OCA CIRCULAR NO. 56-2007, May 22, 2007

For your information and guidance, the Supreme Court
En Bane issued a Resolution dated April 24, 2007 , in AM No.
02-4-15-SC, entitled “Rules of Procedures in Election Contests Before
the Courts Involving Elective Municipal and Barangay Officials.”

Rule 7 of the aforesaid Resolution prescribes the filing fees and cash deposits in election protests and petition for quo warranto, to wit;

“RULE 7

FILING FEES AND CASH DEPOSITS

SECTION 1, Filing fees – No protest, counter-protest or petition for quo warranto
shall be accepted for filing without the payment of a filing fee in the
amount of Three Thousand Pesos (P3,000.00) for each interest.

If claims for damages and attorney’s fees are set
forth in a protest or counter-protest, additional filing fees shall be
paid in accordance with the schedule provided for in Rule 141 of the
Rules of Court, as amended.

(1) One Thousand Pesos (PI,000.00) for each
precinct involved in the protest or counter-protest; provided that, in
no case shall the deposit be less than Twenty-Five Thousand Pesos
(P25,000.00) to be paid upon filing of the election protest
(counter-protest);

(2) If the amount to be deposited does not exceed
One Hundred Thousand Pesos (P100,000.00), the same shall be paid in
full within ten days after filing of the protest; and

(3) If the deposit exceeds One Hundred Thousand
Pesos P100,000.00), a cash deposit n the amount of One Hundred Thousand
Pesos (P10),000.00) shall be made within ten days after the filing of
the protest. The balance shall be paid in such installments as may be
required by the court with at least five days advance notice to the
party required to make the deposit.

The cash deposit shall be applied by the court  to the payment of
the compensation of revisors as provided under Section 3, Rule 10 of the
Rules of Procedures in Election Cor tests Involving Elective Municipal
and Barangay Officials and of all expenses incidental to revision but
not limited to supplies and miscellaneous expenses of the revision
committee. When the court determines that the circumstances .so demand,
as when the deposit has been depleted, it may require additional cash
deposits. Any unused cash deposit shall be returned to the party miking
the same after complete termination of the protest or counter-protest.

The same amount of cash deposit shall be required from the protestee
(counter-protestant), should continuation of revision be ordered
pursuant to paragraph 2, Section 9, Rule 10 cf the aforesaid Rules. Once
required, the protestee (counter-protestant) shall pay the cash deposit
within a non-extendible period of three days from receipt of the
corresponding order.

(b) Failure to make the cash deposit required within the prescribed
time limit shall result in the automatic dismissal of the protest, or
counter- protest.”

In connection therewith, the- following guidelines shall be observed in the collections and withdrawals of the above lees:

A. Remittance of collections:

1. the filing fee of Three Thousand Pesos (Php3,000.00) shall
   accure to the account of the Special Allowance for the Judiciary Fund
   (SAJF) and shall be deposited for the “Account of the Special Allowance
   for the Judiciary Fund,” under LBP Savings Account Number 059-1744-28;

2. the amount collected for the cash deposits shall be deposited
   to the LBP Savings and/or Current Account being maintained for the
   Fiduciary Fund by the Court concerned with the Clerk of
   Court/Accountable Officer and the Executive/Presiding Judge as
   co-signatories.

If there are no available LBP branches in the respective localities,
the collection shall be deposited with the Municipal/City/Provincial
Treasurer’s Office under the name of the Court with the Clerk of
Court/Accountable Officer and the Executive/Presiding Judge as
co-signatories.

The Rules took effect on May 15, 2007.

For strict compliance.

May__22__ 2007.