Republic v. Ciruelas

SECOND DIVISION

[G.R. No. 239505. October 8, 2018.]

REPUBLIC OF THE PHILIPPINES, petitioner,vs. ROGELIO B. CIRUELAS REPRESENTED BY HIS ATTORNEY-IN-FACT, DOMINADOR B. CIRUELAS, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, Second Division, issued a Resolution dated08 October 2018which reads as follows: HTcADC

"G.R. No. 239505 (REPUBLIC OF THE PHILIPPINES v. ROGELIO B. CIRUELAS represented by his attorney-in-fact, Dominador B. Ciruelas)

Petitioner Republic of the Philippines, through the Office of the Solicitor General, moves for the reconsideration of the Resolution dated 2 July 2018 requiring it to pay P1,000 for the Sheriff's Trust Fund (STF). According to petitioner, it cannot pay the STF because it has no funds allocated for the purpose. Petitioner alleges that it is not a government agency but the Republic itself. Petitioner asserts that it must be exempted from paying legal fees and costs, including STF.

In A.M. No. 17-12-09-SC, dated 10 January 2018, the Court clarified that STF is not part of the filing fees and that there is a need to collect the amount of P1,000 from those who are listed as exempted from the payment of filing fees. The Court stated that STF should be collected from government agencies and from those exempt from the payment of filing fees.

STF is not part of the filing fees. It is collected for the enforcement of judgments, which is for the benefit of the parties. A.M. No. 17-12-09-SC further clarified that STF is not only for sheriffs but also for process servers and other court personnel designated to serve notices, subpoenas, and other court processes. The Court has no funds for STF because there is no appropriation for it under the General Appropriations Act. The Court cannot divert its funds to pay for these fees which should be paid by the parties, including those who are listed as exempted from the payment of filing fees.

Accordingly, the Court resolves to DENY the motion of petitioner Republic of the Philippines to be exempt from payment of the Sheriff's Trust Fund. aScITE

After deliberating on the petition for review on certiorari of the Decision and Resolution dated 1 December 2017 and 22 May 2018, respectively, of the Court of Appeals in CA-G.R. CV No. 104582, the Court, without giving due course thereto, further resolves to require respondent to COMMENT thereon (not to file a motion to dismiss) within ten (10) days from notice hereof." (J. Reyes, Jr., J., designated additional member per Special Order No. 2587 dated 28 August 2018)

Very truly yours,

MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court