Court Stenographer Fees in the Philippines: What Rule 141 Allows

Court Stenographer Fees in the Philippines: What Rule 141 Allows

When a party needs a copy of a court hearing's transcript, the court stenographer is the person to ask. But how much can a stenographer legally charge for that service? A 2005 Supreme Court decision clarifies the rules and reminds court personnel that charging more than the fixed rate is a serious offense.

The Case: A Lawyer Charged P500 for an 18-Page Transcript

In Opeña v. Luna (A.M. No. P-02-1549, December 16, 2005), a lawyer requested a transcript of stenographic notes (TSN) from a hearing in an annulment of marriage case. The transcript was triple-spaced and only 18 pages long. The court stenographer demanded P500 for it.

The lawyer protested, saying the number of pages should determine the fee. The stenographer insisted on P500 because the hearing was conducted ex parte (with only one party present), claiming this was the customary practice among stenographers. Needing the transcript urgently for a hearing the next day, the lawyer paid but later filed an administrative complaint.

The Legal Rate: Section 10, Rule 141 of the Rules of Court

The Rules of Court fixes the exact fees stenographers may collect. Under Section 10, Rule 141 (now Section 11), a stenographer must give a certified transcript to anyone requesting it upon payment of:

• P5.00 per page (of not less than 250 words) if requested before an appeal is taken; and
• P3.60 per page for the same transcript after an appeal is filed.

One-third of the total charges goes to the court, and the remaining two-thirds goes to the stenographer.

The Ruling: No Special Rates for Ex Parte Hearings

The Supreme Court found the stenographer guilty of violating Section 10, Rule 141. The Court ruled that the rule's rates apply uniformly to all who request transcripts—regardless of whether the hearing was ex parte or not. Nothing in the law authorizes a different rate for ex parte proceedings.

The Court also rejected the "customary practice" defense. Ignorance of the law excuses no one, especially court employees expected to know their duties. The Court noted that demanding P500 for an 18-page transcript—when the legal fee was only P90 (18 pages × P5)—was exorbitant and effectively compelled payment given the lawyer's urgent need.

The Court fined the stenographer P2,000 with a warning of more severe penalties for future infractions. Notably, the complainant's death during the proceedings did not dismiss the case, because administrative cases involving public employees are imbued with public interest—the government, not the complainant, becomes the real aggrieved party.

Practical Takeaways

• Know the legal rate: Court stenographers may charge only P5.00 per page for transcripts requested before appeal, and P3.60 per page after appeal. Any amount beyond this violates Rule 141.
• No "ex parte premium": There is no legal basis for charging higher fees simply because a hearing was conducted ex parte or because multiple copies are needed.
• Customary practice is not a defense: A long-standing practice of overcharging does not make it legal. Court personnel are expected to know and follow the Rules of Court.
• Remedies for overcharged parties: A party who is overcharged for a transcript may file an administrative complaint with the Office of the Court Administrator. The Court takes such misconduct seriously.
• Administrative cases continue despite complainant's death: Once an administrative case is filed and given due course, the government becomes the real party in interest, so the case may proceed even if the original complainant passes away.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.