Reiteration of OCA Circular No. 14-2012 Dated 01 March 2012 and Other Incidental Matters

November 11, 2015

OCA CIRCULAR NO. 253-15

 

It has reached the attention of this Office that despite the issuance of OCA Circular No. 14-2012 dated 01 March 2012 (Reiteration of Provisions I [Paragraph A (1)] and II [Paragraphs 4 and 5] of OCA Circular No. 58-2007, and Restatement of Provision I, Paragraph A [1] Thereof, by OCA Circular No. 51-2011), some lower courts still fail to: (a) submit the complete Philippine Mediation Center (PMC) Monthly Report of Collections and Deposits at the Finance-Accounting Division, Philippine Judicial Academy (PHILJA); and (b) state the correct names of payees in the Postal Money Orders (PMOs) resulting in the PMOs becoming stale, which causes delay in the recording of collections and deposits under the PMC Trust Fund.

To forestall a recurrence, the following pertinent provisions of OCA Circular No. 14-2012 dated 01 March 2012 are hereby REITERATED, to wit: CAIHTE

I. Fees to be Collected for Mediation Fund

A. Clerks of Court of the following courts shall collect fees to form the Mediation Fund under Section 9, Rule 141, of the Rules of Court as revised in A.M. No. 04-2-04-SC, which took effect August 16, 2004, upon the filing of:

(1) The following pleadings in the Regional Trial Courts, and First Level Courts the amount of P500.00 Mediation Fee —

Civil Case —

- A Complaint

- Answer with mediatable counterclaim

- permissive or compulsory counterclaim [remains suspended pursuant to Resolution of the Court En Banc in A.M. No. 04-2-04-SC dated 21 September 2004 and further reiterated in OCA Circular No. 96-2009 dated 13 August 2009]

- third-party complaint, fourth-party complaint, etc.

- Complaint-in-Intervention

- Answer-in-Intervention

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II. Duty of the Clerks of Court or Officers-in-Charge

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4. Deposits of Collection

The depository bank for the Mediation Fund shall be the Land Bank of the Philippines. The income and interest earned shall likewise form part of the Fund.

The Clerks of Court, Officers-in-Charge, or their duly authorized officers shall deposit daily the collections accruing to the Fund with: (a) the SC PHILJA PMC Trust Fund (Rule 7.41) LBP Savings Account No. 3472-1000-08, for collections under Section 9, Rule 141 of the Revised Rules of Court; . . . .

In the absence of an LBP Branch, Postal Money Orders (PMO's) [sic] payable to the Philippine Judicial Academy (PHILJA) can be purchased from the local Post Office and sent to PHILJA Finance Division for proper deposit. [However, when the PMOs are returned to the clerks of court and/or officers-in-charge for completion and revalidation because of the incorrect payees' name therein, the cost of revalidation shall be under the personal accountability of the clerks of court and/or officers-in-charge concerned].

5. Monthly Reports

. . . "Monthly Report of Collection" shall be regularly prepared for the collections under Section 9, Rule 141 of the Revised Rules of Court, . . . , attaching therewith: (a) the duplicate copy of the official receipts issued during such month covered; and (b) the validated copy of the Deposit Slips.

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(Emphasis supplied)

Henceforth, all the required monthly financial reports and accompanying attachments, as well as queries relative to collection and deposit of mediation fees shall be directly submitted and coursed through the following address [and telephone number]:

PHILIPPINE JUDICIAL ACADEMY

Moreover, all concerned are REMINDED and DIRECTED to DEPOSIT all the collections under Section 9, Rule 141, Revised Rules of Court, solely in the SC PHILJA PMC Trust Fund (Rule 141) LBP Savings Account No. 3472-1000-08. Further, in the event that PMOs are returned due to incorrect names of payees, all concerned shall personally SHOULDER the entire costs of revalidation of the PMOs. DETACa

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator