ADMINISTRATIVE
CIRCULAR NO. 28-91
TO:
CLERKS
OF COURT OF THE REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS,
MUNICIPAL
TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL
COURTS, SHARI’A DISTRICT COURTS AND SHARI’A CIRCUIT COURTS
The
attention of
the Court has been called to the collection of legal fees by Clerks of
Court for preparing or notarizing complaints or affidavits in criminal
cases. The assessment is supposedly based on Rule 141 of the Rules of
Court.
Such assessment of fees is not authorized as complaint in criminal
cases
are required to be under oath [Rule 110 Sec. 2, Rules of Court].cralaw:red
Henceforth,
all Clerks
of Court of the Regional Trial Courts, Metropolitan Trial Courts,
Municipal
Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial
Courts Shari’a District Courts and Shari’a Circuit Courts shall refrain
from collecting any legal fees for preparing or notarizing the
complaints
or affidavits in criminal cases filed with the said courts.cralaw:red
These fees
should
only be collected in civil cases in instance when the court official
acts
as a Notary Public Ex-Oficio.cralaw:red
December
13, 1991.
[Sgd.]
ANDRES
R. NARVASAChief
Justice | 
