Law Summary

1. Purpose of the Act

The Act amends Section 788 of the Code of Civil Procedure, specifically addressing the fee structure for Clerks of Courts of First Instance in the Philippines.

• Objective: To revise the schedule of fees related to legal proceedings.
• Scope: Applicable to fees assessed for various legal actions.

2. Revised Fee Structure

The amended Section 788 outlines a detailed schedule of fees based on the amount in controversy or the value of the property involved.

a. Fee Schedule

• General Fee Assessment:

  • No property involved: ₱16
  • Under ₱200: ₱8
  • ₱200 - <₱600: ₱12
  • ₱600 - <₱1,000: ₱16
  • ₱1,000 - <₱5,000: ₱20
  • ₱5,000 - <₱20,000: ₱30
  • ₱20,000 - <₱50,000: ₱40
  • ₱50,000 - <₱100,000: ₱50
  • ₱100,000 - ≤₱150,000: ₱75 + ₱1 for each ₱5,000 over ₱150,000

• Special Cases:

  • Unestimatable amounts: ₱100
  • Various clerical services: Fees vary based on the service.

• Estate Fees:

  • Ranges from ₱16 for estates ≤₱3,000 to ₱270 + ₱0.50 for each ₱1,000 over ₱100,000 for estates of higher values.

b. Important Provisions

• Fees for amended complaints will be adjusted based on the new claimed amounts.
• Refunds are available for overpaid fees if the final valuation is less.

3. Collection of Fees

The Act stipulates specific guidelines on the collection of fees based on the value of the property involved.

• Collection Timing: Fees apply to actions filed after the Act takes effect.
• Application of Fees: Fees are determined based on the property value specified in the complaint or application.

4. Effective Date

The Act takes effect on January 1, 1928.

• Legal Proceedings: The new fee structure governs cases filed on or after this date.
• Pending Cases: Does not apply retroactively to cases filed before this date.

5. Liability for Fees

The administrator of an estate is personally liable for any additional fees resulting from a higher valuation post-appraisal.

• Consequences: Failure to pay additional fees can result in personal liability for the administrator.

Key Takeaways

• Purpose: The Act revises clerical fees in civil procedure.
• Fee Structure: Introduces a tiered fee system based on the value of claims or property.
• Effective Date: January 1, 1928; applies to new filings only.
• Liability: Administrators are liable for fee adjustments based on final property valuations.

This structured summary provides a clear understanding of Act No. 3395, focusing on the amendments made to the fee structure for court clerks as per the Code of Civil Procedure.