Authority of the Office of the OCA Over Questions Concerning Correct or Proper Assessment and Collection of Docket Fees

April 22, 2005

OCA CIRCULAR NO. 42-05

The Office of the Court Administrator has been receiving numerous queries on correct or proper assessment and collection of docket fees. In relation thereto, we are quoting hereunder the resolution of the Court En Banc dated 8 March 2005 in A.M. No. 05-3-03-0-Re: Letter of Mr. John Luym relative to the Docket Fee paid by Plaintiffs in SRC Case No. 021-CEB (formerly Civil Case No. CEB-25502) for the information and guidance of all concerned:

"A.M. No. 05-3-03-0. — Re: Letter of Mr. John Luym Relative to the Docket Fee Paid by Plaintiffs in SRC Case No. 021-CEB (formerly Civil Case No. CEB-25502). — The Court Resolved, upon the recommendation of the Office of the Court Administrator, to

(a) INFORM Mr. John Luym that questions relating to the assessment and collection of docket fees are judicial in nature that should only be determined by the regular courts and not through administrative proceedings; and

(b) AUTHORIZE the Office of the Court Administrator to ISSUE a circular for the purpose of clarifying that it has no authority to determine whether or not the docket fee assessed or collected is proper or correct under applicable rules, the same being a judicial matter. "

Henceforth, any question relating to correct or proper assessment and collection of docket fees of a particular case should be submitted before the court having jurisdiction of said case. The question should be resolved by the judge concerned within a reasonable period of time. TSacID

 

(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator