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TO: JUDGES
AND CLERKS OF COURT OF THE COURT OF TAX APPEALS, 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 AND THE INTEGRATED BAR OF THE PHILIPPINES
SUBJECT:
ALL COMPLAINTS MUST SPECIFY THE AMOUNTS OF DAMAGES SOUGHT NOT ONLY IN
THE
BODY OF THE PLEADING BUT ALSO IN THE PRAYER IN ORDER TO BE ACCEPTED AND
ADMITTED FOR FILING. THE AMOUNT OF DAMAGES SO SPECIFIED IN THE
COMPLAINT
SHALL BE THE BASIS FOR ASSESSING THE AMOUNT OF THE FILING FEES.
For the guidance of all concerned, the warning given by the Court in the afore-cited case is reproduced hereunder: "To put a stop to this irregularity, henceforth, all complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading but also in the prayer and said damages shall be considered in the assessment of the filing fees in any case. Any pleading that fails to comply with this requirement shall not be accepted nor admitted or shall otherwise be expunged from the record. "The Court acquires jurisdiction over any case only upon the payment of the prescribed docket fee. An amendment of the complaint or similar pleading will not thereby vest jurisdiction in the Court, much less the payment of the docket fee based on the amount sought in the amended pleading. The ruling in the Magaspi case [115 SCRA 193] insofar as it is inconsistent with this pronouncement, is overturned and reversed." Let this be circularized to all the Courts hereinabove named and to the President and Board of Governors of the Integrated Bar of the Philippines, which is hereby directed to disseminate this Circular to all its members. March 24, 1988.
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