Amendment of Sec. 21 (i), Rule 141 of the Rules of Court (A.M. No. 04-2-04-SC, August 16, 2004)

September 27, 2006 OCA CIRCULAR NO. 138-06 TO : All Clerks of Court in the Multiple and Single Sala Regional Trial Courts SUBJECT : Amendment of Sec. 21 (i), Rule 141 of the R ule s of Court (A.M. No.04-2-04-SC, August 16, 2004) The Court En Banc acting on the Resolution dated September 5, 2006 of the Committee on the Revision of R ule s of Court, Resolved to AMEND Section 21 (i), Rule 141 of The Rules of Court (A.M. No. 04-2-04-SC, August 16, 2004) in its Resolution dated September 19, 2006 in A.M. No. 04-2-04-SC, as follows: "xxx xxx xxx Sec. 21. Other fees. The following fees shall also be collected by the clerks of the Regional Trial Courts or courts of the first level, as the case may be: (a) . . . (b) . . . (c) . . . (d) . . . (e) . . . (f) . . . (g) . . . (h) . . . (i) For petitions for rehabilitation, under the Interim Rules of Procedure on Corporate Rehabilitation, the fees payable shall be based on the value of the assets of, or amount of monetary claims against the debtor whichever is higher, which must be declared in the Petition, as follows: ISTDAH 1. Fees Payable. From effectivity Nov. 11, 2004 Nov. 11, 2005 to to to Effective Nov. 10, 2004 Nov. 10, 2005 Nov. 10, 2006 Nov. 11, 2006 1. Less than P10,000,000.00 P12,500.00 P15,000.00 P17,500.00 P20,000.00 2. P10,000,000.00 or more P25,500.00 P30,000.00 P35,000.00 P40,000.00 but less than P20,000,000.00 3. P20,000,000.00 or more P37,500.00 P45,000.00 P52,500.00 P60,000.00 but less than P30,000,000.00 4. P30,000,000.00 or more P50,000.00 P60,000.00 P70,000.00 P80,000.00 but less than P40,000,000.00 5. P40,000,000.00 or more P62,500.00 P75,000.00 P87,500.00 P100,000.00 but less than P50,000,000.00 6. P50,000,000.00 or more P75,000.00 P90,000.00 P100,000.00 P120,000.00 but less than P60,000,000.00 7. P60,000,000.00 or more P87,500.00 P100,000.00 P122,500.00 P140,000.00 but less than P70,000,000.00 8. P70,000,000.00 or more P100,000.00 P120,000.00 P140,000.00 P160,000.00 but less than P80,000,000.00 9. P80,000,000.00 or more P112,500.00 P135,000.00 P157,500.00 P180,000.00 but not less than P90,000,000.00 10. P90,000,000.00 or more P125,000.00 P150,000.00 P175,000.00 P200,000.00 but not more than P100,000,000.00 11. For each P10,000.00 in P12.50 P15.00 P17.50 P20.00 excess of P100,000,000.00 2 Manner of Payment. 2.1 Fees amounting to P100,000.00 or less shall be paid upon the filing of the petition. 2.2 Fees in excess of P100,000.00 may be paid on staggered basis as follows: 2.2.1 P100,000.00 shall be paid upon filing the petition. 2.2.2 The balance shall be paid in accordance with the following schedule: 2.2.2.1 25% shall be paid upon the issuance of an order giving due course to the petition; 2.2.2.2 25% shall be paid upon the approval of the rehabilitation plan; and 2.2.2.3 The balance of 50% shall be included as part of the preferred payables to be settled in the rehabilitation plan. The value of the assets shall be based on the fair market value of the real properties of the petitioner stated in the tax declaration or the zonal value thereof fixed by the Bureau of Internal Revenue, whichever is higher, or, if there is none, the stated value of the assets in the petition. In case of personal property, the value shall be stated by the petitioner in the petition. aAHSEC If during trial, the court finds that the value of the assets is more or the monetary claims are higher than the amounts stated in the complaints or petition, then it shall order the payment of additional fees based thereon. (j) . . . (k) . . . xxx xxx xxx These amendments shall take effect on October 16, 2006 following their publication in a newspaper of general circulation not later than September 22, 2006. " For your information and guidance. (SGD.) CHRISTOPHER O. LOCK Court Administrator