Uniform Collection of the Legal Research Fee Pursuant to Presidential Decree No. 1856

November 26, 2020

OCA CIRCULAR NO. 189-2020

 

In view of the several inquiries regarding the cases in all courts which shall be subjected to the collection of Legal Research fees as provided in Presidential Decree No. 1856 or The UP Law Center Charter (PROVIDING FOR FINANCIAL SUPPORT TO THE UNIVERSITY OF THE PHILIPPINES LAW COMPLEX AND FURTHER AMENDING FOR THIS PURPOSE REPUBLIC ACT NUMBERED THIRTY-EIGHT HUNDRED SEVENTY, AS AMENDED), the pertinent portion thereof reads:

"SEC. 4. In order to provide for the support of the U.P. Law Center and the University of the Philippines Law Complex, the additional amount of one percent (1%) of the filing fee imposed, but in no case lower than Twenty Pesos, in the case of the appellate courts and the additional amount of one percent (1%) of the filing fee imposed, but in no case lower than Ten Pesos in the case of all other courts, including all administrative or special courts, as well as agencies or tribunals exercising quasi-judicial functions and those enumerated in Letter of Instructions No. 1182, issued on December 16, 1981, shall be collected by their respective clerks of court, or equivalent functionary, for each action or special proceeding filed therewith and for which the fees prescribed in the Rules of Court or in any statute or regulation as due and payable. For this purpose, "special proceeding" shall include any petition or application, paper or document seeking official action to establish _a_ status, a_ right, privilege or particular fact or command the performance of a duty. Such additional amounts shall be receipted for as part of a special fund to be known as the "Legal Research Fund," and shall, upon collection, be immediately remitted to the University of the Philippines and deposited in a separate account in any authorized government depository bank in the name of the National Treasurer as Ex-Officio Treasurer of the U.P. under this Charter." (Emphasis ours.)

and in order to have a uniform application thereof, you are hereby directed to collect the legal research fee in the amount of one percent (1%) of the filing fee imposed, but in no case lower than Ten Pesos (PHP10.00), in the following:

a) Filing of Civil Cases, Special Proceedings, Criminal Cases instituted with civil liability, Intellectual Property Cases, and Commercial or Corporate Cases;

b) Application for the performance of Marriage Ceremony;

c) Application for Extra-Judicial Foreclosure of Mortgaged Properties;

d) Application for Notary Commission;

e) Application for Accreditation of Newspapers and Periodicals;

f) Filing of a Notice of Appeal;

g) Filing of Motion for Postponement;

h) Application to Post Bail;

i) Filing of bonds or other instruments of indemnity or security in provisional remedies;

j) Requests for Filing of all types of bonds in criminal and civil cases; and

k) Requests for issuance of clearances and certifications.

For your strict compliance.

(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator