Clarifications on the Assessment of Fees on Motions, Summons Issued to Spouses, Compulsory Counterclaims and Performance of Marriage Ceremony
OCA Circular No. 155-2021 outlines the updated procedures for assessing fees related to motions, summons, and marriage ceremonies in Philippine lower courts. Effective May 1, 2020, all motions for postponement must be accompanied by proof of payment of a Php200 postponement fee. When spouses are jointly sued, individual service of summons is required for each spouse, with fees collected accordingly. The fees for other motions and compulsory counterclaims remain suspended, and the previous rate for marriage ceremonies (Php300) still applies, with funds directed to the Judiciary Development Fund. Compliance with these guidelines is mandatory for court personnel.
December 20, 2021
OCA CIRCULAR NO. 155-2021
| TO | : | All Judges, Clerks of Court, Branch Clerks of Court and Officers-In-Charge/Acting Clerks of Court of the Lower Courts |
| SUBJECT | : | Clarifications on the Assessment of Fees on Motions, Summons Issued to Spouses, Compulsory Counterclaims and Performance of Marriage Ceremony |
In view of the effectivity of A.M. No. 19-10-20-SC on 1 May 2020 (Amendments to the 1997 Rules of Civil Procedure), motions for postponement, whether written or oral, shall, at all times, be accompanied by the original copy of the Official Receipt issued by the Office of the Clerk of Court evidencing payment of the postponement fee prescribed under Section 21 (b), Rule 141 of the Rules of Court, in the amount of Two Hundred Pesos (Php200.00) pursuant to Section 12 of Rule 15 of the Rules of Court.
Moreover, when spouses are sued jointly, service of summons should be made to each spouse individually, and the fees shall be collected for each of the summons issued in line with Section 11 of Rule 14 of the Rules of Court.
Fees on other motions and compulsory counterclaims, as well as the new rate for the performance of marriage ceremony under Sections 7 (h) and 8 (g) of Administrative Circular No. 35-2004 dated 20 August 2004, are still suspended pursuant to the Resolution of the Court en banc dated 21 September 2004 in A.M. No. 04-2-04-SC. Hence, the old rate for the performance of marriage ceremony under Sections 7 (h) and 8 (g) of Administrative Circular No. 3-2000 is still in effect, provided that the Three Hundred Pesos (Php300.00) filing fee shall be remitted to the Judiciary Development Fund only pursuant to Administrative Order No. 125-2007 dated 9 August 2007.
For strict compliance.
(SGD.) RAUL BAUTISTA VILLANUEVADeputy Court Administrator and