Reiteration of Provisions I (Paragraph A [1]) and II (Paragraphs 4 and 5) of OCA Circular No. 58-2007

March 1, 2012

OCA CIRCULAR NO. 14-12

 

It has come to the attention of this Office that despite issuance of OCA Circular No. 58-2007 dated 24 May 2007 (Re: Reiteration of the Guidelines on the Collection of Fees for the Mediation Fund under Section 9, Rule 141 [A.M. No. 04-2-04-SC, effective 16 August 2004] and [A.M. No. 01-10-5-SC PHILJA, dated 16 October 2001]), as well as restatement of Provision I, paragraph A [1] thereof, by OCA Circular No. 51-2011 dated 06 April 2011 (Re: Consolidated and Revised Guidelines to Implement the Expanded Coverage of Court-Annexed Mediation [CAM] and Judicial Dispute Resolution [JDR], and Reiteration of the Guidelines on the Collection of Fees for the Mediation Fund under Section 9, Rule 141, of the Rules of Court as Revised and OCA Circular No. 58-2007 dated 24 May 2007), many lower courts still fail to: (a) collect the amount of P500.00 mediation fees, specifically upon the filing of an Answer with mediatable permissive or compulsory counterclaim or cross-claim, complaint-in-intervention, third-party complaint, fourth-party complaint, etc. in civil cases; (b) deposit the mediation fees collected from any mediatable case filed at different level courts, to the Philippine Mediation Center (PMC) Trust Fund; and (c) submit the PMC Monthly Report of Collections and Deposits (PMCRCD) directly to the PHILJA Finance Division, and substantiate the same with the required attachments such as the duplicate copy of official receipt/s, validated deposit slip/s and other relevant supporting papers. aACHDS

Relative thereto, all concerned are hereby REQUIRED to STRICTLY OBSERVE and IMPLEMENT Provisions I and II of OCA Circular No. 58-2007, as restated by OCA Circular No. 50-2011 insofar as to Provision I, paragraph A [1] thereof, to wit:

"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

o permissive or compulsory counterclaim

o 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 141) LBP Savings Account No. 3472-1000-08, for collections under Section 9, Rule 141 of the Revised Rules of Court; and (b) the SC PHILJA PMC Trust Fund, LBP Account No. 0592-1055-60, for collection under A.M. No. 01-10-5-SC-PHILJA.

In the absence of an LBP Branch, Postal Money Orders (PMO's) payable to the Philippine Judicial Academy (PHILJA) can be purchased from the local Post Office and sent to PHILJA Finance Division for proper deposit. DHACES

5. Monthly Reports

Separate "Monthly Report of Collection" shall be regularly prepared for the collections under Section 9, Rule 141 of the Revised Rules of Court, and for the collections under A.M. No. 01-10-5-SC-PHILJA, attaching therewith: (a) the duplicate copy of the official receipts issued during such month covered; and (b) the validated copy of the Deposit Slips.

xxx xxx xxx" (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:

PHILIPPINE JUDICIAL ACADEMYFINANCE OFFICE — ACCOUNTING DIVISION

For strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator