Exemption of Bases Conversion and Development Authority from the Payment of Docket Fees
OCA Circular No. 75-2022 informs all judges and court officials that the Bases Conversion and Development Authority (BCDA) is exempt from paying docket fees, as established by the Supreme Court in a 2018 decision. The ruling clarified that BCDA, being a government instrumentality with corporate powers, does not fall under the categories of stock or non-stock corporations. Consequently, according to Section 21 of Rule 141 of the Rules of Court, government agencies and instrumentalities are not required to pay legal fees. This circular serves as guidance for compliance among court officials.
Law Information
- Reference Number
- OCA Circular No. 75-2022
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 31, 2022
OCA CIRCULAR NO. 75-2022
| TO | : | All Executive/Presiding Judges, Clerks of Court/Officers-in-Charge/Accountable Officers of the First and Second Level Courts |
| SUBJECT | : | Exemption of Bases Conversion and Development Authority from the Payment of Docket Fees |
In its Decision dated 20 June 2018 in G.R. No. 205925(Bases Conversion and Development Authority, Petitioner, versus Commissioner of Internal Revenue, Respondent), the Supreme Court's Second Division declared that the Bases Conversion and Development Authority (BCDA) is exempt from the payment of docket fees, thus:
xxx xxx xxx
From the foregoing, it is clear that BCDA is neither a stock nor a non-stock corporation. BCDA is a government instrumentality vested with corporate powers. Under Section 21, 1 Rule 141 of the Rules of Court, agencies and instrumentalities of the Republic of the Philippines are exempt from paying legal or docket fees. Hence, BCDA is exempt from the payment of docket fees. (Emphasis underlined)
For the guidance and strict compliance of all concerned.
(SGD.) RAUL BAUTISTA VILLANUEVACourt Administrator
Footnotes
1.Sec. 21.Government exempt. — The Republic of the Philippines, its agencies and instrumentalities, are exempt from paying the legal fees provided in this rule. Local governments and government-owned or controlled corporations with or without independent charters are not exempt from paying such fees.
Cite This Law
Exemption of Bases Conversion and Development Authority from the Payment of Docket Fees, OCA Circular No. 75-2022, Mar 31, 2022 (Philippines)
Exemption of Bases Conversion and Development Authority from the Payment of Docket Fees, OCA Circular No. 75-2022 (Phil. 2022)
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