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[A.M.No.01-2-28-RTC March 6, 2001]

QUERY OF EXEC. JUDGE TUASON JR.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 6 2001

A.M. No. 01-2-28-RTC ( Query of Exec. Judge Florentino A. Tuason, Jr., RTC, Makati City, relative to Rule 41, �12 of the 1997 Rules on Civil Procedure.)

For consideration is the letter, dated October, 3, 2000, of Executive Judge Florentino A. Tuason, Jr., of the Regional Trial Court, Branch 139, Makati City, inquiring who should bear the expenses for the reproduction of documents required to be retained by lower courts as required by Rule 41, �12 of the Rules of Civil Procedure after the records are transmitted to the appellate court on account of an appeal. Rule 41, �12 provides:

Transmittal.- The clerk of the trial court shall transmit to the appellate court the original record or the approved record on appeal within thirty (30) days from the perfection of the appeal, together with the proof of payment of the appellate court docket and other lawful fees, a certified true copy of the minutes of the proceedings, the order of approval, the certificate of correctness, the original documentary evidence referred to therein, and the original and three (3) copies of the transcripts. Copies of' the transcripts and certified true copies of the evidence shall remain in the lower court for the examination of the parties.

The Office of the Court Administrator recommends that the expenses be defrayed by the appellants in a case. The OCA states that as the retention of copies of the transcript of. stenographic notes and documentary evidence is for the benefit of the appellants, the expenses should be defrayed by them.

It should be noted, however, that the requirement in question is a requirement in the Rules of Court and that it exists regardless of whether the parties to the appeal make use of the TSNs and exhibits; that if they are at all examined or consulted, not only the appellants but also the appellees may do so; and that in Metro Manila, parties wishing to see said TSNs and exhibits can simply do so by going to the appellate court. The TSNs required to be retained can be supplied by the court stenographer who took them. But as to documentary evidence consisting of exhibits, there is no known fund against which the expenses for reproducing the evidence can be drawn.

Considering the foregoing, the Court RESOLVED to REFER this matter to the Committee on the Rules of Court for study and recommendation within thirty (30) days from notice.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court


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