OCA CIRCULAR NO. 44-2007, May 03, 2007
OCA CIRCULAR NO. 44-2007, May 03, 2007
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TO:
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ALL OFFICERS/PRESIDING JUDGES AND CLERKS OF COURT/ ACCOUNTABLE OFFICERS OF THE FIRST AND SECOND LEVEL COURTS
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SUBJECT:
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CLARIFICATION ON THE EXEMPTION OF COOPERATIVES FROM THE PAYMENT OF ALL COURT AND SHERIFF’S FEES
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For your information and guidance, the Court En Bane
in its resolution dated July 15, 2003 issued in A.M. No. 03-4-01-0,
Resolved to EXEMPT the cooperatives from the payment of
all court and sheriffs fees payable to the Philippine Government for
and in connection with all actions brought under Republic Act. No. 6938
or the Cooperative Code of the Philippines , or where such action is
brought by the Cooperative Development Authority before the court, to
enforce the payment of obligations contracted , in favor of the
cooperative.
In connection therewith the following guidelines shall be observed:
(a) all actions brought before the Court are filed by the
duly elected officers of the cooperative in the name of or for and on
behalf of the cooperative;
(b) ail actions brought before the Court are filed
pursuant to the pertinent provisions of Republic Act No. 6938 also known
as the Cooperative Code of the Philippines but shall be limited only to
enforce the payment of obligations contracted in favor of the
cooperative, otherwise cooperatives will not be exempt from payment of
pertinent fees.
For strict compliance.
May__3__, 2007.
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CHRISTOPER O. LOCK
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Court Administrator
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