Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations

November 16, 2004

DOJ CIRCULAR NO. 63

 

Attached is a copy of the Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations for your information, guidance and compliance.

(SGD.) RAUL M. GONZALEZ

Secretary

GUIDELINES IN THE ASSESSMENT AND COLLECTION OF LEGAL FEES PURSUANT TO R.A. NO. 9279 AND ITS IMPLEMENTING RULES AND REGULATIONS

Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations, the National Prosecution Service (NPS) of the Department of Justice hereby adopts and promulgates the following Guidelines in the assessment and collection of legal fees.

ARTICLE I

Objectives, Scope and Definition of Terms

SECTION 1. Objectives. — This Guidelines is prescribed to attain the following objectives:

a) To provide for a uniform set of guidelines in the assessment and collection of legal fees in all prosecution offices; cSCADE

b) To promote a policy of full disclosure of all transactions involving public interest;

c) To promote transparency and accountability in all phases of providing prosecution and other legal services;

d) To provide an environment conducive to an expeditious and judicious prosecution of cases and other legal services.

SECTION 2. Scope. — This Guidelines shall apply to the NPS of the Department of Justice, complainants, movants, petitioners/appellants and private individuals, government-owned and controlled corporations (GOCCs), with or without original charter and government financial institutions (GFIs).

SECTION 3. Definition of Terms. —

a. ASSESSMENT CLERK — shall refer to an employee in the docket section of the Department of Justice charged with assessing the amount of legal fees to be collected from a party, counsel or representative or any private individual on the basis of the Schedule of Legal Fees as prescribed under DOJ Circular No. 42, series of 2004 (Annex "A") and of docketing the same;

b. COLLECTION OFFICER — shall refer to a bonded and accountable permanent employee of the Department of Justice charged with receiving payment/s for legal feels as assessed by the assessment clerk and issuing the corresponding official receipt.

c. FEE/S — shall refer to the amount/s computed by the assessment clerk based on the Schedule of Legal Fees, which amount/s shall be collected by the collection officer and subsequently deposited in a Special Trust Fund established under R.A. No. 9279; it/they shall also refer to any increase in fees and new fees assessed and collected for various services rendered by the NPS after May 16, 2004, the effectivity of R.A. No. 9279;

d. INDIGENT LITIGANTS — shall refer to those whose gross income (including those of their immediate family) do not exceed an amount double the monthly minimum wage of an employee.

ARTICLE II

Implementation

SECTION 1. Basis. — The legal fees assessed and collected shall be based on the Schedule of Legal Fees adopted under DOJ Department Circular No. 42 dated September 14, 2004.

SECTION 2. Application/Procedure. —

A. GENERAL GUIDELINES

1. WHAT ARE ASSESSED AND COLLECTED

1.1. Legal fees shall be assessed and collected for criminal complaints, appeals/petitions for review, motions/manifestations/pleadings/clearances/certifications and other services enumerated in the Schedule of Legal Fees;

1.2. For complaints involving offenses which are not subject to the payment of legal fees, the complainant shall only be assessed the legal feels for motions/pleadings/manifestations, etc. filed under Item C; for appeals/petitions for review under Item B; and, for the performance of other services under Item E of the DOJ Circular No. 42; SDTIaE

2. WHO ARE SUBJECT TO ASSESSMENT AND COLLECTION OF LEGAL FEES

2.1 Complainants, movants, petitioners/appellants and individuals/corporations requesting for clearances/certifications and the performance of other services;

2.2 Government owned or controlled corporations, with or without original charters; and,

2.3 Government financial institutions.

3. WHO ARE EXEMPT FROM PAYMENT OF LEGAL FEES

3.1 The Republic of the Philippines and its political subdivisions; and

3.2 Indigent litigants. To qualify as an indigent litigant, he/she shall be required to submit all of the following:

(a) an affidavit attesting to her/his indigent status ;

(b) a certification from the Barangay Captain of the barangay where he/she resides certifying as to the fact of his/her status as an indigent status; and,

(c) a certification from the local office of the DSWD stating therein his/her status as an indigent;

4. FORMS OF PAYMENT

Payment in cash or postal money order in the exact amount shall be paid to the collection officer designated by the Offices of the Chief State Prosecutor, the Regional State Prosecutor/Provincial Prosecutor or the City Prosecutor, as the case may be.

5. NON-COMPLIANCE

5.1. Complaints filed for inquests, preliminary investigations and for appeals/petitions for review shall not be acted upon unless the legal fees have been paid;

5.2. No prosecutor shall initiate the conduct of the preliminary investigation of a case or, accept the filing of any motions/manifestations/pleadings relative to such case as prescribed under the Schedule of Legal Fees without proof that legal fees have been paid.

B. SPECIFIC GUIDELINES

1. INQUEST CASES

1.1. Upon receipt of the complaint, the Offices, of the Assistant Chief State Prosecutor (ACSP-In-Charge) or the Chief Inquest Officer of the City and Provincial Prosecution Offices shall direct the law enforcement officer/complainant to proceed to the docket section for the assessment of the legal fee/s; SAHIaD

1.2. The assessment clerk shall determine the appropriate or corresponding legal fee/s and accomplish the pre-numbered assessment form (Annex "B") in triplicate copies. The assessment clerk shall give the duplicate copy of the assessment form to the complainant and shall retain the original and triplicate copies thereof;

1.3. The complainant shall then pay the legal fees as assessed to the collection officer.

1.3.1. Upon payment of the legal fee/s, the collection officer shall issue the corresponding official receipt (OR) to the complainant, indicate in the duplicate copy of the assessment form, the O.R. number, the date and the amount paid in the space provided and retain the said duplicate copy of the assessment form for his/her file.

1.4. The complainant shall present the original copy of the official receipt to the assessment clerk for the docketing of the case;

1.4.1. The assessment clerk shall record the O.R. number, the date and the amount paid in the space provided in the original and triplicate copies of the assessment form. He/she shall keep the original copy and shall attach the triplicate copy to the case folder.

1.5. The complainant shall, after the case has been docketed, proceed to the inquest prosecutor who shall initiate the conduct of the inquest proceeding.

1.6 For inquest cases filed and conducted after office hours, during Saturdays, Sundays and holidays, the inquest prosecutor shall direct the complainants to return on the next working day to pay the required legal fee/s, in accordance with the aforementioned procedure.

1.7 In inquest cases brought before the Municipal Circuit Trial Courts (MCTCs) or the Municipal Trial Courts (MTCs), the reviewing provincial prosecutor shall, before initiating the review of the case, refer the case to the assessment clerk for the assessment of any legal fee/s to be collected. Thereafter, within three (3) days from receipt of the record, said reviewing provincial prosecutor shall inform the complainant/s in writing, the amount of legal fees to be paid within a period of ten (10) days from receipt thereof. Fifteen (15) days from the time that the first letter was mailed, a tracer letter shall be sent. Failure of the complainants to pay the corresponding legal fee/s within the prescribed period shall be a basis for not acting upon the review of the case.

2. REGULAR PRELIMINARY INVESTIGATION

2.1. Upon receipt of the complaint, the assessment clerk shall determine the appropriate or corresponding legal fee/s and accomplish the prenumbered assessment form (Annex "B") in triplicate copies, give the duplicate copy of the assessment form to the complainant and retain the original and triplicate copies; DIEcHa

2.2. The complainant shall pay the legal fees as assessed, to the collection officer.

2.2.1. Upon payment of the legal fees, the collection officer shall issue the corresponding official receipt to the complainant, indicate on the duplicate copy of the assessment form, the O.R. number, the date and the amount paid in the space provided and retain the duplicate copy of the assessment form for his/her file.

2.3. The complainant shall present the original copy of the official receipt to the assessment clerk for the docketing of the case;

2.3.1. The assessment clerk shall record the O.R. number, the date and the amount paid in the space provided in the original and triplicate copies of the assessment form. He/she shall keep the original copy and attach the triplicate copy to the case folder.

2.4. The complainant shall, after the case has been docketed, be advised by the assessment clerk that his/her complaint will be forwarded to the ACSP-in-Charge/RSP/City/Provincial prosecutor, for assignment to an investigating prosecutor;

2.5. If the complaint is filed by a law enforcement officer or through the mail, the assessment clerk shall, within three (3) days from receipt of the complaint, send a letter to the private complainant directing the latter to pay the legal fees as assessed, within ten (10) days from receipt thereof; otherwise, the complaint shall not be acted upon.

2.5.1. The assessment clerk shall send a tracer letter to the private complainant within fifteen (15) days from the date that the first letter was sent, directing the latter to pay the legal fees as assessed. Failure to pay the corresponding legal fee/s within the prescribed period shall be a basis for the concerned prosecution office not to act on the complaint;

2.6. The investigating prosecutor, upon receipt of the case folder, shall ensure that legal fees were properly assessed and paid. Any discrepancy/ies in the assessment and/or payment of the legal fees shall be reported to the CSP/RSP/PP/CP for appropriate action.

2.7. In preliminary investigations brought before the MCTC and the MTC, the same procedure under B 1.7 of this Guidelines shall be followed.

3. PETITIONS FOR REVIEW/APPEALS

3.1 Upon receipt of the petition for review/appeal filed with the Department of Justice or the Office of the Regional State Prosecutor, the assessment clerk shall determine the appropriate or corresponding filing fee/s and accomplish the pre-numbered assessment form (Annex "B") in triplicate copies, give the duplicate copy to the complainant and retain the original and triplicate copies;

3.2. The complainant shall pay the legal fees as assessed to the collection officer.

3.2.1. Upon payment of the legal fees, the collection officer shall issue the corresponding official receipt to the petitioner/appellant. He/she shall indicate in the duplicate copy of the assessment form, the O.R. number, the date and the amount paid in the space provided shall retain the said duplicate copy of the assessment form for his/her file;

3.2 The petitioner/appellant shall present the original copy of the official receipt to the assessment clerk for the docketing of the case;

3.2.1 The assessment clerk shall record the O.R. number, the date and the amount paid in the space provided in the original and triplicate copies of the assessment form, keep the original copy and attach the triplicate copy to the case folder;

3.3 If the petition/appeal is filed by mail, the assessment clerk shall, within three (3) days from receipt of the petition for review/appeal, send a letter to the petitioner/appellant directing the latter to pay the legal fees as assessed within ten (10) days from receipt thereof, otherwise, the petition/appeal shall be dismissed outright.

3.3.1 The assessment clerk shall send a tracer letter to the private complainant fifteen (15) days after the date when the first letter was sent, directing the latter to pay the legal fees as assessed. Failure on the part of the complainant to pay the corresponding legal fee/s within the prescribed period shall be a basis for the concerned prosecution office not to act on the complaint.

3.4 The evaluating/reviewing prosecutor, upon receipt of the case folder, shall ensure that the proper fees were assessed and paid. Any discrepancy/ies as to the assessment and payment of legal fees shall be reported to the CSP or RSP for appropriate action.

4. MOTION'S/MANIFESTATIONS AND OTHER PLEADINGS

4.1 Upon receipt of the written interlocutory motion/manifestation/pleading personally filed by the movant in connection with the complaint pending preliminary investigation, the assessment clerk and the collection officer shall respectively assess and collect payment/s in accordance with the procedure stated in 2.1 to 2.3. In case said motion/manifestation/pleading is presented for filing directly with the investigating prosecutor, the latter shall direct the movant/pleader to proceed to the assessment clerk and collection officer for the assessment and payment of legal fees. HIaTCc

4.2 The investigating prosecutor, upon receipt of the O.R., triplicate copy of the assessment form and motion/manifestation/pleading, shall ensure that the proper fees were assessed and paid. Otherwise, the investigating prosecutor shall report any discrepancy/ies in the assessment and collection of fees to the CSP/RSP/PP/CP for appropriate action.

4.3. Interlocutory motions/manifestation/s and other pleadings filed by mail shall be treated in like manner under 3.3 of this Guidelines.

4.4 Prior to the receipt of his/her copy of a motion to reduce bail or release of a motor vehicle or release of cash bond in connection with cases pending in court, the trial prosecutor shall inform the movant to proceed to the assessment clerk for the assessment of legal fees and to the collection officer for the payment thereof. No motion/manifestation/pleading referred to in this section shall be received by the trial prosecutor for comment unless the movant pays the corresponding legal fee/s.

4.5 The trial prosecutor, upon receipt of the O.R., triplicate copy of the assessment form and motion/manifestation/pleading, shall ensure that the proper fees were assessed and paid. Any discrepancy/ies in the assessment and collection of the legal fees shall be reported to the office of the CSP/RSP/PP/CP for appropriate action.

5. CLEARANCES AND CERTIFICATIONS

5.1 Upon receipt of the request for the issuance of clearances/certifications by the CSP, ORSP, CP and PPP, the assessment clerk and the collection officer shall assess and collect respectively the payment of legal fees in accordance with the procedure for assessing and collecting legal fees in preliminary investigation cases.

5.2 A DOJ employee requesting for a certification of employment or a certification that he/she has no pending criminal or administrative case for his/her own personal use, shall be charged the corresponding legal fee.

6. OTHER SERVICES

6.1. In special proceedings requiring the services of the prosecutor such as in adoption, annulment, and legal separation cases and land registration proceedings, the prosecutor concerned, after receiving the order from the court, must inform the petitioner that he/she should pay the prescribed legal fee/s before the desired action can be initiated.

C. MISCELLANEOUS PROVISIONS

1. The assessment clerk shall maintain separate logbooks for inquest cases, regular preliminary investigations and appeals/petitions for review which shall contain the following information:

a) Date Filed

b) Assessment Form No.

c) Assessed Amount

d) Official Receipt No.

e) Date of Payment

f) Amount Paid

g) Investigation Slip No.

h) Complainant/s

i) Respondent/s

j) Offense/s charged

k) Remarks

2. A logbook for undocketed complaints shall likewise be maintained which shall contain the following information:

a. Date received

b. Complainant/s

c. Respondent/s

d. Offense/s charged

e. Remarks

2.1.1 Upon payment of the corresponding legal fee/s, the assessment clerk shall log the relevant information in the logbook for docketed cases.

3. A logbook shall also be maintained for motions/manifestations/pleadings/etc. for consideration or comment of prosecutors, clearances and other services which shall contain the following information:

a) Date Filed

b) Assessment Form No.

c) Assessed Amount

d) Official Receipt No.

e) Date of Payment

f) Amount Paid

g) Purpose

h) Requesting Party/ies/Movant/s

i) Remarks

3. The collection officer shall prepare and submit monthly reports of collections noted by the CSP/RSP/PP/CP, within the first five (5) days of the succeeding month and the audited monthly reports within the next five (5) days, to the Finance and Management Service (FMS) of the Department of Justice. HTcDEa

4. Fees actually collected shall be deposited with the Bureau of Treasury by the FMS as a Special Trust Fund in accordance with the IRR.

SECTION 3. Information Dissemination. — The Offices of the Chief State Prosecutor, Regional State Prosecutor, Provincial Prosecutor and City Prosecutor shall, in cooperation with each other, undertake a vigorous information dissemination campaign in order to inform the public of the provisions of this Guidelines, within thirty (30) days from the effectivity thereof.

SECTION 4. Oversight Committee. — An oversight committee shall be established in the Office of the Chief State Prosecutor to monitor the effective and efficient implementation of this Guidelines.

ARTICLE III

Separability

SECTION 1. Separability Clause. — If any or part of this Guidelines is declared unconstitutional or illegal, the other parts or provisions which are not affected thereby shall remain in full force and effect.

ARTICLE IV

Effectivity

SECTION 1. Effectivity. — This Guidelines shall take effect fifteen (15) days after its publication in the Official Gazette and in two (2) newspapers of general circulation.

(SGD.) RAUL M. GONZALEZSecretary