OCA CIRCULAR NO. 58-2007, May 24, 2007

It has been brought to attention of this Court that
collection of mediation fees nationwide is no; being strictly
implemented as mandated under the Resolution of the Court En Banc dated 5
July 2005 in A.M. No. 05-3-13-SC- PHILJA. The provisions, of the
aforesaid resolution are hereby REITERATED as follows:

“I. Fees to be Collected for Mediation Fund

A. Clerks of Court of the following courts shall collect fees to form the Mediation Fund under Section 9, Rule 141, of the Rules of Court as revised^[1] in A.M. No. 04-2-04-SC, which took effect August 16, 2004, upon filing of:

(1) This following pleadings, in the Regional Trial Courts, and First level Courts the amount of P500.00 Mediation Fee –
.

Civil Cases-

â–  A Complaint;
â–  Answer with the mediatable^[2] counterclaim

o permissive or compulsory^[3] counterclaim
o cross-claim
o third-party complaint, fourth-party complaint, etc.

â–  Complaint-in-intervention
â–  Answer-in-intervention^[4] .

Criminal Cases –

â–  Complaint of Information for:

o offenses covered under the Katarungang Pambarangay Law where a certificate to File Action has been issued
o violation of B.P. Bld. 22;
o estafa and libel cases where damages are sought;
o quasi-offenses under Title 14 of the Revised Penal Code

(2) Appeal to:

a. The Regional Trial Court – Mediation Fee of P500.00 will be collected by the Clerks of Court of the First Level Courts;

b. The Court of Appeals or the “Sandiganbayan”
– Mediation Fee of Pl,000.00 will be collected by the Clerks of Court
of the Regional Trial Court.

(3) The following pleadings in the Court of
Appeals, the Sandiganbayan, and the Court of Tax Appeals the amount of
PI,000.00 Mediation Fee to be collected by the respective Clerks of said
appellate courts:

3.1 Mediatable case

a. Petition, including that for Annulment of Judgment;

b. Special Civil Action;

c. Comment or Answer to the Petition or Action;

d. Appellee’s brief.

3.2 Appeals from the decision of a Court of Tax Appeals Division to the Court of Tax Appeals En Banc.

In a11 the foregoing situations, where the relevant pleading (e.g. Answer) or Notice of Appeal is filed by registered mail, a notice to pay
the mediation fee must forthwith be sent to the filing party. The
relevant pleading or Notice of Appeal shall not be acted upon until
payment has been received.

The following are exempt from contributing to the Mediation Fund:

1) Pauper-litigants.
“Despite such exemption, the court shall provide that the Unpaid
contribution to the Mediation Fund shall be considered a lien on any
monetary award in a judgment favorable to the pauper litigants.”

2) Accussed-appellant.

B. For First Level Courts and Regional Trial
Courts with PMC Units, the Mediation Fees referred to in A.M. No
01-10-5-SC- PHILJA, dated 16 October 2001 , are collectible in cases
filed prior to August 16, 2004 .

‘ Pursuant to the same AM No. 01-10-5 SC PHILJA
dated 16 October 2001 ? the applicable rate of Mediation Fee is 20% of
ilk- filing fee, to be paid separately from the filing fee, but it cannot be less than Pl,000.00 nor more than P10,000.00.

Similarly, pursuant to the same A.M. No.
01-10-5 SC PHIJJA, dated 16 October 2001 , 50% of the Mediation Fee
shall be paid to the Clerk of Court at the start of mediation. Upon
settlement of the case through a compromise agreement, the balance of
the Mediation Fee shall also be paid to the Clerk of Court. If no
compromise is reached, only the down payment shall be paid.

II. Duty of the Clerks of Court or Officers-in-Charge

1. Collection Procedure

The Clerks of Court, Officers-in-Charge, or their duly authorized representative, shall:

o Receive the Mediation Fees;
o Issue the proper receipts therefore;
o Maintain a separate cash book for Mediation Fees;
o Deposit such collections in the manner herein prescribed; and
o Render the proper Monthly Report Collections of Mediation Fees;

2. Issuance of Receipts

A separate set of official receipts shall be
used for the Mediation, Fee collections. For those areas with Philippine
Mediation:’Center (PMC) Units, a separate series of official receipts
will be used for those fees collected under Section 9, Rule 141 of the
Revised Rules of Court, and for those fees collected under A.M. No.
01-10-5-S

Such official receipts issued shall invariably
indicate the prefix initial of the name of the Fund – “MF”, for
collections under Section 9, ‘Rule 141 of the Revised Rules of Court;
and “PMC”, for collections under A.M. No. 01-10-5-SC-PHILJA – followed
immediate!v by the description of the kind and nature of the
collection,;including the case number.

Official Receipts for the Fund shall be provided by the
Supreme Court through the Property Division of the Office of the Court
Administrator. The costs incurred for procurement and printing oi the
Mediation Fee Official Receipts shall be charged to the Mediation Fund.
In the event that Official Receipts requested are not immediately
available, previously issued Official Receipts may be used for the
purpose provided they are properly marked – “Mediation Fund”, for collections under Section 9, Rule 141 of the Revised Rules of Court; and “Philippine Mediation Center Fund”, for collections under A.M. No. 01-10-5-SC-PHILJA;

3. Cash Book

A separate cashbook must be maintained for the Mediation
Fund. Cashbooks can be requisitioned from the Supreme Court through the
Property Division of the Office of the Court Administrator. The costs
incurred for procuring of the case books shall be charged to the
Mediation Fund.

Until official cash books are available, the ordinary Record
Book (7″ v 12″) may be used for the purpose. Provided, that the same
shall be marked “CASH BOOK FOR THE MEDIATION FUND”.
For areas with PMC Units, separate cash books shall be maintained for
collections under Section 9, Rule 141 of the Revised Rules of Court, and
for collections under A.M. No. 01-10-5-SC-PHILJA;

4. Deposit of Collection

The depository bank for the Mediation Fund shall be the Land
Bank of the Philippines . The income and interest earned shall likewise
form part of the Fund.

The: Clerks of Court, Officers-in-Charge, or their duly
authorized officers shall deposit daily the collections accruing to the
Fund with: (a) the SC PHILJA PMC Trust Fund (Rule 141) LBP Savings Account No. 3472-1000-08, for collections under Section 9, Rule 141 of the Revised Rules of Court; and (b) the SC-PHILJA- PMC-TRUST Fund, LBP Account No. 0592-1055-60, for collection under A.M. No. 01-10-5-SC-PHILJA.

In the absence of an LBP Branch, Postal Money Orders (PMO’s)
payable to the Philippine Judicial Academy (PHILJA) can be purchased
from the local Post Office and sent to PHILJA Finance Division for
proper deposit.

5. Monthly Reports

Seperate “Monthly Report of Collection” shall be regularly
prepared for the collections under Section 9, Rule 141 of the Revised
Rules of Court, and for the collections under A.M. No.
01-10-5-SC-Philja, attaching therewith: (a) the duplicate copy of the
official receipts issued such month covered; and (b) the validated copy
of the Deposit Slips.

Five (5) copies shall be prepared by the Clerk of Court and
submitted within ten (10) days after the end of every month thereof to
the following: (1) Original Copy – Chief Financial and Management
Officer, PHILJA Finance Division; (2) Chief Accountant of the Supreme
Court; (3) The Fiscal Monitoring Division, Office of the Court
Administrator; and (4) PMC Unit in their area. The Clerk of Court shall
retain the fifth copy for their file.

The, aggregate sum of the Deposit Slips for any particular
month should always equal to, and tally with the total collections for
that month ;is reflected in the Monthly Report of Collections.

If no collection is made during any month, notice to that
effect should be Submitted to the Chief Financial Management Officer of
the PHILJA Finance Division within ten (10) days after the end of every
month.

All reports and correspondence relative to the collections and deposits of the Mediation Fees shall be addressed to:

THE CHIEF FINANCIAL MANAGEMENT

OFFICER, c/o PHILJA FINANCE DIVISION

3RD Floor, Supreme Court Centennial Building

Padre Faura Street, Corner Taft Avenue

Malate, Manila 1000

Copy Furnished:

SC CHEIF JUDICIAL STAFF OFFICER

Fiscal Monitoring division

Office of the Court Administrator

2ND Floor, Mezzanine, Supreme Court Old Building

Padre Faura Street, Corner Taft Avenue

Malate, Manila 1000

III. Review and Audit of Mediation Fees Collected

The Accounting Section of PHILJA Finance Shall:
1) prepare and submit to the Accounting Division of the Supreme
Court a Summary of the Monthly Report of Collections and Deposits based
on the reports submitted fry each Clerk of Court;

2) maintain a subsidiary ledger for each Clerk of Court for control and audit purposes of the Fiscal Monitoring Division, Office of
the Court Administrator; and

3) provide the Fiscal Monitoring Division, upon its request, with certified photocopies of the subsidiary ledger.

IV. Reinbursement of Expenses

All ordinary and reasonable expenses incurred for the
remit­tance of collections and transmittal of reports of the Mediation
Fund shall be reimbursed by the Philippine Judicial Academy, chargeable
against the Fund, upon submission of the duly accomplished voucher
together with the necessary original receipts and other supportiag
papers required in audit directly to the Chief Financial and Management
Officer of the PHILJA Finance Division.

In no case shall expenses incurred arising out of or related to
the Mediation Fund be deducted from the collections, which should be
remitted in full.”

For strict compliance.

May__24__, 2007.

	CHRISTOPHER O. LOCK
	Court Administrator