Refraining from Collection of Legal Fees for Preparing or Notarizing Complaints or Affidavits in Criminal Cases
Supreme Court Administrative Circular No. 28-91, issued on December 13, 1991, addresses the collection of legal fees by Clerks of Court for the preparation or notarization of complaints and affidavits in criminal cases. The circular clarifies that such fees are unauthorized, as criminal complaints must be sworn under Rule 110 Section 2 of the Rules of Court. Consequently, Clerks of Court are instructed to refrain from collecting any fees related to these documents in criminal cases. Fees may only be collected in civil cases when the court official serves as Notary Public Ex-Officio.
Law Information
- Reference Number
- Supreme Court Administrative Circular No. 28-91
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Administrative Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 13, 1991
SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 28-91
TO : Clerks of Court of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts and Shari'a Circuit Courts
The attention of the Court has been called to the collection of legal fees by Clerks of Court for preparing or notarizing complaints or affidavits in criminal cases. The assessment is supposedly based on Rule 141 of the Rules of Court. Such assessment of fees is not authorized as complaint in criminal cases are required to be under oath (Rule 110 Sec. 2, Rules of Court).
Henceforth, all Clerks of Court of the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts and Shari'a Circuit Courts shall refrain from collecting any legal fees for preparing or notarizing the complaints or affidavits in criminal cases filed with the said courts.
These fees should only be collected in civil cases, in instance when the court official acts as Notary Public Ex-Officio.
December 13, 1991.
(SGD.) ANDRES R. NARVASAChief Justice
Cite This Law
Refraining from Collection of Legal Fees for Preparing or Notarizing Complaints or Affidavits in Criminal Cases, Supreme Court Administrative Circular No. 28-91, Dec 13, 1991 (Philippines)
Refraining from Collection of Legal Fees for Preparing or Notarizing Complaints or Affidavits in Criminal Cases, Supreme Court Administrative Circular No. 28-91 (Phil. 1991)
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