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Chan Robles Virtual Law Library


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This web page features the full text of
ADMINISTRATIVE CIRCULAR NO. 3-2000.
ADMINISTRATIVE CIRCULAR NO. 3-2000
 
TO: THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A CIRCUIT COURTS


SUBJECT: RE: GUIDELINES IN THE ALLOCATION OF THE LEGAL FEES COLLECTED UNDER RULE 141 OF THE RULES OF COURT, AS AMENDED, BETWEEN THE GENERAL FUND AND THE JUDICIARY DEVELOPMENT FUND.

To implement the provisions of Section 3, Rule 141, as revised pursuant to A.M. No. 99-8-01-SC dated September 14, 1999 and A.M. No. No. 00-2-01-SC dated February 1, 2000 and made effective on March 1, 2000 to the effect that all increases in the legal fees shall pertain to the Judiciary Development Fund as established by law (Presidential Decree No. 1949 dated May 18,1984) and to obviate confusion that may arise in the allocation of the legal fees collected under said rule between the General Fund and the Judiciary Development Fund, the following guidelines are hereby issued:chanroblesvirtuallawlibrary
I. FUND ALLOCATION  
General Fund Judiciary Dev. Fund
Sec. 4. Clerks of the Court of Appeals and of the Supreme Court.-
(a) For filing an action, proceeding, appeal by notice or record on appeal when required, entering appearance of the parties, entering orders of the court, filing and docketing all motions, docketing of case on all proper dockets, and indexing the same, entering recording and certification of judgment and remanding of records to the lower court, taxing the costs, administering all necessary oaths or affirmations in the action or proceeding, recording the opinion of the court and issuing all necessary process in the action or proceeding not herein otherwise provided for each action or special proceeding, five hundred (P500.00) pesos;
48.00
452.00
(b) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
300.00
(c) For furnishing transcipt of the record or copies of any record, judgment, or entry of which any person is entitled to demand and receive a copy, for each page, four (P4.00) pesos;
0.20
3.80
(d) For each certificate not on process, thirty (P30.00) pesos;
1.00
29.00
(e) For every search for anything above a year's standing and reading the same, fifteen (P15.00) pesos;
1.00
14.00
(f) For a commission on all money coming into his hands by these rules or order of the court and caring for the same, two and one-half (2.5%) percent on all sums not exceeding four thousand (P4,000.00) pesos and one and one-half (1.5%) percent upon all sums in excess of four thousand (P4,000.00) pesos, and one (1%) percent on all sums in excess of forty thousand (P40,000.00) pesos (4a)
a) on all sums not exceeding 4,000

b) on all sums in excess of 4,000 but not exceeding 40,000

c) on all sums in excess of 40,000

1/2%
1/4%
1/8%
2%
1 1/4%
7/8%
Sec. 5. Fees to be paid by the advancing party.- The fees of the Clerk of the Court of Appeals or the Supreme Court shall be paid to him at the time of the entry of action or proceeding in the court by the party who enters the same by appeal, or otherwise, and the Clerk shall in all cases give a receipt for the same and shall enter the amount received upon his book, specifying he date when received, person from whom received, name of action in which received, and amount received. If the fees are not paid, the court may refuse to proceed with the action until they are paid and may dismiss the appeal or the action or proceeding. (3a)
Sec. 6. Fees of bar candidates.- (a) For filing the application for admission to the bar, whether admitted to the examinations or not, one thousand and seven hundred fifty (P1,750.00) pesos for new applicants, and for repeaters, plus the additional amount of two hundred (P200.00)* pesos multiplied by the number of times the applicant has failed in the bar examinations;

*- The amount of P200.00 pesos multiplied by the number of times the applicant has failed in the bar examinations shall all go to JDF.

(b) For admission to the bar, including oath taking, signing of the roll of attorneys, the issuance of diploma of admission to the Philippine Bar, one thousand and seven hundred fifty (P1,750.00) pesos;

300.00
350.00
1,450.00
1,400.00
(c) Other Bar Fees. - For the issuance of:chanroblesvirtuallawlibrary
1. Certification of admission to the Philippine Bar………………….P 50.00
5.00
45.00
2. Certificate of good standing (local)………….………………..50.00
50.00
3. Certificate of good standing (foreign)……………………………….100.00
100.00
4. Verification of membership in the bar……………………………………50.00
1.00
49.00
5. Certificate of grades in the bar examination…………………………..50.00
5.00
45.00
6. Other certification of records at the Bar Office, per page……………………….15.00
1.00
14.00
7. A duplicate diploma of admission to the Philippine Bar………………………..500.00
100.00
400.00
For services in connection with the return of examination notebooks to examinees, a fee of thirty (P30.00) pesos shall also be charged. (6a)
30.00
Sec. 7. Clerks of Court of the Regional Trial Courts.-
(a) For filing an action or a permissive counterclaim or money claim against an estate not based on judgment, or for filing with leave of court a third-party, fourth party, etc. complaint, or a complaint in intervention, and for all clerical services in the same, if the total sum claimed, exclusive of interest, or the stated value of the property in litigation, is;
1. Less than P100,000.00…P 500.00
100.00
400.00
2. P100,000.00 or more but less than P150,000.00………………….…..800.00
150.00
650.00
3. P150,000.00 or more but less than P200,000.00……………………….1,000.00
200.00
800.00
4. P200,000.00 or more but less than P250,000.00……………………….1,500.00
250.00
1,250.00
5. P250,000.00 or more but less than P300,000.00……………………….1,750.00
300.00
1,450.00
6. P300,000.00 or more but less than P350,000.00……………………….2,000.00
350.00
1,650.00
7. P350,000.00 or more but not more than P400,000.00……………………….2,250.00
400.00
1,850.00
8. For each P1,000 in excess of P400,000.00…………………………..10.00
2.00
8.00
(b) For filing:chanroblesvirtuallawlibrary 1) Actions where the value of the subject matter cannot be estimated…………..P 600.00

2) Special civil actions except judicial foreclosure of mortgage which shall be governed by paragraph

a) above……………..600.00

200.00
32.00
400.00
568.00
3). All other actions not involving property……………………………….600.00
In a real action, the assessed value of the property, or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees.
32.00
568.00
(c) For filing requests for extrajudicial foreclosure of real estate or chattel mortgage, if the amount of the indebtedness, or the mortgagee's claim is:chanroblesvirtuallawlibrary
1. Less than P50,000.00
275.00
2. P50,000.00 or more but less than P100,000.00
400.00
3. P100,000.00 or more but less than P150,000.00
500.00
4. P150,000.00 or more but less than P200,000.00
650.00
5. P200,000.00 or more but less than P250,000.00
1,000.00
6. P250,000.00 or more but less than P300,000.00
1,250.00
7. P300,000.00 or more but less than P400,000.00
1,500.00
8. P400,000.00 or more but less than P500,000.00
1,750.00
9. P500,000.00 or more but less than P1,000,000.00
2,000.00
10. For each P1,000.00 in excess of P1,000,000.00
10.00
(d) For initiating proceedings for the allowance of wills, granting letters of administration, appointment of guardians, trustees, and other special proceedings, the fees payable shall be collected in accordance with the value of the property involved in the proceedings, which must be stated in the application or petition, as follows:chanroblesvirtuallawlibrary
1. More than P100,000.00 but less than P150,000.00……………….P 2,000.00
590.00
1,410.00
2. P150,000.00 or more but less than P200,000.00……………………….2,250.00
640.00
1,610.00
3. P200,000.00 or more .but less than P250,000.00…………………….2,500.00
690.00
1,810.00
4. P250,000.00 or more but less than P300,000.00……….…………….2,750.00
740.00
2,010.00
5. P300,000.00 or more but less than P350,000.00……………………….3,000.00
790.00
2,210.00
6. P350,000.00 or more but not more than P400,000.00……………………….3,250.00
840.00
2,410.00
7. For each P1,000.00 in excess P400,000.00
1.00
9.00
If the value of the estate as definitely appraised by the court is more than the value declared in the application, the difference of fee shall be paid: provided that a certificate from the clerk of court that the proper fees have been paid shall be required prior to the closure of the proceedings.
(e) For filing petitions for naturalization or other modes of acquisition of citizenship, two thousand (P2,000.00) pesos;
32.00
1,968.00
(f) For filing petitions for adoption, support, annulment of marriage, legal separation and other actions or proceedings under the Domestic Adoption Act of 1998, the Inter-Country Adoption Act of 1995 and the Family Code, as the case may be, two hundred (P200.00) pesos;
If the proceedings involved separation of property, an additional fee corresponding, to the value of the property involved shall be collected, computed in accordance with the rates for special proceedings.
32.00
168.00
(g) For all other special proceedings not concerning property; two hundred (P200.00) pesos;
32.00
168.00
(h) For the performance of marriage ceremony including issuance of certificate of marriage, three hundred (P300.00) pesos;
300.00
(i) For filing an application for commission as notary public, five hundred (P500.00) pesos;
32.00
468.00
(j) For certified copies of any paper, record, decree, judgment or entry thereof for each page, four (P4.00) pesos and fifteen (P15.00) pesos for certification 
0.40
3.60
15.00
(k) For a commission on all money coming into the clerk's hands by law, rule, order or writ of court and caring for the same, one and one half (1.5%) per centum on all sums not exceeding forty thousand (P40,000.00) pesos;
1) On all sums notexceeding P40,000.00
1/2%
1%
2) On all sums exceeding P40 000.00
1/4%
3/4%
(1) For any other services as clerk not provided in this section, one hundred and fifty (P150.00) pesos shall be collected. (7a)
Sec. 8. Clerks of Court of the First Level Courts.

(a) For each civil action or proceeding, where the value of the subject matter involved, or the amount of the demand inclusive of interest, damages of whatever kind, attorney's fees, litigation expenses, and costs is:chanrobles virtual law library

150.00
1. Not more than P20,000.00………….P150.00
60.00
90.00
2. More than P20,000.00 but not more than P100,000.00…………………….500.00
200.00
300.00
3. More than P100,000.00 but not more than P200,000.00………………….1,250.00
357.50
893.00
4. More than P200,000.00 but not more than P300,000.00……………………..1,750.00
520.00
1,230.00
5. More than P300,000.00 but not more than P400,000.00……………………..2,500.00
650.00
1,850.00
In a real action, other than for forcible entry and unlawful detainer, the assessed value of the property or if not declared for taxation purposes, the assessed value of the adjacent lots or if there is none, the estimated value thereof shall be alleged by the claimant and shall be the basis in computing the fees:chanroblesvirtuallawlibrary
(b) For initiating proceedings for the allowance of wills, granting of letters of administration and settlement of estates of small value, where the value of the estate is:chanroblesvirtuallawlibrary
1. Not more than P20,000.00……P 250.00
60.00
190.00
2. More than P20,000.00 but of more than P100,000.00……………………….1,350.00
540.00
810.00
3. More than P 100,000.00 but not more than P200,000.00……………………….2,000.00
697.50
1,302.50
4. For each proceeding other than the allowance of wills (probate), granting of letters of administration, settlement of estate of small value, two hundred (P200.00) pesos;
200.00
(c) For forcible entry and unlawful detainer cases, one hundred and fifty (P150.00) pesos;
10.00
140.00
(d) For appeals in all actions or proceedings, including forcible. entry and detainer cases, taken from courts of first level, two hundred (P200.00) pesos;
20.00
180.00
(e) For the performance of marriage ceremony, including issuance of certificate of marriage, three hundred (P300.00) pesos;
2.00
298.00
(f) For taking affidavit, twenty-five (P25.00) pesos;
1.00
24.00
(g) For taking acknowledgment, thirty (P30.00) pesos;
1.50
28.50
(h) For taking and certifying depositions, including oath, per page, eight (P8.00) pesos;
0.40
7.60
(i) For certified copies of any record, per page, ten (P10.00) pesos;
0.40
9.60
(j) For stamping and registering books as required by articles nineteen and thirty-six of the Code of Commerce, each book, thirty (P30.00) pesos;
2.00
28.00
(k) For performing notarial acts for which fees are not specifically fixed in this section, the same fees which notaries public are entitled to receive. (8a)
Sec. 9. Sheriffs and other persons serving processes.-
(a) For serving summons and copy of complaint, for each defendant, sixty (P60.00) pesos;
4.00
56.00
(b) For serving subpoenas in civil action or proceeding, for each witness to be served, twenty-four (P24.00) pesos;
0.40
23.60
(c) For executing a writ of attachment against the property of defendant, sixty (P60.00) pesos;
4.00
56.00
(d) For serving a temporary restraining order, or writ of injunctions, preliminary or final, of any court, sixty (P60.00) pesos;
60.00
(e) For executing a writ of replevin, sixty (P60.00) pesos;
60.00
(f) For filing bonds or other instruments of indemnity or security in provisional remedies, for each fond or instrument, fifty (P50.00) pesos;
1.00
49.00
(g) For executing a writ of process to place a party in possession of real estates, one hundred fifty (P150.00) pesos;
4.00
146.00
(h) For advertising a sale, besides cost of publication, seventy-five (P75.00) pesos;
2.00
73.00
(i) For taking inventory of goods levied upon the when inventory is ordered by the court, one hundred and fifty (P150.00) pesos per; day of actual inventory work;
150.00
(j) For levying on execution on personal or real property, seventy-five (P75.00) pesos;
4.00
71.00
(k) For issuing a notice of garnishment, for each notice thirty P30.00 pesos;
30.00
(l) For money collected by him by order, execution, attachment, or any other process, judicial or extrajudicial, the following sums to wit:chanroblesvirtuallawlibrary
(1) On the first four thousand (P4,000.00) pesos, five (5%) per centum;

(2) On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) per centum.cralaw

In addition to the fees, hereinabove fixed, the party requesting the process of any court, preliminary, incidental, or final, shall pay the sheriffs expenses in serving or executing the process or safeguarding the property levied upon, attached or seized, including kilometrage for each kilometer of travel, guards' fees, warehousing and similar charges, in an amount estimated by the sheriff, subject to the approval of the court. Upon approval of said estimated expenses, the interested party shall deposit such amount with the clerk of court and ex-officio sheriff, who shall disburse the same to the deputy sheriff assigned to effect the process, subject. to liquidation within the same period for rendering a return on the process. Any unspent amount shall be refunded to the party making the deposit. A full report shall be submitted by the deputy sheriff assigned with his return, and the sheriff's expenses shall be taxed as costs against the judgment debtor. (9a)

1%
1/2%
4%
2%
Sec. 10. Stenographers. - Stenographers shall give certified transcript of notes taken by them to every person requesting the same upon payment of (a) six (P6.00) pesos for each page of not less than two hundred and fifty words before the appeal is taken and (b) three pesos and sixty centavos (P3.60), for the same page, after, the filing of the appeal; provided, however, that one third of the total charges shall be paid to the court and the remaining two-thirds to the stenographer concerned. (10a)
.60
.30
5.40
3.30
See. 11. Notaries- No notary public shall charge or receive for any service rendered by him any fee, remuneration or compensation in excess of those expressly prescribed in the following schedule:chanroblesvirtuallawlibrary
(a) For protests of drafts, bills of exchange, or promissory notes for nonacceptance or non-payment, and for notice thereof, thirty-six (P36.00) pesos 
(b) for the registration of such protest and filing or safekeeping of the same, thirty-six (P36.00) pesos;
(c) For authenticating powers of attorney, thirty-six (P36.00) pesos;
(d) For sworn statement concerning correctness of any account or other document, thirty-six (P36.00) pesos;
(e) For each oath of affirmation, thirty-six (P36.00) pesos;
(f) For receiving evidence of indebtedness to be sent outside, thirty-six (P36.00) pesos
(g) For issuing a certified copy of all or part of his notarial register or notarial records, for each page, thirty-six (P36.00) pesos;
(h) For taking depositions for each page, thirty-six (P36.00) pesos; and
(i) For acknowledging other documents not enumerated in this section, thirty-six (P36.00) pesos. (l1 a)
Sec. 12. Other officers taking depositions.- Other officers taking depositions shall receive the same compensation as above provided for notaries public for taking and certifying depositions. (10)
Sec. 13. Witness fees.- (a) Witnesses in the Supreme Court, in the Court of Appeals and in the Regional Trial Courts, either in actions or special proceedings, shall be entitled to one hundred (P 100.00) per day inclusive of travel time; (b) Witnesses before courts of the first level shall be allowed fifty (P50.00) pesos per day; (c) Fees to which witnesses may be entitled in a civil action shall be allowed, on the certification of 'the clerk of court or judge of his appearance in the case. A witness shall not be allowed compensation for his attendance in more than one case or more than one side of the same case at same time, but may elect in which of several cases or on which side of a case, when he is summoned by both sides, to claim his attendance. A person who is compelled to attend court on other business shall not be paid as witness. (11a)
Sec. 14. Fees of appraisers.- Appraisers appointed to appraise the estate of a ward of a deceased person shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their reports, which fees, in each instance, shall be paid out of the estate of the ward or deceased person, as the case may be. Any actual and necessary travelling expenses incurred in the performance of their duties of such appraisers may likewise be allowed and paid out of the estate. (12a)
Sec. 15. Fees of commissioners in eminent domain proceedings.- The commissioners appointed to appraise land sought to be condemned for public uses in accordance with these rules shall each receive a compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as part of the costs of the proceedings. (13a)
Sec. 16. Fees of commissioners in proceedings for partition of real estate.- The commissioners appointed to make partition of real estate shall each receive s compensation of two hundred (P200.00) pesos per day for the time actually and necessarily employed in the performance of their duties and in making their report to the court, which fees shall be taxed as a part of the costs of the proceedings. (14a)
Sec. 17. Fees and the account thereof.- The clerk, under the direction of the judge, shall keep a book in which shall be entered the items of fees which have accrued for the transaction of businesses covered by the provisions of this rule, for which fees are payable, specifying for what business each time of fees-has accrued. Receipts shall be given for all fees received and they shall be accounted for in the manner provided in relation to the fees of clerks of courts in actions. The book of fees kept by the clerk shall be accounted for in the manner provided in relation to the fees of the clerk of court in inspection of auditing officer and other interested therein. (15)
Sec. 18. Indigent-litigants exempt from payment of legal fees.- Indigent-litigants (a) whose gross income and that of their immediate family do not exceed four thousand (P4,000.00) pesos a month if residing in Metro Manila, and three thousand (P3,000.00) pesos a month if residing outside Metro Manila, and (b) who do not own real property with an assessed .value of more than fifty thousand (P50,000.00) pesos shall be exempt from the payment of legal fees.
The legal fees shall be a lien on any judgment rendered in the case favorably to the indigent litigant, unless the court otherwise provides.
       
To be entitled to the exemption herein provided, the litigant shall execute an affidavit that he and his immediate family do not earn a gross income abovementioned, nor they own any real property with the assessed value aforementioned, supported by an affidavit of a disinterested person attesting to the truth of the litigant's affidavit.
Any falsity in the affidavit of a litigant or disinterested, person shall be sufficient cause to strike out the pleading of that party, without prejudice to whatever criminal liability may have been incurred. (16a)
Sec. 19. In addition to the fees imposed in the receding sections, a victim-compensation fee of five (P5.00) pesos pursuant to Rep. Act. No. 7309 shall be assessed and collected for the filing of every complaint or petition initiating, an ordinary civil action, special civil action or special proceeding in the trial courts including civil actions impliedly instituted with criminal actions under Rule 111, Revised Rules of Criminal Procedure where a filing fee is likewise collected. All sums collected shall be remitted to the Department of Justice every quarter by the Clerk of Court concerned. (18-A)
Sec. 20. Other fees.- The following fees shall also be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:chanroblesvirtuallawlibrary
        
(a) In estafa cases where the offended party fails to manifest within fifteen [15] days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted;
1. Less than P 100,000.00
500.00
2. P100,000.00 or more but less than P150,000.00
800.00
3. P150,000:00 or more but less than P200,000.00
1,000.00
4. P200,000.00 or more but less than P250,000.00
1,500.00
5. P250,000.00 or more but less than P300,000.00
1,750.00
6. P300,000.00 or more but less than P350,000.00
2,000.00
7. P350,000.00 or more but no more than P400,000.00
2,250.00
8. For each P1,000.00 in excess of P400,000.00
10.00
(b) For motions for postponements after completion of the pre-trial stage, one hundred pesos (P100.00) for the first, and an additional fifty (P50.00) pesos for every postponement thereafter based on that for the immediately preceding motion: Provided, however, that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason:chanroblesvirtuallawlibrary
JDF
(c) For bonds by sureties in criminal and civil cases. Three hundred pesos (P300.00)
300.00
(d) For applications for and entries of certificates of sale and final deeds of sale in extra judicial foreclosures of mortgages, three hundred (P300.00) pesos;
300.00
(e) For applications for and certificates of sale in notarial foreclosures:chanroblesvirtuallawlibrary
(1) On the first four thousand (P4,000.00) pesos five (5%) percent;

(2) On all sums in excess of four thousand (P4,000.00) pesos, two and one-half (2.5%) percent. (A.M. No. 99-8-01-SC, September 14, 1999)

JDF
JDF
Sec. 21. Government exempt.- The Republic of the Philippines and its agencies and instrumentalities are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees. (19)
II. PROCEDURAL GUIDELINES

A. Judiciary Development Fund

Establishment of the Fund.- The Judiciary Development Fund, hereinafter referred to as the Fund is intended to benefit the members and personnel of the Judiciary to further ensure and guarantee the independence of the Judiciary as mandated by the Constitution. The Fund shall be derived from, among others, the increase in legal fees prescribed in the amendments to Rule 141 of the Rules of Court, which became effective on October 1, 1984. The fund shall be used to augment the allowances of the members and personnel of the Judiciary and to finance the acquisition, maintenance and repair of office equipment and facilities. At least eighty percent (80%) of the Fund shall be used for cost of living allowances, and not more than twenty percent (20%) of the said Fund shall be used for office equipment and facilities of the Court located where the legal fees are collected. The aforesaid allowances of the members and personnel of the Judiciary shall be distributed in proportion to their basic salaries, with bigger allowances being granted to those receiving a basic salary of less than P1,000.00 a month. (Section 1, Presidential Decree No. 1949)

The Chief Justice of the Supreme Court shall administer and allocate the Fund and shall have the sole exclusive power and duty to approve and authorize disbursement and expenditures of the Fund in accordance with Presidential Decree No. 1949 and its implementing rules and regulations. (Section 2, P.D. No. 1949)

1. Duty of the Clerks of Court, Officer-in-Charge or Accountable Officers. - The Clerks of Court, Officers-in-Charge of the Office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the Judiciary Development Fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR JUDICIARY DEVELOPMENT FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund. 2. Depository Bank for the Fund. - The amounts accruing to the shall be deposited for the, account of the Judiciary Development Fund, Supreme Court, Manila by the Clerks of Court, Officers-in-Charge, of the Office of the Clerk of Court in an authorized government depository bank. The income or interest earned shall likewise form part of the Fund. For this purpose, the depository bank for the Fund shall be the LAND BANK OF THE PHILIPPINES (LBP) or its branches. In the absence of a LBP Branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the latter for deposit to the JDF Savings Account. In cases of remittances through PMOs, Clerks of Courts/Accountable officers are directed to check the entries on the PMO as to (a) date (staled PMOS should not be remitted); (b) amount in words and figures; and (c) signature of the Postmaster, to avoid inconveniences. 3. Systems and Procedures. -- (a)  In the Supreme Court.- The Collecting and Disbursing officer of the Supreme Court shall, unless otherwise authorized by the Chief Justice, deposit daily all collections accruing to the Fund with the LBP main office "For the account of the Judiciary Development Fund, Supreme Court, Manila SAVINGS ACCOUNT No. 0591-0116-34."

(b) In the CA, SB and CTA.- The respective collecting officers in these courts shall deposit daily their collections accruing to the Fund in the aforementioned SAVINGS ACCOUNT with the LBP for the account of the JUDICIARY DEVELOPMENT FUND, Supreme Court, Manila, furnishing the Chief FMBO of the Supreme Court the notice of such deposits.cralaw

(c) In the RTC, MeTC, MTCC, MTC. MCTC, SDC and SCC.- The daily collections for the Fund in these courts shall be deposited everyday with the nearest LBP branch for the account of the Judiciary Development Fund, Supreme Court, Manila - SAVINGS ACCOUNT No. 0591-0116-34 or if depositing daily is not possible, deposits for the Fund shall be at the end of every month, provided, however, that whenever collections for the Fund reach P500.00, the same shall, be deposited immediately even before the period above-indicated.cralaw

A separate set of official receipts shall be used for the collections for the Fund. The official receipt issued for the Fund shall invariably indicate the prefix initial of the name of the Fund, "JDF", followed immediately by the description of the kind and nature of the collection. Official receipts for the Fund shall be provided by the Supreme Court.cralaw

Collections shall not be used for encashment of personal checks, salary checks, etc., Only Cash, Cashier's Check and Manager's Check are acceptable as payments.cralaw

Cash Book for the Judiciary Development Fund can be requisitioned from the Property Division, Office of the Court Administrator.cralaw

(d) Rendition of Monthly Report.- Separate "Monthly Report of Collections and Deposits" shall be regularly prepared for the Judiciary development Fund which shall be submitted to the Chief Accountant, FMO OCA copy furnished the FMBO Supreme Court, the Fiscal Monitoring Division within ten [10] days after the end of every month. Duplicate copies of the official receipts issued during such month covered and validated copy of the Deposit Slips, should likewise be submitted. Deposit slips that are not machine validated shall not be considered as deposits.cralaw

The aggregate total of the Deposit Slips for any particular month should always be equal to and tally with the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.cralaw

(e) Reimbursement of Expenses.- All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Judiciary Development Fund shall be reimbursed by the Supreme Court, OCA upon submission of the duly accomplished voucher, together with the necessary receipts and other supporting papers required in audit, direct to the Chief of Finance Division, FMO (OCA).cralaw

In no case shall expenses incurred for the Judiciary Development Fund be deducted from the collections which should be remitted in full.cralaw

All reports and correspondence relative to collections and deposits of Judiciary Development Fund shall be, addressed to:chanrobles virtual law library

THE CHIEF ACCOUNTANT
OFFICE OF THE COURT ADMINISTRATOR
SUPREME COURT OF THE PHILIPPINES
MANILA
The FMO (OCA) shall in turn submit a report thereon to the Chief Justice.

(f) Account Examination for Internal Control.- To safeguard and control the Fund, examination of the records of the Clerks of Court, Officer-in-Charge or Accountable Officers shall be conducted by the staff and personnel of the Supreme Court, OCA whenever circumstances warrant.cralaw

4. Disposition of the Fund shall be only upon prior authority of the Chief Justice.cralaw

B. General Fund (GF) (1) Duty of the Clerks of Court, Officer-in-Charge or Accountable Officers.- The Clerks of Court, Officers-in-Charge of the office of the Clerk of Court, or their accountable duly authorized representatives designated by them in writing, who must be accountable officers, shall receive the General fund collections, issue the proper receipt therefor, maintain a separate cash book properly marked CASH BOOK FOR CLERK OF COURT's GENERAL FUND AND SHERIFF'S GENERAL FUND, deposit such collections in the manner herein prescribed, and render the proper Monthly Report of Collections and Deposits for said Fund.

(2) Depository Bank of the GF.- The amounts accruing to the Fund shall be deposited for the account of the General Fund, Bureau of Treasury by the Clerks of Court, Officers-in-Charge of the office of the Clerk of Court in an authorized government depository bank. For this purpose, the depository bank for the GF shall be the LAND BANK OF THE PHILIPPINES (LBP) or its branches. In the absence of a LBP Branch, Postal Money Orders (PMOs) payable to the Chief Accountant, SC (OCA) can be purchased from the Local Post Office and sent to the Chief Accountant, SC (OCA) for deposit to the Bureau of Treasury.cralaw

The aggregate total of the Deposit Slips for any particular month should always be equal to and tally with the total collections for that month as reflected in the Monthly Report of Collections and Deposits, and Cash Book.cralaw

(3). Reimbursement of Expenses.- All ordinary and reasonable expenses incurred for the remittance of collections and transmittal of reports for the Sheriff's General Fund and Clerk of Court's General Fund shall be reimbursed by the Supreme Court, OFFICE OF THE COURT ADMINISTRATOR upon submission of the duly accomplished voucher, together with the necessary receipts and other supporting papers required in audit, direct to the Chief of Finance Division, FMO, OFFICE OF THE COURT ADMINISTRATOR.cralaw

In no case shall expenses incurred for the Sheriffs General Fund and Clerk of Court's General Fund be deduced from the collections which should be remitted in full.cralaw

All reports and correspondence relative to collections and deposits of General Fund shall be addressed to:chanroblesvirtuallawlibrary

THE CHIEF ACCOUNTANT 
OFFICE OF THE COURT ADMINISTRATOR
SUPREME COURT OF THE PHILIPPINES
MANILA
The FMO (OCA) shall in turn submit a report thereon to the Chief Justice.

Strict observance of these rules and regulations is hereby enjoined. The Clerks of Court, Officer-in-Charge shall exercise close supervision over their respective duly authorized representatives to ensure strict compliance herewith and shall be held administratively accountable for failure to do so. Failure to comply with any of these rules and regulations shall mean the withholding of the salaries and allowances of those concerned until compliance thereof is duly effected, pursuant to Section 122 of P. D. No. 1445 dated June 11, 1978, without prejudice to such further disciplinary action the Court may take against them.cralaw

June 15, 2000.

         
      

[Sgd.] HILARIO G. DAVIDE, JR.
Chief Justice
 chanroblesvirtualawlibrary


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