Collection and Payment of Motion for Postponement
OCA Circular No. 130-06 clarifies the procedures regarding the collection and payment of fees for motions for postponement in Philippine courts. It confirms that while new rates under the Amended Rule 141 were suspended, the previously established fees remain in effect, with specific amounts set for each subsequent postponement. Fees include P100 for the first postponement, P150 for the second, P200 for the third, and P250 for the fourth, among others. Any unpaid fees will be treated as a lien on the judgment and are payable to the concerned court. Compliance with these guidelines is mandated.
August 29, 2006
OCA CIRCULAR NO. 130-06
| TO | : | All Executive/Presiding Judges and Clerks of Court/Accountable Officers/Branch Clerks of Court, Officer-in-Charge of the First and Second Level Courts |
| SUBJECT | : | Collection and Payment of Motion for Postponement |
This Office has been receiving queries on the payment of motion for postponement which has been perceived by some party litigants and lawyers as one of those suspended in a Resolution issued by the Court En Banc dated September 21, 2004 in A.M. No. 04-2-04-SC.
Considering that motion for postponement is not a new item and had been previously implemented under amended Rule 141 of the Rules of Court by virtue of A.M. No. 99-8-01-SC dated September 14, 1999 and A.M. No. 00-2-01-SC dated February 1, 2000, the collection and payment of the same is still enforceable.
Only the new rates prescribed in the Amended Rule 141 of the Rules of Court (A.M. No. 04-2-04-SC) which became effective on August 16, 2004 has been suspended and the old rate prescribed and clarified in Circular No. 57-2000 dated September 5, 2000 shall prevail which is quoted in part:
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"That for the first postponement, the fee to be collected is one hundred pesos (P100.00); one hundred fifty pesos (P150.00) for the second postponement; two hundred pesos (P200.00) for the third; two hundred fifty pesos (P250.00) for the fourth, and so forth. " DTSaIc
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Any uncollected amounts of motion for postponements shall be deemed lien on the judgment and shall be payable to the Court concerned.
For strict compliance.
(SGD.) CHRISTOPHER O. LOCKCourt Administrator