OCA CIRCULAR NO. 42-2005, April 28, 2005

The Office of the Court Administrator has been receiving numerous
queries on correct or proper assessment and collection of docket fees.
In relation thereto, we are quoting hereunder the resolution of the
Court En Bane dated 8 March 2005 in A.M. No. 05’3’03-0-Re: Letter of Mr.
John Luym relative to the Docket Fee paid by Plaintiffs in SRC Case No.
021-CEB (formerly Civil Case No. CEB-25502) for the information and
guidance of all concerned:

“A.M. No. 05-3-03-0.- Re: Letter of Mr. John Luym Relative to the
Docket Fee Paid by Plaintiffs I SRC Case No. 021-CEB (Formerly Civil
Case No. CEB-25502). – The Court Resolved, upon the recommendation of
the Office of the Court Administrator, to

(a) INFORM Mr. John Luym that questions relating to the
assessment and collection of docket fees are judicial in nature that
should only be determined by the regular courts and not through
administrative proceedings; and

(b) AUTHORIZE the Office of the Court Administrator to ISSUE a
circular for the purpose of clarifying that it has no authority to
determine whether or not the docket fee assessed or collected is proper
or correct under applicable rules, the same being a judicial matter.”

Henceforth, any question relating to correct or proper assessment
and collection of docket fees of a particular case should be
submitted before the court having jurisdiction of said case. The
question should be revived by the judge concerned within a reasonable
period of time.

28 April 2005.