Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release
On March 20, 2012, the Philippine Supreme Court issued a resolution addressing the financial barriers faced by detainees in securing their release. The Court approved amendments to Sections 7 (n) and 8 (o) of Rule 141 of the Rules of Court, waiving the P50.00 clearance fee for detainees who are unable to pay within ten days after their release order. This change aims to facilitate the release of detainees whose cases have been provisionally dismissed but who lack the means to pay the fees. The amendments will take effect on April 16, 2012, following publication in two newspapers.
Quick Answers
- What is Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release about?
- On March 20, 2012, the Philippine Supreme Court issued a resolution addressing the financial barriers faced by detainees in securing their release. The Court approved amendments to Sections 7 (n) and 8 (o) of Rule 141 of the Rules of Court, waiving the P50.00 clearance fee for detainees who are unable to pay within ten days after their release order. This change aims to facilitate the release of detainees whose cases have been provisionally dismissed but who lack the means to pay the fees. The amendments will take effect on April 16, 2012, following publication in two newspapers.
- What type of law is A.M. No. 12-3-5-SC?
- Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release (A.M. No. 12-3-5-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release enacted?
- Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release (A.M. No. 12-3-5-SC) was enacted on Mar 20, 2012.
- What is the citation for Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release?
- Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release, A.M. No. 12-3-5-SC, Mar 20, 2012 (Philippines)
Law Information
- Reference Number
- A.M. No. 12-3-5-SC
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Notices
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 20, 2012
EN BANC
A.M. No. 12-3-5-SC
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated March 20, 2012, which reads as follows: CaDEAT
"A.M. No. 12-3-5-SC (Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release). — The Court Resolved to NOTE the following letters:
(a) Letter dated March 5, 2012 of Justice Roberto A. Abad, informing the Court that the Committee for the Decongestion of Provincial City and Municipal Jails has received concerns that a great number of detainees whose cases have already been provisionally dismissed by the trial courts are unable to secure their freedom because they could not afford to pay the P125.00 clearance fee and recommending that these court clearances be waived for jail detainees who still could not pay the same after the lapse of ten (10) days from the issuance of the order of release; and
(b) Letter dated March 7, 2012 of Justice Presbitero J. Velasco, Jr., recommending the amendment of Sections 7 (n) and 8 (o) of Rule 141, Rules of Court, in connection with the above request of Justice Abad.
Acting on the aforesaid letters, the Court Resolved to APPROVE the proposed amendment of Sections 7 (n) and 8 (o) of Rule 141 of the Rules of Court, to read as follows:
Rule 141
LEGAL FEES
SEC. 7. Clerks of Regional Trial Courts. — . . .
(n) For clearance and certifications issued — FIFTY (P50.00) PESOS; provided, however, that such fee shall be automatically waived in favor of detainees who could not pay the same after the lapse of ten (10) days from the issuance of the order for their release.
Section 8. Clerks of Court of the First Level Courts. — . . .
(o) For clearance and certifications issued — FIFTY (P50.00) PESOS; provided, however, that such fee shall be automatically waived in favor of detainees who could not pay the same after the lapse of ten (10) days from the issuance of the order for their release.
The amendment shall have effect on April 16, 2012, after its publication for two (2) consecutive weeks in two (2) newspapers of general circulation in the country." Del Castillo, J., on leave. (adv77) SDEITC
Very truly yours,
(SGD.) ENRIQUETA E. VIDALClerk of Court
Cite This Law
Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release, A.M. No. 12-3-5-SC, Mar 20, 2012 (Philippines)
Re: Exempting All Detainees from Payment of Court Clearances Fees as a Pre-Requisite for Their Release, A.M. No. 12-3-5-SC (Phil. 2012)
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