Legal Fees Form for Lower Courts
OCA Circular No. 26-97, issued on May 5, 1997, directs judges and clerks of various Philippine courts to ensure compliance with established auditing and accounting protocols regarding the issuance of official receipts for legal fees. The circular emphasizes that collecting officials must immediately provide receipts for all payments, preventing the retention of originals in court records. Additionally, it mandates the use of a designated Legal Fees Form, which should be included in case records instead of the official receipts. Non-compliance with these directives will lead to administrative sanctions.
Quick Answers
- What is Legal Fees Form for Lower Courts about?
- OCA Circular No. 26-97, issued on May 5, 1997, directs judges and clerks of various Philippine courts to ensure compliance with established auditing and accounting protocols regarding the issuance of official receipts for legal fees. The circular emphasizes that collecting officials must immediately provide receipts for all payments, preventing the retention of originals in court records. Additionally, it mandates the use of a designated Legal Fees Form, which should be included in case records instead of the official receipts. Non-compliance with these directives will lead to administrative sanctions.
- What type of law is OCA Circular No. 26-97?
- Legal Fees Form for Lower Courts (OCA Circular No. 26-97) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Legal Fees Form for Lower Courts enacted?
- Legal Fees Form for Lower Courts (OCA Circular No. 26-97) was enacted on May 5, 1997.
- What is the citation for Legal Fees Form for Lower Courts?
- Legal Fees Form for Lower Courts, OCA Circular No. 26-97, May 5, 1997 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 26-97
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
May 5, 1997
OCA CIRCULAR NO. 26-97
| TO | : | All Judges and Clerks of Courts of the Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a Circuit Courts |
| SUBJECT | : | Legal Fees Form for Lower Courts |
To eradicate the practice of some clerks of court of retaining the original copy of the official receipt issued in acknowledgment of payment for file with the record of the case instead of issuing the same to the payor, JUDGES and CLERKS OF COURT are hereby DIRECTED to:
1) Compel their collecting officials to strictly comply with the provisions of the AUDITING AND ACCOUNTING MANUAL, Art. VI, Sec. 61 and 113, to wit: prcd
"ARTICLE VI — Accountable Forms"
"Sec. 61. Kinds of Accountable forms — (a) Official Receipts — For proper accounting and control of collections, collecting officers shall promptly issue official receipts for all monies received by them. These receipts may be in the form of stamps or officially numbered receipts. . ." (Emphasis Supplied)
"Sec. 113. Issuance of official receipt — For proper accounting and control of revenues, no payment of any nature shall be received by a collecting officer without immediately issuing an official receipt in acknowledgment thereof. This receipt may be in the form of stamps . . . or officially numbered receipts, subject to proper custody and accountability." (Emphasis Supplied)
2) Cause the attachment of the Legal Fees Form for lower courts (Annex "A"), which is to be provided by the Property Division of the Office of the Court Administrator, to the record of the case in lieu of the official receipt.
Non-compliance with this CIRCULAR shall be dealt with administrative sanctions.
(SGD.) ALFREDO L. BENIPAYOCourt Administrator
ANNEX A
REPUBLIC OF THE PHILIPPINESRTC/SDC/METC/MTCC/MTC/MCTC/SCCLEGAL FEES FORM
CASE NO. __________
RECEIVED this __________ day of ________, 19___ the following payments:
| 1. | General Fund | |||
| a. | Clerk of Court General Fund | P__________ | O.R. __________ | |
| b. | Sheriff's General Fund | P__________ | O.R. __________ | |
| 2. | Judiciary Development Fund | P__________ | O.R. __________ | |
| 3. | Fiduciary Fund | P__________ | O.R. __________ | |
| 4. | Sheriff's Trust Fund | P__________ | O.R. __________ | |
| 5. | Legal Research Fund Fee | P__________ | O.R. __________ | |
| 6. | Land Registration Fee | P__________ | O.R. __________ | |
| 7. | Victims Compensation Fee | P__________ | O.R. __________ | |
| Total : __________ | ||||
| Paid By: | Received By: | |||
| ____________________ | ____________________ |
(Note: ___________________ )
Cite This Law
Legal Fees Form for Lower Courts, OCA Circular No. 26-97, May 5, 1997 (Philippines)
Legal Fees Form for Lower Courts, OCA Circular No. 26-97 (Phil. 1997)
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