Collection of Legal Research Fund Fee from Fees for Registration and Amendment, Petitions, Complaints Imposed by the CDA

July 23, 2014

CDA MEMORANDUM CIRCULAR NO. 003-14

 

WHEREAS, the collection of the LRF Fee was imposed by Republic Act No. 3870, which created the U.P. Law Center, to provide financial support for the latter. Section 4 of R.A. No. 3870 mandates the imposition of the LRF Fee, as follows:

"Section 4. In order to provide for the support of the UP Law Center and the University of the Philippines Law Complex, the additional amount of one percent (1%) of the filing fee imposed . . . but in no case lower than ten (10) pesos in the case of all . . . agencies or tribunals exercising quasi-judicial functions and those enumerated in Letter Instruction No. 1182 . . . shall be collected by their respective clerks or equivalent functionary, for each action or special proceeding filed therewith and for which fees prescribed in . . . any statute or regulation are due and payable. For this purpose. "special proceeding" shall include any petition or application, paper or document seeking official action to establish a status, right, privilege or particular fact or command the performance of a duty. Such additional amounts shall be receipted for as part of a special fund known as the "Legal Research Fund", and shall upon collection, be immediately remitted to the University of the Philippines and deposited in a separate account in any authorized government depository bank in the name of the National Treasurer as Ex-Officio Treasurer of the UP . . ."

WHEREAS, as early as 13 November 2013, the Board of Administrators issued Resolution No. 240, s-2013 approving the collection of the Legal Research Fund (LRF) Fee for all applications for registration and amendment, petitions, complaints filed with the Authority.

NOW THEREFORE, pursuant to Section 4 of R.A. No. 3870 in relation to the relevant powers and functions of the Cooperative Development Authority, it is hereby directed: cAECST

1) An LRF fee in an amount equivalent to one percent (1%) of the fee imposed but in no case lower than ten (10) pesos shall be collected on every fee for all applications for registration and amendment, petitions and complaints imposed by the Authority in the exercise and discharge of its regulatory functions.

2) The LRF fee shall be on top of, and separate from, whatever fee is payable to the Authority under its Schedule of Fees and Rules and Regulations, the former being due under the R.A. No. 3870. The LRF fee shall be clearly written and entered on the Official Receipt as a separate item payable.

3) Pursuant to Treasury Circular No. 4-2003 dated 01 August 2003, the Cashier of CDA Central Office and Extension Office shall collect the LRF fee and shall deposit it directly to the Bureau of Treasury for the account of the UP System (UPS Agency Code AO823, Fund Code 187). The Cashier of CDA Central Office and Extension Office shall furnish the UP Law Center with a monthly report on the LRF collections and remittances to the Bureau of Treasury.

4) All CDA Circulars or rules inconsistent herewith are repealed or modified accordingly. This Memorandum Circular shall take effect fifteen (15) days after publication in the Office of the National Administrative Register (ONAR) or Official Gazette.

Approved per Board of Administrators Resolution No. 240, S-2013 dated November 18, 2013.

For your proper guidance.

By the Board of Administrators:

(SGD.) EMMANUEL M. SANTIAGUEL, Ph.D.Cooperative Development Authority

ATTACHMENT

EXCERPTS FROM

PRESENT:
	Hon. Emmanuel M. Santiaguel, Ph.D.	-	Chairman/Presiding Officer
	Hon. Nelon B. Alindogan	-	Administrator from Luzon
	Hon. Eulogio T. Castillo, Ph.D.	-	Administrator from Luzon
	Hon. Mercedes D. Castillo	-	Administrator from Visayas
	Hon. Pendatun B. Disimban	-	Administrator from Mindanao
ALSO PRESENT:
	Atty. Niel A. Santillan	-	Executive Director

RESOLUTION NO. 240, s-2013

Upon motion of Adm. Eulogio T. Castillo, duly seconded by Adm. Pendatun B. Disimban, be it RESOLVED as it is hereby RESOLVED to approve the collection of Legal Research Fund (LRF) fee for all applications for registration and amendment, petitions, complaints filed with the Authority.

RESOLVED FURTHER that, MS. AURELIA T. FERNANDEZ Acting Cashier I, is hereby directed to collect the fee, in accordance with an Office Order/Memo Circular on the matter.

APPROVED.

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This is to certify that the foregoing is true and correct from the minutes of the CDA Board of Administrators' Regular Meeting. HSaCcE

(SGD.) MARY GRACE I. CINCO

ATTESTED:

(SGD.) EMMANUEL M. SANTIAGUEL, Ph. D.