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OCA Circular No. 171 2019

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Rofylyn Lagundino
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240 views2 pages

OCA Circular No. 171 2019

Uploaded by

Rofylyn Lagundino
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Republic of the Philippines Caines Supreme Court ng Sh) Pitice of the Court Aoministrator Ee anita OCA CIRCULAR NO. 171-2019 TO : ALL JUDGES, CLERKS OF COURT, BRANCH CLERKS OF COURT AND OFFICERS-IN-CHARGE/ACTING CLERKS OF COURT OF THE LOWER COURTS SUBJECT : Clarification on the Suspension of New Rates of the Legal Fees on Motions pursuant to the Resolution of the Court En Banc dated 21 September 2004 in A.M. No. 04-2-04-SC Due to numerous inquiries and inconsistencies observed in the collection of fees on motions prescribed under Rule 141, Rules of Court, all judges and clerks of court are hereby reminded that the intention of the Resolution of the Court en banc dated 21 September 2004 in A. M. No. 04-2-04-SC is to suspend the new rates of legal fees on motions prescribed under Amended Administrative Circular No. 35-2004 (Rule 141 of the Revised Rules of Court), Provisions on motions for the old and new rates/rules are presented for better understanding: OLD RATES/RULES NEW RATES/RULES Section 20, Administrative Section 21, Amended Administrative Circular No. 3-2000 Circular No. 35-2004 dated 15 June 2000: dated 20 August 2004: GF | JDF : JDF | _SAJF (6) For motions for (b) For motions for postponements after postponement completion of the (whether verbal or pre-trial stage, one written) after hundred pesos completion of the (P100.00) for the All | pre-trial stage: first, and an for | 1) TWO 100.00 | 100.00 additional fifty JDF HUNDRED (P50.00) pesos for (P200.00) every postponement PESOS for the thereafter based on first, and an that for the additional Lmotnde immediately FIFTY. preceding motion; (P50.00) Provided, however, PESOS for that no fee shall be every motion imposed when the for motion is found to postponement be based on thereafter justifiable and based on that compelling reason; for the immediately preceding motion. | 2) For any other 200.00 motion, TWO HUNDRED. (P200.00) PESOS; The old rule has no provision for the payment of fees on other motions. Hence, only motions for postponement or resetting after completion of the pre-trial stage, whether oral or written, are to be assessed with a fee of one hundred pesos (PHP 100.00) for the first motion, and an additional fifty pesos (PHP 50.00) for every postponement thereafter based on the immediately preceding motion (both for each case even if consolidated) The provision that no fees shall be collected when the motion has been found to be based on justifiable and compelling reason was intentionally omitted in the new rules. Therefore, all motions for postponement or resetting shall be assessed with a fee regardless of the reason/s, except when the party is exempt from the payment of fees. Strict compliance is enjoined. 04 October 2019 . e, at ~~“ JQSE MIDAS P. MARQUEZ Colirt Administrator

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