Collection of Appropriate Legal Fees on Pleadings Filed, Requests, Motions and Judgments Rendered

June 30, 2021

OCA CIRCULAR NO. 89-2021

 

Pursuant to the audit observations of the Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator, and in view of the request of the Clerks of Court (COC) of the Offices of the Clerk of Court (OCC) relative to the collection of appropriate legal fees, all Branch Clerks of Court are DIRECTED to issue the attached prescribed Order of Payment to the concerned party for payment of the appropriate legal fees to the OCC on the following matters:

1. Permissive counterclaims, crossclaims, money claims against an estate not based on judgment, third-party, fourth-party, etc. complaints, complaints-in-intervention, and supplemental pleadings with monetary claims filed before your branch;

2. Money collected from execution of writs held in trust by the court. The said amount shall be forwarded to the OCC for deposit to the Fiduciary Fund account;

3. Judgment or Order of monetary award to a party in an amount more than what was paid when the case was filed;

4. Judgment or Order of monetary award to indigent litigant;

5. Judgment or Order of monetary award in criminal cases, excluding actual damages;

6. Motion for postponement/resetting after pre-trial stage, whether oral or written;

7. Motion for issuance of provisional remedies under Rules 57, 58, 59, 60 and 61, e.g., Temporary Restraining Order (TRO), Writ of Preliminary Injunction or Attachment, and others; and

8. Judgment or Order directing the payment of fines.

Clerks of Court of the single sala courts are likewise directed to collect the appropriate legal fees for the above-enumerated matters.

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator

ATTACHMENT

Order of Payment