Collection of Legal Fees and Submission of Monthly Report of Collections

July 9, 1993

SUPREME COURT CIRCULAR NO. 032-93

 

Inspite of the issuances by the Court of Circulars and Memoranda to attain maximum efficiency in the proper handling of collections and deposits, there are still Clerks of Court who have not been submitting regularly their monthly report of collections and deposits while others are not remitting at all their collections. SEcAIC

There are also cases wherein Clerks of Court are not collecting the correct legal fees prescribed under Rule 141, as amended, of the Rules of Court.

In view hereof, all Clerks of Court/Accountable Officers are enjoined to follow strictly the guidelines prescribed hereunder:

1) Submission of monthly report of collections for all funds should be sent to this Court not later than the 10th day of each succeeding month and should include the following:

a) Original copy of the Report of the Clerk of Court's Account indicating the current debit and credit (Judicial Form No. 20); duplicate official receipts issued; and the corresponding remittance advice slips duly validated by the Bank where collection was deposited (amount of collections per report should equal amount per remittance).

 (For General Fund for Clerk of Court of RTC and SDC)

b) Duplicate copy of Sheriff's Report of Collections and Account (Judicial Form No. 38-A); validated duplicate copy of official receipts and the corresponding remittance advice slips (amount of collections per report should equal amount per remittance).

 (For General Fund for Ex-Officio Sheriff of RTC and SDC)

c) Original copy of report of deposits and withdrawals and validated duplicate copy of official receipts and deposit slips; and in cases of withdrawals, a copy of the order of the Court duly authenticated with Court's seal and a copy of the acknowledgement receipt. (For Fiduciary Fund of RTC and SDC)

d) Original copy of report of deposits and withdrawals; duplicates of official receipts issued, and in case of withdrawals, copy of Sheriff's cash payment receipts. (For Sheriff Trust Fund of RTC and SDC)

e) Original copy of Report of Collections and Deposits; duplicate official receipts issued and a copy of the validated deposit slip or the postal money order stub if remittance is by PMO. cECaHA

 (For Judiciary Development Fund of RTC, SDC, Metro TC, MTCC, MTC, MCTC and SCC)

2) In cases where no transaction was made within the month, notice to that effect should be submitted to this Court in a formal letter within the aforementioned period.

3) All reports should be signed by the Clerk of Court and the Accountable Officer concerned.

4) All monthly reports in two copies should be addressed to:

 "The Chief Accountant

 Copy furnished —

 "The Office of the Court Administrator"

5) All newly appointed Clerks of Court and all other Collecting Officers concerned be required to use new sets of books after, turning over to the Court the old sets of books.

6) Every end of the year, the Office of the Court Administrator must be furnished with a report of Fiduciary Fund and Sheriff Trust Fund balances duly certified correct by the Provincial Auditor and submitted not later than January 30, of the succeeding year.

For immediate compliance.

(SGD.) ERNANI CRUZ PAÑOCourt Administrator