OCA Circular No. 89-2021 mandates all concerned judges and clerks of court in the Philippines to ensure the collection of appropriate legal fees for various legal proceedings and judgments. This includes fees for permissive counterclaims, monetary awards, motions for postponement, and provisional remedies, among others. The circular emphasizes the necessity for Branch Clerks of Court to issue a prescribed Order of Payment to facilitate these collections. Additionally, it specifies the handling of money collected from executions and the requirement to forward such amounts to the Office of the Clerk of Court for proper deposit. Compliance with these directives is required to uphold the integrity of legal fee collection processes.
June 30, 2021
OCA CIRCULAR NO. 89-2021
| TO | : | All Concerned Judges, Clerks of Court and Branch Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | Collection of Appropriate Legal Fees on Pleadings Filed, Requests, Motions and Judgments Rendered |
Pursuant to the audit observations of the Fiscal Monitoring Division, Court Management Office, Office of the Court Administrator, and in view of the request of the Clerks of Court (COC) of the Offices of the Clerk of Court (OCC) relative to the collection of appropriate legal fees, all Branch Clerks of Court are DIRECTED to issue the attached prescribed Order of Payment to the concerned party for payment of the appropriate legal fees to the OCC on the following matters:
1. Permissive counterclaims, crossclaims, money claims against an estate not based on judgment, third-party, fourth-party, etc. complaints, complaints-in-intervention, and supplemental pleadings with monetary claims filed before your branch;
2. Money collected from execution of writs held in trust by the court. The said amount shall be forwarded to the OCC for deposit to the Fiduciary Fund account;
3. Judgment or Order of monetary award to a party in an amount more than what was paid when the case was filed;
4. Judgment or Order of monetary award to indigent litigant;
5. Judgment or Order of monetary award in criminal cases, excluding actual damages;
6. Motion for postponement/resetting after pre-trial stage, whether oral or written;
7. Motion for issuance of provisional remedies under Rules 57, 58, 59, 60 and 61, e.g., Temporary Restraining Order (TRO), Writ of Preliminary Injunction or Attachment, and others; and
8. Judgment or Order directing the payment of fines.
Clerks of Court of the single sala courts are likewise directed to collect the appropriate legal fees for the above-enumerated matters.
For strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
ATTACHMENT
Order of Payment