OCA ends confusion re: Korea Tech v. Lerma

Under Office of the Court Administrator (OCA) Circular No. 96-2009, citing A.M. No. 04-2-04 SC, the payment of filing fees for compulsory counterclaims remains suspended effective September 21, 2004. The circular noted the confusion caused by the decision in Korea Technologies v. Lerma (G.R. No. 143581) and gave a clarification.

In the Korea Technologies v. Lerma case, the Supreme Court stated that docket fees are required to be paid in compulsory counterclaims. This ruling has been deleted in a revised issuance.

A.M. No. 04-2-04-SC (Re: Revised Upgrading Schedule of the Legal Fees in the Supreme Court and the Lower Courts under Rule 141 of the Rules of Court)

The Court Resolved, upon the recommendation of the Office of the Court Administrator Committee on Legal Fees, to:

(a) ADOPT and APPROVE the following proposed amendments to the Guidelines in the Implementation of Section 1, Rule 141, Rules of Court, as amended:

Section 2. Modes of Payment. — The filing fees shall be paid in cash or check, as follows:

a. Cash Payment for:

(1) Fees accruing to the Fiduciary Fund, Legal Research Fund, Victim Compensation Fund, Mediation Fund, and Cadastral Fund and such other fees not accruing to the Judiciary Development Fund or Special Allowance for the Judiciary Fund.

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b. Cash or Separate Check Payment for:

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c. Separate Check Payment for:

Section 3. When payment is made in check. — . . .

The fees accruing to the Judiciary Development Fund or the Special Allowance for the Judiciary Fund shall be paid IN SEPARATE CHECKS payable to the "SUPREME COURT, JUDICIARY DEVELOPMENT FUND ACCOUNT" or to the "SUPREME COURT, SPECIAL ALLOWANCE FOR THE JUDICIARY FUND ACCOUNT," respectively. The docket number, title of the case, the court where the case was filed, and the contact number/s of the said court shall be indicated in the dorsal/back portion of the check.

The official receipt issued for payment by check shall be stamped with the following notation: "PAYMENT CREDITED ONLY UPON CHECK BEING CLEARED." The official receipt shall reflect accurately the name of the party on whose behalf the payment is made, the docket number and title of the case, the amount paid in words and in figures, the check number, the name of the bank and the branch where the checking account is maintained. The official receipt must be duly signed by the Clerk of Court. Pending clearance of the check, the Clerk of Court shall retain the official receipt and issue a Certificate of Retention of the Official Receipts (Annex "A").

Section 4. When check is dishonored. — Pursuant to banking rules and regulations, the depository bank where the check was deposited shall issue the notice of dishonor to the Clerk of Court within three (3) banking days in case of local checks, and within five (5) banking days in case of regional checks, from the date the check was deposited. Upon receipt of the notice of dishonor of the check from the depository bank, the Clerk of Court shall, within twenty-four (24) hours, notify in writing the Chief, Financial Management Office, Office of the Court Administrator of such notice of dishonor. In multiple-sala courts, the Clerk of Court shall inform in writing the Branch Clerk of Court where the case was raffled of the dishonor of the check within twenty-four (24) hours from receipt of the notice.

Thereafter, the court shall issue an order dismissing the case, in consonance with Section 3 of Rule 17, without prejudice to the re-filing of the case upon payment by the concerned party of the appropriate legal fees, and in accordance with Section 2 of BP 22. Upon the dismissal of the case, the official receipt is automatically considered cancelled. No motion for reconsideration of the order of dismissal shall be entertained. The dismissal of the case shall be without prejudice to the filing of a case against the drawer of the dishonored check.

Section 6. Submission of Monthly Report. — The Clerk of Court shall accomplish a Monthly Report of Dismissed Cases due to Dishonored Checks using Form LF-1 (a copy of which is hereto attached as Annex "B") to be submitted to the Accounting Division, Financial Management Office, Office of the Court Administrator within ten (10) days after the end of each month, attaching thereto the certified true copies of the following documents:

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(b) DIRECT the nationwide implementation of the above-approved Amended Guidelines;

(c) AUTHORIZE the Office of the Court Administrator to issue the appropriate implementing Circular; and

(d) AUTHORIZE the OCA Committee on Legal Fees to conduct consultative meetings on direct bank payment system and to immediately submit a report thereon." Velasco, Jr., Peralta and Reyes, JJ., on official leave. (adv98)

Very truly yours,

(SGD.) ENRIQUETA E. VIDAL
Clerk of Court

[A.M. No. 04-2-04-SC.] LEGAL FEES; RESOLUTION:

Acting on the recommendation of the Chairman of the Committee on Revision of the Rules of Court submitting for this Court's consideration and approval the Proposed Revision of Rule 141 of the Revised Rules of Court on Legal Fees, the Court Resolved to APPROVE the same.

This Resolution shall take effect on August 16, 2004 following its publication in two (2) newspapers of general circulation not later than July 31, 2004.

July 20, 2004.

Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Carpio-Morales, Callejo, Sr., Azcuna, Tinga, and Chico-Nazario, JJ., concur.

Corona, J., on leave.

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