Clarifications on Filing Fee

July 28, 2021

OCA CIRCULAR NO. 106-2021

 

For the purpose of identifying the filing fee in Rule 141 of the Revised Rules of Court, pursuant to Section 4 of Presidential Decree No. 1856 (PD 1856), the fifty percent (50%) discount for any foreclosure initiated by the Special Purpose Vehicle (SPV) under OCA Circular No. 126-2009, dated 15 September 2009, and the fee subject to staggered payment for Corporate Rehabilitation and Liquidation Proceedings pursuant to OCA Circular No. 138-2006, dated 27 September 2006, and OCA Circular No. 64-2017, dated 20 March 2017, respectively, the following sections and subsections of Rule 141 of the Revised Rules of Court shall be referred to as "filing fee":

1. Under Section 7, titled as "Clerks of Court of the Second Level Courts":

Subsections a, b, c, d, e, f, g, h, i, l, m, and n.

2. Under Section 8, titled as "Clerks of Court of the First Level Courts":

Subsections a, b, c, d, e, f, g, and o.

3. Under Section 10, titled as "Sheriffs, PROCESS SERVERS and other persons serving processes":

Subsection f only.

4. Under Section 21, titled as "Other Fees":

Subsections a, b, c, d, e, f, g, h, i, j, and k (as amended).

Moreover, please be advised that the 50% discount on the filing fee of SPV pursuant to OCA Circular No. 126-2009 dated 15 September 2009 is only applicable to Section 7 (a) (for judicial foreclosures) and 7 (c) (for extrajudicial foreclosures) of Rule 141. On the other hand, the staggered payment option for Corporate Rehabilitation and Liquidation Proceedings under OCA Circular No. 138-2006 dated 27 September 2006 and OCA Circular No. 64-2017 dated 20 March 2017, respectively, shall only be applied to the filing fees stated in Section 21 (i) and 21 (k) (as amended) of Rule 141, Revised Rules of Court.

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator