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AN ACT PROVIDING A CODE OF PROCEDURE IN CIVIL ACTIONS AND SPECIAL PROCEEDINGS IN THE PHILIPPINE ISLANDS CHAPTER XXI

Section 487–Section 4959 provisions

Costs ordinarily follow result of suit.

Section 487

SEC. 487. Costs ordinarily follow result of suit. — Costs shall ordinarily be allowed to the prevailing party as a matter of course, but the court shall have power, for special reasons, to adjudge that either party shall pay the costs of an action, or that the same be divided, as may be equitable.

When action dismissed for want of jurisdiction.

Section 488

SEC. 488. When action dismissed for want of jurisdiction. — If an action is dismissed for want of jurisdiction, courts nevertheless shall have power to render judgment for costs, as justice may require.

Lawyer's fees as costs.

Section 489

SEC. 489. Lawyer's fees as costs. — No lawyer's fees shall be taxed as costs against the adverse party, except as herein specially provided. But this section shall have no relation to the fees to be charged by a lawyer as against his client.

Restriction of costs.

Section 490

SEC. 490. Restriction of costs. — If the plaintiff in any action shall recover a sum not exceeding ten pesos as debt or damages, he shall recover no more costs than debt or damages, unless the court shall certify that the action involved a substantial and important right to the plaintiff, in which case full costs may be allowed, notwithstanding the debt or damages do not exceed ten pesos.

Costs in justice of the peace courts.

Section 491

SEC. 491. Costs in justice of the peace courts. — In an action pending before a justice of the peace, the plaintiff may recover the following costs, and no others: For the complaint, one peso. For the attendance of himself, or his counsel, or both, on the day of trial, one peso. For each additional day's attendance required in the actual trial of the case, one-half peso. For each witness produced by him, for each day's necessary attendance at the trial, one-half peso, and his lawful traveling fees. For each deposition lawfully taken by him and produced in evidence, five pesos. For original documents, deeds, or papers of any kind produced by him, nothing. For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies. The lawful fees paid by him for service of the summons and other process in the action. The lawful fees charged against him by the justice in trying the action. If the judgment is for the defendant, he may recover the following costs, and no others: For the attendance of himself, or his counsel, or both, on the day of trial, one peso. For each additional day's attendance required in the actual trial of the case, one-half peso. For each witness produced by him, for each day's necessary attendance at the trial, one-half peso, and his lawful traveling fees. For each deposition lawfully taken by him and produced in evidence, five pesos. For original documents, deeds, or papers of any kind produced by him, nothing. For official copies of such deeds or papers, the lawful fees necessarily paid for obtaining such copies. The lawful fees paid by him for service of any process in the action.

Costs in Courts of First Instance.

Section 492

SEC. 492. Costs in Courts of First Instance. — In an action pending in a Court of First instance, the prevailing party may recover the following costs, and no others: For the complaint or answer, eight pesos. For his own attendance, and that of his lawyer, down to and including final judgment, twenty pesos. For each witness necessarily produced by him, for each day's necessary attendance of such witness at the trial, one peso, and his lawful traveling fees. For each deposition lawfully taken by him, and produced in evidence, five pesos. For original documents, deeds, or papers of any kind produced by him, nothing. For official copies of such documents, deeds, or papers, the lawful fees necessarily paid for obtaining such copies. The lawful fees paid by him for the service of any process in the action, and all lawful clerk's fees paid by him.

Costs in municipal courts.

Section 493

SEC. 493. Costs in municipal courts. — In an action pending in any municipal court hereafter established the costs to be allowed the plaintiff or defendant shall be the same as those allowed in an action pending before a justice of the peace, as herein provided.

Costs in Supreme Court.

Section 494

SEC. 494. Costs in Supreme Court. — In an action pending in the Supreme Court, the prevailing party may recover the following costs, and no others: For his own attendance, and that of his lawyers, down to and including final judgment, forty pesos. For official copies of bills of exception and the printing thereof, and all other copies required by rules of court, the sum actually paid for the same, within the limits to be established by rules of the Supreme Court. All lawful fees charged against him by the clerk of the Supreme Court, in entering and docketing the action and recording the proceedings and judgment therein and for the issuing of all process. No allowance shall be made to the prevailing party in the Supreme Court for the brief or written or printed arguments of his lawyer, or copies thereof, aside from the forty pesos above stated. If testimony is received in the Supreme Court, not taken in another court and transmitted thereto, the prevailing party shall be allowed in the Supreme Court the same costs for witness fees, depositions, and process and service thereof as he would have been allowed for such items had the testimony been introduced in a Court of First Instance. The lawful fees of assessors and referees in an action may also be taxed against the defeated party, or apportioned, as justice requires.

Costs in special proceedings.

Section 495

SEC. 495. Costs in special proceedings. — In special proceedings, such costs only shall be allowed as are in this Code otherwise specially provided for such cases.

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Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Source: Official Gazette of the Republic of the Philippines — Philippine laws are public documents (works of the government).