Rules And Regulations to Implement Batas Pambansa Blg. 325 entitled "An Act Authorizing Heads of Industries, Offices, Agencies and Commissions of the National Government, Including the Supreme Court and Constitutional Bodies, to Revise the Rates of Fees and Charges"
Ministry Order No. 06-83, issued on January 17, 1983, implements Batas Pambansa Blg. 325, allowing national government agencies, including the Supreme Court, to revise their fees and charges. The order establishes a framework for determining these rates, ensuring they are just and reasonable, sufficient to cover administrative costs, and uniform for similar services. A Revision Committee must be formed within fifteen days to recommend fee adjustments based on service costs and previous expenditures. Revised rates will be published and take effect fifteen days after publication, with all collections going to the national government's general fund.
January 17, 1983
MOF MINISTRY ORDER NO. 06-83
RULES AND REGULATIONS TO IMPLEMENT BATAS PAMBANSA BLG. 325 ENTITLED "AN ACT AUTHORIZING HEADS OF INDUSTRIES, OFFICES, AGENCIES AND COMMISSIONS OF THE NATIONAL GOVERNMENT, INCLUDING THE SUPREME COURT AND CONSTITUTIONAL BODIES, TO REVISE THE RATES OF FEES AND CHARGES"
In compliance with the provisions of Section 4 of Batas Pambansa Bilang 325, the following rules and regulations are hereby promulgated:
SECTION 1. Scope. — (a) These rules and regulations cover all ministries, offices, agencies and commissions of the national government, authorized to revise the rates of fees and charges they impose as provided for under Batas Pambansa Blg. 325.
(b) The fees and charges enforced and collected by government-owned and controlled corporations, local government, those fees covered by international agreements to which the Philippines is a signatory, those imposed by state colleges and universities, government hospitals, medical centers and clinics shall continue to be determined under existing laws, subject to the guideline set forth in Sec. 2 of Batas Pambansa Blg. 325
(c) Fees and charges imposed and collected by the courts shall be determined by the Supreme Court of the Philippines.
(d) Fees and charges imposed and collected by constitutional bodies shall be determined by the constitutional body concerned.
SECTION 2. Determination of Rates. — The fees and charges collected by ministries, offices, agencies and commissions of national government shall be revised at just and reasonable rates:
a) Sufficient to cover administrative costs and
b) Wherever practicable, be uniform for similar or comparable services and functions.
SECTION 3. Revision of Rates. — Revision of rates shall be determined by the respective ministry heads or equivalent functionaries conformably with these rules and regulations, upon recommendation of the imposing and collecting authorities concerned subject to the approval of the Cabinet.
SECTION 4. Revision Committee. — Within fifteen (15) days after the effectivity of these rules and regulations, the ministry head or equivalent functionary concerned shall instruct the heads of agencies and offices under their respective supervision to constitute a Revision Committee on Fees and Charges composed of:
| a) | The head of the bureau, agency, | |
| or office | Chairman | |
| b) | The Budget Officer | Member |
| c) | The Accounting Officer | Member |
| d) | The Chief of division responsible for | |
| implementation/collection | Member | |
| and the representative of the | ||
| Commission on Audit | Observer |
SECTION 5. Functions of the Revision Committee. — The Revision Committees shall
a) gather and/or collate information or date on the costs of rendering each service for which a fee or charge is collected;
b) develop a uniform measurement standard of which to base such costs of administration;
c) formulate recommendations for the rate of fee or charge to be imposed and
d) submit to the ministry head or equivalent functionary concerned on Form No. 1 hereto attached the proposed rates of Fees and Charges and the Costs of Administration.
SECTION 6. Guide in Determining Rate of Fees or Charges. — In determining the rate of fees or charges to be recommended for adoption, the Revision Committee shall take into consideration:
a) the direct cost of rendering the service which shall include the cost of supplies and materials; salaries and wages and overhead costs;
b) the actual expenditures involved in rendering such service in Calendar Year 1922 as well as the amount appropriated for the rendition of such services in the 1983 budget;
c) the fees and charges charged by other national government bureaus, agencies or offices for similar or comparable services rendered.
In no case shall the cost determined be less than the actual expenditures for rendering such services in 1982.
SECTION 7. Recommendation of the Revision Committee — The recommendation of the Revision Committee shall as submitted to the Ministry head or equivalent functions, concerned within thirty (30) days from the date of creation of the Revision Committee.
SECTION 8. Determination of Revised Fees and Charges. — The head of Ministry or equivalent functionary shall, within fifteen (15) days after the recommendation of the Revision Committee shall have been submitted, determine the fees and charges for individual services rendered and submit the same to the Cabinet for final approval.
SECTION 9. Further Revisions of Fees and Charges. — Whenever the fees and charges collected should fall below eighty per cent (80%) of the revised fees and charges, the Revision Committee created in conformity with the provisions of Sec. 4 of these rules and regulations shall be covered for the purpose of ascertaining the proper fee and charge to be imposed. The Revision Committee shall take into consideration the guideline set forth in Sec. 6 of these rules and regulations in submitting its recommendations to the ministry head or equivalent functionary concerned.
SECTION 10. Publication and Effectivity of Revised Rates. — Upon review and approval by the Changes of the revised rates of fees or charges, whether in the first instance as provided for in Sec. 8 of these rules and regulations or a further revision thereof under the provisions of Sec. 9 of these rules and regulations, the revised rates shall be published once a week for two (2) consecutive weeks in two newspapers of general circulation in the Philippine in lieu of publication in the Official Gazette and such rates of fees and charges shall take effect fifteen (15) days after the last publication.
SECTION 11. Accrual of Proceeds. — Unless otherwise provided by law, all collections from fees and charges shall accrue to the general fund of the national government.
SECTION 12. Effectivity. — These rules and regulations shall be published once a week for two (2) consecutive weeks in two newspapers of general circulation in the Philippines in lieu of publication in the Official Gazette and shall take effect fifteen (15) days after the last publication.
All regulations, rules, orders or portions thereof which are inconsistent with the provisions of these rules and regulations are hereby revoked or amended accordingly.
January 17, 1983
(SGD.) CESAR VIRATAMinister of Finance