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."

1
 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, damages, 10% of the amount
recovery of property and other ordinary civil actions. involved but not 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 remedies 10% of the amount
such as attachment, injunction, receivership, delivery of involved or the value of
personal property, support pendente lite. the property involved
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 relief, RTC-PhP 50,000.00
certiorari, prohibition, mandamus, quo warranto, eminent CA-PhP 75,000.00
domain and habeas corpus. SC-PhP 100,000.00

2
 d. Civil actions for foreclosure of mortgage and partition. 10% of the amount
involved but not lower
than:
MTCC-PhP 25,000.00
RTC-PhP 50,000.00
e. Actions for forcible entry and unlawful detainer PhP 50, 000.00
f. Actions for annulment of marriage/declaration of nullity PhP100,000.00
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 deceased person, 10% of the value of the
allowance or disallowance of a will, letters of gross estate but not less
administrations. than PhP100,000.00
b. Actions for Escheat, Guardianship, Trustee, Change of PhP50,000.00
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-Judicial bodies PhP 30,000.00

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

3
B. FEES FOR PREPARATION OF PLEADINGS, MOTIONS AND JUDICIAL
AFFIDAVITS

a. Position Paper/Memorandum in PhP 10,000.00

administrative cases

b. Position Paper/Memorandum in civil and criminal PhP 15,000.00

cases

c. Brief or Memorandum in appealed civil and criminal PhP 20,000.00

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

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

g. Affidavits in relation to preliminary investigation in criminal

cases :
i. Affidavit Complaint for MTCC/MTC cases PhP10,000.00
ii. Affidavit Complaint for RTC cases PhP15,000.00
iii. Counter-Affidavit for MTCC/MTC cases PhP10,000.00
iv. Counter-Affidavit for RTC cases PhP15,000.00

C. APPEARANCE FEE/ REPRESENTATION FEES

a. Appearance/representation fee for hearings, meetings, PhP3,000.00 per

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

Transportation, hotel accommodation and meal expenses to be

charged to client.

4
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 collections 10% of the
amount involved
or collected
c. Consultation or advice relating to a pending case or PhP1,500.00 per
proceeding hour
d. Issuance of certified true copies of any document on file PhP500.00
with the office of the lawyer
e. Notarization of already prepared affidavits and similar PhP300.00
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 below-
ii. Where consideration is above PhP 20,000.00- PhP1,000.00;

3% of the
consideration
h. Preparation and notarization of Extra Judicial Settlement of 10% of the value
Estate or Partition of Property, of the property
but not less than
PhP10,000.00
i. Preparation and Notarization of Last Will and Testament 10% of the value
of the property
but not less than
PhP20,000.00
j. Preparation and Notarization of Powers of Attorney PhP1,000.00

k. Preparation and Notarization of affidavits and similar PhP 500.00

documents
l. Preparation and Notarization of Articles of Incorporation and PhP25,000.00
By-Laws, Articles of Partnership and Registration with SEC or
CDA

5
 m. Preparation of a legal opinion/written advice PhP 2,000.00 per
page

n. Preparation and Notarization of ordinary contracts or PhP 4,000.00

agreements, lease, and the like

E. RETAINERS FEES

a. Retainers fee (for consultation and routine documentation

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

F. FEES FOR OTHER CASES

a. Negotiation and Execution of Collective Bargaining PhP 75,000 or

Agreement (CBA) 3,000/hour
b. Election Cases PhP100,000.00
c. Land Registration Cases PhP100,000 or
5% of FMV
d. Reconstitution of Title PhP75,000.00
e. Issuance of New Owner’s Duplicate Copy of Title PhP 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

6
 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