Amendment of Section 21 (i), Rule 141 of the Rules of Court

September 19, 2006

EN BANC

A.M. No. 04-2-04-SC

RE: AMENDMENT OF SECTION 21 (I), RULE 141 OF THE RULES OF COURT (A.M. NO. 04-2-04-SC, AUGUST 16, 2004) BY CLARIFYING THE MANNER OF PAYMENT OF THE INCREASED FEES FOR CORPORATE REHABILITATION PETITIONS, TAKING INTO ACCOUNT THE COURT'S ISSUANCE IN AMENDMENT ON THE CLARIFICATION ON THE LEGAL FEES TO BE COLLECTED IN CASES OF CORPORATE REHABILITATION (A.M. NO. 00-8-10-SC, DECEMBER 10, 2002)

RESOLUTION

Acting on the Resolution dated September 5, 2006 of the Committee on the Revision of Rules of Court, the Court Resolved to AMEND Section 21 (i), Rule 141 of the Rules of Court (A.M. NO. 04-2-04-SC, August 16, 2004), as follows: TEcADS

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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:

1.  FEES PAYABLE. —

		From effectivity to Nov. 10, 2004	Nov. 11, 2004 to Nov. 10, 2005	Nov. 11, 2005 to Nov. 10, 2006	Effective Nov. 11, 2006
01.	Less than P10,000,000.00	P12,500.00	P15,000.00	P17,500.00	P20,000.00
02.	P10,000,000.00 or more but	P25,500.00	P30,000.00	P35,000.00	P40,000.00
03.	P20,000,000.00 or more but	P37,500.00	P45,000.00	P52,500.00	P60,000.00
04.	P30,000,000.00 or more but	P50,000.00	P60,000.00	P70,000.00	P80,000.00
05.	P40,000,000.00 or more but	P62,500.00	P75,000.00	P87,500.00	P100,000.00
06.	P50,000,000.00 or more but	P75,000.00	P90,000.00	P105,000.00	P120,000.00
07.	P60,000,000.00 or more but	P87,500.00	P105,000.00	P122,500.00	P140,000.00
08.	P70,000,000.00 or more but	P100,000.00	P120,000.00	P140,000.00	P160,000.00
09.	P80,000,000.00 or more but	P112,500.00	P135,000.00	P157,500.00	P180,000.00
10.	P90,000,000.00 or more but	P125,000.00	P150,000.00	P175,000.00	P200,000.00
11.	For each P10,000.00 in	P12.50	P15.00	P17.50	P20.00

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 OF 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. aASEcH

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 complaint or petition, then it shall order the payment of additional fees based thereon.

(j). . .

(k). . .

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These amendments shall take effect on October 16, 2006 following their publication in a newspaper of general circulation not later than September 22, 2006.

 

(SGD.) ARTEMIO V. PANGANIBANChief Justice

(SGD.) REYNATO S. PUNOAssociate JusticeSupreme Court of the Philippines

(SGD.) LEONARDO A. QUISUMBINGAssociate JusticeSupreme Court of the Philippines

(SGD.) CONSUELO YNARES-SANTIAGOAssociate JusticeSupreme Court of the Philippines

(SGD.) ANGELINA SANDOVAL-GUTIERREZAssociate JusticeSupreme Court of the Philippines

(SGD.) ANTONIO T. CARPIOAssociate JusticeSupreme Court of the Philippines

(SGD.) MA. ALICIA AUSTRIA-MARTINEZAssociate JusticeSupreme Court of the Philippines

(SGD.) RENATO C. CORONAAssociate JusticeSupreme Court of the Philippines

(SGD.) CONCHITA CARPIO-MORALESAssociate JusticeSupreme Court of the Philippines

(SGD.) ROMEO J. CALLEJO, SR.Associate JusticeSupreme Court of the Philippines

(SGD.) ADOLFO S. AZCUNAAssociate JusticeSupreme Court of the Philippines

(SGD.) DANTE O. TINGAAssociate JusticeSupreme Court of the Philippines

(SGD.) MINITA V. CHICO-NAZARIOAssociate JusticeSupreme Court of the Philippines

(SGD.) CANCIO C. GARCIAAssociate JusticeSupreme Court of the Philippines

(SGD.) PRESBITERO J. VELASCO, JR.Associate JusticeSupreme Court of the Philippine