, hotel accommodation and meal

expenses to be charged to client.

D. FEES FOR CONSULTATIONS, DOCUMENTATION AND

TRANSACTIONAL
WORKS

a. Consultation
i. Brief consultation (less than 1 hour) PhP 500.00
ii. Long consultation (more than 1 hour) PhP1,000.00
per hour
b. Services for out-of- court settlement and/or 10% of the
collections amount
involved or
collected

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c. Consultation or advice relating to a PhP1,500.00
pending case or proceeding per hour
d. Issuance of certified true copies of any PhP500.00
document on file with the office of the lawyer
e. Notarization of already prepared affidavits and PhP300.00
similar documents
f. Notarization of already prepared PhP1,000.00
legal instruments, except for instruments stated
below
g. Preparation and notarization of documents
involving real or personal property such as Deed of
Sale, Real Estate Mortgage, Transfer or
Relinquishment or Transfer of Right, Lease, or
similar Deeds of Conveyance .
i. Where consideration is PhP 20,000.00 and PhP1,000.00
below- ;
ii. Where consideration is above PhP
20,000.00- 3% of the
consideration
h. Preparation and notarization of Extra Judicial 10% of the
Settlement of Estate or Partition of Property, value of the
property but
not less than
PhP10,000.0
0
i. Preparation and Notarization of Last Will and 10% of the
Testament value of the
property but
not less than
PhP20,000.0
0
j. Preparation and Notarization of Powers of PhP1,000.00
Attorney
k. Preparation and Notarization of affidavits and PhP 500.00
similar documents
l. Preparation and Notarization of Articles of PhP25,000.0
Incorporation and By-Laws, Articles of Partnership 0
and Registration with SEC or CDA
m. Preparation of a legal opinion/written advice PhP
2,000.00 per
page

n. Preparation and Notarization of ordinary PhP

contracts or agreements, lease, and the like 4,000.00

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 E. RETAINERS FEES

a. Retainers fee (for consultation and routine

documentation and notarization of documents
related to the business of client)
i. Single proprietorship PhP 5,000.00
ii. Corporate PhP 8,000.00

F. FEES FOR OTHER CASES

a. Negotiation and Execution of Collective PhP 75,000

Bargaining Agreement (CBA) or
3,000/hour
b. Election Cases PhP100,000.
00
c. Land Registration Cases PhP100,000
or 5% of
FMV
d. Reconstitution of Title PhP75,000.0
0
e. Issuance of New Owner’s Duplicate Copy of PhP
Title 50,000.00
f. Registration of Patents and Copyright PhP
200,000.00
g. Immigration Cases PhP
50,000.00

All lawyers are enjoined to strictly observe the above

Schedule of Minimum Attorney’s Fees. Failure to observe
without justifiable reason shall be a ground for disciplinary
action and/or imposition of administrative fines pursuant to
existing IBP rules and regulations.

Submitted by:

COMMITTEE ON THE UPGRADING OF PROFESSIONAL FEES

RAMON EDISON C. BATACAN

Chairman

ROGELIO G. LARGO
Member

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 ELEANOR P. DELA PEÑA
Member

KENNETH DABI
Member

NOW THEREFORE, RESOLVED AS IT IS HEREBY RESOLVED, THAT THE

IBP-DAVAO CITY CHAPTER ADOPTS THE ABOVE UPDATED SCHEDULE OF
MINIMUM ATTORNEY'S FEES TO TAKE EFFECT ON JULY 1, 2018.

UNANIMOUSLY APPROVED during the meeting of the Board of Officers

on June 1, 2018.

CERTIFIED CORRECT: NOTED:

ELEANOR P. DELA PENA ROGELIO G. LARGO

Chapter Secretary Chapter President