OCA CIRCULAR NO. 129-2009, September 24, 2009

“SEC 11, Stenographers. – Stenographers shall give
certified transcript of notes taken by them to every person requesting
the same upon payment to the Clerk of Court of (a) TEN (P10.00) PESOS
for each page of not less than two hundred and fifty words before the
appeal is taken and (b) FIVE (P5.00) PESOS for the same page after the
filing of the appeal, provided, however that one-third (1/3) of the
total charges shall accrue to the Judiciary Development Fund (JDF) and
the remaining two-thirds (2/3) to the stenographers concerned.”

WHEREAS, Sec. 22 of Rule 141, as amended, clearly exempts the Commission on Audit (COA) from payment of legal fees, to wit:

“SEC. 22. Government exempt. – The
Republic of the Philippines , its agencies and instrumentalities are
exempt from paying the legal fees provided in the rule. Local
governments and government-owned or controlled corporations with or
without independent charters are not exempt from paying such fees.

However, all court actions, criminal or civil, instituted at the
instance of the Provincial, City or Municipal Treasurer or Assessor
under 280 of the Local Government Code of 1991 shall be exempt from
payment of Court and Sheriff’s fees. (Page 211 of the Manual for Clerks
of Court)”

WHEREAS, in the resolution of the Court En Bane dated
June 30, 2009 in A.M. No. 08-4-9-SC (Re: Request for Transcript of
Stenographic Notes [TSN] Free of Charge from Drug Courts).- the Court
Resolved, upon the recommendation of the Office of the Court
Administrator, to:

“(a) NOTE and GRANT the letter request of the Commission on Audit for exemption from payment of fees for copies of transcript of stenographic note: (underscoring ours) and

“(b) AUTHORIZE the Office of the Court Administrator to issue a circular reminding all courts of the exemption provided under

Section 22. Rule 141, Revised Rules of Court, as amended, and
clarifying that exemption from payment of stenographer’s fee under
Section 11 of the same rule should be granted by courts without the need
for each and every agencies and instrumentalities of the national
government to request this Court for authority to avail of such
exemption.”

NOW, THEREFORE, all Judges and Clerks of Court
are reminded that the exemption from payment of legal fees of those
mentioned in the above quoted Sec. 22. of Rule 141, as amended,
specifically stenographer’s fees should be recognized and granted by
courts without the need for each and every agency and instrumentality of
the national government to request the Supreme Court for authority to
avail of such exemption.

September __24__, 2009.