Amendment of Sec. 21 (i), Rule 141 of the Rules of Court (A.M. No. 04-2-04-SC, August 16, 2004)
OCA Circular No. 138-06, issued on September 27, 2006, amends Section 21(i) of Rule 141 of the Rules of Court regarding fees for petitions for corporate rehabilitation. The amendment specifies that fees will be determined based on the higher value between the debtor's assets or monetary claims, with a structured fee schedule based on asset value. For amounts exceeding P100,000, fees can be paid in installments, with specific percentages due at various stages of the rehabilitation process. The circular emphasizes that any discrepancies discovered during trial may result in additional fee assessments. The amendments took effect on October 16, 2006, following publication.
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 Rules 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 Rules 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. —
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From
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effectivity
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Nov. 11, 2004
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Nov. 11, 2005
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to
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to
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to
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Effective
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Nov. 10, 2004
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Nov. 10, 2005
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Nov. 10, 2006
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Nov. 11, 2006
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| 1. | Less than P10,000,000.00 |
P12,500.00
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P15,000.00
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P17,500.00
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P20,000.00
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| 2. | P10,000,000.00 or more |
P25,500.00
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P30,000.00
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P35,000.00
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P40,000.00
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| but less than |
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| P20,000,000.00 |
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| 3. | P20,000,000.00 or more |
P37,500.00
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P45,000.00
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P52,500.00
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P60,000.00
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| but less than |
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| P30,000,000.00 |
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| 4. | P30,000,000.00 or more |
P50,000.00
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P60,000.00
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P70,000.00
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P80,000.00
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| but less than |
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| P40,000,000.00 |
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| 5. | P40,000,000.00 or more |
P62,500.00
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P75,000.00
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P87,500.00
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P100,000.00
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| but less than |
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| P50,000,000.00 |
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| 6. | P50,000,000.00 or more |
P75,000.00
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P90,000.00
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P100,000.00
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P120,000.00
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| but less than |
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| P60,000,000.00 |
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| 7. | P60,000,000.00 or more |
P87,500.00
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P100,000.00
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P122,500.00
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P140,000.00
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| but less than |
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| P70,000,000.00 |
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| 8. | P70,000,000.00 or more |
P100,000.00
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P120,000.00
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P140,000.00
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P160,000.00
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| but less than |
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| P80,000,000.00 |
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| 9. | P80,000,000.00 or more |
P112,500.00
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P135,000.00
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P157,500.00
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P180,000.00
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| but not less than |
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| P90,000,000.00 |
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| 10. | P90,000,000.00 or more |
P125,000.00
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P150,000.00
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P175,000.00
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P200,000.00
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| but not more than |
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| P100,000,000.00 |
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| 11. | For each P10,000.00 in |
P12.50
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P15.00
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P17.50
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P20.00
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| 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. LOCKCourt Administrator