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Board Resolution No. 09-01, S.

2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

INTEGRATED BAR OF THE PHILIPPINES


DAVAO CITY CHAPTER
Serve the Country, Hail the IBP!

BOARD RESOLUTION No. 09-01, Series of 2023

A Resolution Approving and Adopting the Revised Schedule of


Minimum Attorney’s Fees in Davao City and Setting its Effectivity
Beginning October 2, 2023

WHEREAS, upon the assumption of of�ice of its new set of Board of


Of�icers on March 31, 2023, the Integrated Bar of the Philippines (IBP)
Davao Chapter recognized the importance of revising the schedule of
minimum attorney's fees to ensure its relevance and effectiveness in the
present legal landscape;

WHEREAS, in light of this recognition, the IBP Davao Chapter


established a Special Committee dedicated to the task of thoroughly
examining and revising the existing schedule of minimum attorney's fees,
taking into account the evolving needs and demands of the legal
profession, as well as the interests of both lawyers and clients;

WHEREAS, on April 14, 2023, the Special Committee on the


Revision of the Schedule of Attorney's Fees, diligently ful�illed its mandate
and presented the proposed draft of the new schedule of minimum
attorney's fees;

WHEREAS, as the IBP Davao Chapter believes that a thorough


review and revision of the schedule of attorney's fees will contribute to
the promotion of transparency, fairness, and access to justice, while
ensuring that legal practitioners are adequately compensated for their
services, the proposed draft of the new schedule of minimum attorney's
fees was subjected to rigorous deliberations during the months of May,
June, July and August 2023;

WHEREAS, as the IBP Davao Chapter also recognizes the


importance of engaging various stakeholders, including legal
professionals and other relevant parties, in the process of revising the
schedule of minimum attorney's fees to ensure that the resulting
framework is comprehensive, balanced, and re�lective of the current legal
landscape, consultations were conducted in September 2023;

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

WHEREAS, on September 15, 2023, the Special Committee


together with the members of the Chapter Board of Of�icers, reviewed
and �inalized the proposed “2023 Revised Schedule of Minimum
Attorney’s Fees”;

WHEREAS, in reviewing and �inalizing the proposed “2023 Revised


Schedule of Minimum Attorney’s Fees”, the Board of Of�icers recognizes
that lawyers shall abide by the “Code of Professional Responsibility and
Accountability”, and relevant thereto, the Board highlights compliance
with Section 41, Canon III, to wit:

SECTION 41. Fair and reasonable fees. - A lawyer


shall charge only fair and reasonable fees.

Atorney's fees shall be deemed fair and reasonable


if determined based on the following factors:

(a)The �me spent and the extent of the service


rendered or required;
(b) The novelty and difficulty of the issues
involved;
( c) The skill or exper�se of the lawyer,
including the level of study and experience required for
the engagement;
( d) The probability of losing other
engagements as a result of acceptance of the case;
( e) The customary charges for similar services
and the recommended schedule of fees, which the IBP
chapter shall provide;
(f) The quan�ta�ve or qualita�ve value of the
client's interest in the engagement, or the benefits
resul�ng to the client from the service;
(g)The con�ngency or certainty of compensa�on;
(h) The character of the engagement,
whether limited, seasonal, or otherwise; and
(i) Other analogous factors.;

WHEREAS, the Board of Of�icers in considering the proposed


“2023 Revised Schedule of Minimum Attorney’s Fees”, further
emphasizes that Section 15 of the By-laws of the IBP Davao City Chapter
provides:

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


minimum atorney'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 situa�on. Any fees
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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

schedule and all amendments thereto shall become


effec�ve 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."

WHEREAS, in consideration of the above-stated provisions, the


Special Committee on the Revision of the Schedule of Minimum
Attorney's Fees submits for consideration and recommends for the
approval of the Board of Of�icers the proposed 2023 Schedule of
Minimum Attorney's Fees, viz:

2023 REVISED SCHEDULE OF MINIMUM ATTORNEY’S FEES

A. ACCEPTANCE FEES.

1. CIVIL CASES
i. Ordinary civil ac�ons involving sum of 10% of the amount involved but not
money, damages, recovery of property, lower than:
MTCC – P75,000.00
quie�ng of �tle, or other ordinary civil RTC – P150,000.00
ac�ons. CA – P200,000.00
SC – P250,000.00

ii. Civil ac�ons with ancillary or provisional 10% of the amount involved or the
value of the property involved but not
remedies such as atachment, lower than:
injunc�on, receivership, delivery of MTCC – P100,000.00
personal property, support pendent RTC – P170,000.00
lite. CA – P250,000.00
SC – P300,000.00
iii. Civil ac�ons involving inter pleader, RTC – P175,000.00
CA – P250,000.00
declaratory relief, cer�orari, SC – P300,000.00
prohibi�on, mandamus, quo warranto
For SCA Certiorari, If already handled
cases:
RTC – P50,000.00
CA – P75,000.00
SC – P100,000.00

iv. Expropria�on cases 10% of the amount involved or the


value of the property involved but not
lower than
RTC - P150,000.00
CA – P200,000.00
SC – P250,000.00
v. Civil ac�ons involving foreclosure of 10% of the amount involved but not
lower than:
real estate mortgage MTCC – P75,000.00
RTC – P150,000.00

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

vi. Ac�ons involving forcible entry and P100,000.00 or P30,000.00 per


defendant, whichever is higher
unlawful detainer
vii. Annulment of marriage/declara�on of P 250,000.00
nullity of marriage
viii. Appeals from 1st Level Courts P 75,000.00, for already handled
cases.

P150,000.00, for newly handled cases.


ix. Appeals from 2nd Level Courts P 100,000.00, for already handled
cases.

P250,000.00, for newly handled cases.

x. Appeals from the Court of Appeals P 50,000.00, for already handled


cases.

P 300,000.00, for newly handled cases.

2. CRIMINAL CASES
i. Criminal cases within the jurisdiction of P 100,000.00
the MTCC/MTC

ii. Criminal cases within the jurisdiction of


the RTC:

- where the maximum imposable P 150,000.00


penalty is 6 years and 1 days or
more

- where the maximum imposable P 300,000.00


penalty is life imprisonment, or
reclusion perpetua or death.

iii. Criminal cases within the jurisdiction of P 200,000.00


the Sandiganbayan/Court of Tax
Appeals

3. SPECIAL PROCEEDINGS
i. Actions involving settlement of estate of 10% of the aggregate value of the
gross estate but not less than P
deceased person, allowance or 150,000.00
disallowance of a will, letters of
administrations.

ii. Actions involving Escheat, Guardianship, P 75,000.00


Trustee, Adoption, Habeas Corpus, Change
of Name, Dissolution of Family Home,

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

Declaration of Absence, Cancellation or


Correction of Entries in the Civil Registry

iii. Contempt Proceedings:


a. Criminal P100,000.00
b. Civil P100,000.00

iv. Petition for Bail before filing of MTC – P15,000.00


RTC – P25,000.00
Information

v. Naturalization Proceedings P 200,000.00

4. ADMINISTRATIVE AND QUASI-JUDICIALCASES


i. Actions before administrative or quasi- P 75,000.00
Judicial bodies

ii. Appeals before administrative and quasi- P 50,000.00, if already handled


cases:
judicial bodies
P 75,000.00 new cases.

B. PREPARATION OF OTHER PLEADINGS, MOTIONS & JUDICIAL AFFIDAVITS

i. Position Papers, Memorandum in P 20,000.00


Administrative and Quasi-Judicial
bodies

ii. Position Paper/Memorandum in civil P 25,000.00


or criminal cases
iii. Brief or Memorandum in appealed P 50,000.00
cases, civil or criminal

iv. Motions
1. Litigious motions P 15,000.00
2. Non-Litigious motions P 5,000.00

v. Motion for Reconsideration on P 25,000.00


judgment and final orders

vi. Judicial Affidavit P 10,000.00 (English only)

P 15,000.00 (with English


Translation)

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

vii. In the conduct of preliminary


investigation in criminal cases:

a. Affidavit Complaint for MTCC/MTC A to D – P30,000.00 per count, but


cases not less than P50,000.00
b. Affidavit Complaint for RTC cases E. - P5,000.00
c. Counter-Affidavit for MTCC/MTC cases
d. Counter-Affidavit for RTC cases
e. Affidavit of Witness

viii. Complaint, Petition, Answer or any P25,000.00


other initiatory pleadings

ix. Reply, Rejoinder and other responsive P15,000.00


pleadings

x. Modes of Discovery:
P10,000.00
Depositions, Interrogatories to Parties,
Requests for Admission, Responses to
Modes of Discovery, Motion for
Production and Inspection of
Documents and Object Evidence,
Motion to Compel Compliance with
Modes of Discovery

C. APPEARANCE FEE/ REPRESENTATION (MINIMUM RATES)

i. Appearance in court, quasi-judicial P 5,000.00 per appearance


and in administrative bodies in
Davao City where the lawyer
resides/holds office

ii. Appearance outside Davao City but P 10,000.00 per appearance


within Davao Provinces

iii. Appearance outside Davao P 15,000.00 per appearance


provinces/region

iv. Other legal engagement in


conducting ocular inspection per
appearance:

a. In Davao City P 5,000.00


b. Outside Davao City but within P 10,000.00
Davao Provinces/Region
c. Outside Davao Region/provinces P 15,000.00

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

v. For out-of-town cases, the Travel allowance equivalent to


applicable Appearance Fees.
appearance fees are exclusive of
travel time: Transportation and meal allowance
including hotel accommodation to be
charged to client.

D. CONSULTATIONS, DOCUMENTATION, & TRANSACTIONAL WORKS

i. Minimum charge for plain P 1,000.00 per hour


consultation/advice

ii. In case of out of court settlement Ten percent (10%) of the


amount involved or collected,
and/or collections or value of property involved.

P15,000.00 for agreements


without monetary
consideration

iii. Consultation or advice relating to a P 3,000.00 per hour


pending case or proceeding

iv. Issuance of certified true copies of any P 500.00


document on file with the office of the
lawyer

v. Notarization of already prepared P 700.00


affidavits and similar documents

vi. Acknowledgments for already P 2,000.00


prepared legal instruments, quitclaims
except items below

vii.For the preparation and/or notarization Where considera�on is


PhP100,000.00 and below-
of documents involving real or personal P 3,000.00;
property such as Deed of Sale,
Donation, Mortgage (REM, Chattel, Where considera�on is above
Pledge), Transfer or Relinquishment or PhP100,000.00 – three percent
(3%) of the considera�on
Transfer of Right, Long Term Lease, or
similar Deeds of Conveyance

NOTE: For conveyances of real property,


including dona�ons, basis for fees should at

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

least be the BIR zonal value or FMV in the


tax declara�on, whichever is higher.

viii. Preparation and/or Notarization of Ten percent (10%) of the value of


the property but not less than
Extra Judicial Settlement of Estate or P 30,000.00
Partition of property
ix. Preparation and Notarization of Last Ten percent (10%) of the value of
the property but not less than P
Will and Testament; 30,000.00

x. Preparation and/or Notarization of P 1,500.00


Powers of Attorney
xi. Preparation of Articles of Incorporation SEC – P 25,000.00
and By-Laws, Articles of Partnership CDA – P50,000.00
and registration with SEC or CDA

xii.Preparation of a legal opinion/written P 5,000.00


advice

xiii. Preparation of Demand Letters, P 1,000.00


Letter Requests, Responses and other
Formal Communications for clients

xiv. Preparation and acknowledgment of P 5,000.00


ordinary contracts, memorandum of
agreements, short term lease, contract
to sell.

E. RETAINERS FEE:

i. General Retainer Fee (for consulta�on


and rou�ne documenta�on and
notariza�on of documents related to
the business of client): P 8,000.00

P 15,000.00
1. Single Proprietorship

2. Juridical En��es (Partnership,


Corpora�on & Coopera�ve)

F. FEES FOR OTHER CASES:

i. Nego�a�on and Execu�on of Collec�ve P100,000.00 or P5,000.00 per hour


Bargaining Agreement (CBA)

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

ii. Elec�on Cases


P200,000.00
a. Local level P300,000.00
b. Comelec Division/En Banc

iii. Land Registra�on Cases P150,000.00 or 10% of FMV or ZV,


whichever is higher.

iv. Recons�tu�on of Title P150,000.00

v. Reissuance of Lost Owner’s Duplicate P100,000.00, per �tle.


Copy of Title

vi. Registra�on of Trademarks and Patents P300,000.00

vii. Immigra�on Cases P150,000.00

NOW, THEREFORE, acting on the recommendation of the Special


Committee on the Revision of the Schedule of Attorney's Fees, submitting
for consideration and the approval of the Board of Of�icers the proposed
“2023 Revised Schedule of Minimum Attorney's Fees”, THE BOARD OF
OFFICERS HEREBY RESOLVES TO APPROVE AND ADOPT THE SAME.

RESOLVED FURTHER, that all lawyers are enjoined to strictly


observe this 2023 Revised Schedule of Minimum Attorney’s Fees. Failure
to observe without justi�iable reason shall be a ground for disciplinary
action and/or imposition of administrative �ines pursuant to existing IBP
Rules and Regulations.

RESOLVED FINALLY, that the 2023 Revised Schedule of Attorney's


Fees shall take effect on 02 October 2023, and shall remain to be in full
force and effect until the same is amended, modi�ied, repealed, or revoked
in accordance with prevailing IBP Rules.

UNANIMOUSLY APPROVED AND ADOPTED during the Special


Meeting of the Board of Of�icers held on 18 September 2023 in Davao City.

(Sgd.)
AIZA MAE J. KANDA
President

(Sgd.) (Sgd.)
MATTHEW N. IRASGA CID BENEDICT D. PABALAN
Vice President Secretary

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Board Resolution No. 09-01, S. 2023
2023 Revised Schedule of Minimum Attorney’s Fees
IBP-Davao City Chapter

(Sgd.)
CINDY A. ILAGAN-CAYCO
Treasurer

(Sgd.) (Sgd.)
IRVIN Z. SAGARINO ANTOINETTE G. PRINCIPE
Auditor Public Relations Of�icer

(Sgd.) (Sgd.)
GENE PEDMON E. GEOCANIGA PAUL RYAN D. ONGKINGCO
Director Director

(Sgd.) (Sgd.)
RAPHAEL JOSE N. LIZADA BENEDICT D. ONTAL
Director Director

(Sgd.) (Non-Voting Director)


FERDINAND M. TAGLUCOP MACESTE W. UY
Director Immediate Past President

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