Clarification on the Suspension of New Rates of the Legal Fees on Motions Pursuant to the Resolution of the Court En Banc Dated 21 September 2004 in A.M. No. 04-2-04-SC
OCA Circular No. 171-2019 clarifies the suspension of new rates for legal fees on motions, as outlined in the Resolution of the Court En Banc dated September 21, 2004. The circular emphasizes that all judges and clerks of court must adhere to the old rates for motions, particularly for postponements after pre-trial, which remains at PHP 100 for the first motion and PHP 50 for subsequent motions. Under the new rules, however, all motions are subject to a PHP 200 fee, with the provision for fee exemption in cases of justifiable reasons being removed. Judges and clerks are urged to ensure strict compliance with these guidelines.
October 4, 2019
OCA CIRCULAR NO. 171-2019
| TO | : | All Judges, Clerks of Court, Branch Clerks of Court and Officers-in-Charge/Acting Clerks of Court of the Lower Courts |
| SUBJECT | : | Clarification on the Suspension of New Rates of the Legal Fees on Motions Pursuant to the Resolution of the Court En Banc Dated 21 September 2004 in A.M. No. 04-2-04-SC |
Due to numerous inquiries and inconsistencies observed in the collection of fees on motions prescribed under Rule 141, Rules of Court,all judges and clerks of court are hereby reminded that the intention of the Resolution of the Court en banc dated 21 September 2004 in A.M. No. 04-2-04-SC is to suspend the new rates of legal fees on motions prescribed under Amended Administrative Circular No. 35-2004 (Rule 141 of the Revised Rules of Court). HDICSa
Provisions on motions for the old and new rates/rules are presented for better understanding:
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OLD RATES/RULES |
NEW RATES/RULES |
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Section 20, Administrative Circular No. 3-2000 dated 15 June 2000: |
Section 21, Amended Administrative Circular No. 35-2004 dated 20 August 2004: |
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GF |
JDF |
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JDF |
SAJF |
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(b) For motions for postponements after completion of the pre-trial stage, one hundred pesos (P100.00) for the first, and an additional fifty (P50.00) pesos for every postponement thereafter based on that for the immediately preceding motion; Provided, however, that no fee shall be imposed when the motion is found to be based on justifiable and compelling reason; |
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All for JDF |
(b) For motions for postponement (whether verbal or written) after completion of the pre-trial stage: |
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1) TWO HUNDRED (P200.00) PESOS for the first, and an additional FIFTY (P50.00) PESOS for every motion for postponement thereafter based on that for the immediately preceding motion. |
P100.00 |
P100.00 |
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P50.00 |
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2) For any other motion, TWO HUNDRED (P200.00) PESOS; |
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P200.00 |
The old rule has no provision for the payment of fees on other motions. Hence, only motions for postponement or resetting after completion of the pre-trial stage, whether oral or written, are to be assessed with a fee of one hundred pesos (PHP100.00) for the first motion, and an additional fifty pesos (PHP50.00) for every postponement thereafter based on the immediately preceding motion (both for each case even if consolidated).
The provision that no fees shall be collected when the motion has been found to be based on justifiable and compelling reason was intentionally omitted in the new rules. Therefore, all motions for postponement or resetting shall be assessed with a fee regardless of the reason/s, except when the party is exempt from the payment of fees. HcDSaT
Strict compliance is enjoined.
(SGD.) JOSE MIDAS P. MARQUEZ
Court Administrator