OCA CIRCULAR NO. 22-2003, February 03, 2003

There are instances when litigants would claim for damages other than
those included in the pleading in the course of the trial. Sec. 8 (a)
of Rule 141 of the Revised Rules of Court provides that a corresponding
docket fee must be paid for damages of whatever kind. Accordingly, it
is necessary that an additional docket fee must be collected on the
damages claimed during the trial but which w ere not specified in the
pleading. To ensure such collection, the following guidelines shall be
observed, thus:

1. In multiple sala stations, the judge concerned must inform the
   Clerk of Court within fifteen (15) days from the presentation of the
   evidence on the damages claimed by the litigant of the nature and amount
   of damages claimed.

2. The Clerk of Court must immediately send a notice, together with
   the assessment of the fees to be paid, to the party concerned, requiring
   the latter to pay the corresponding docket fees within fifteen (15)
   days from receipt of notice.

3. The Clerk of Court must immediately inform the Branch Clerk of
   Court concerned of the fact of payment or non-payment, as the case may
   be, of the corresponding docket fees.

4. Should the party concerned fail to pay the docket fees within the
   given period or before the rendition o f judgment, the judge concemed
   must consider the docket fees as a lien on the judgment by specifying
   the same in the fallo or dispositive portion of the decision.

5. In single sala stations, the Clerk of Court must immediately send a
   notice, together with the assessment of the fees to be paid, to the
   party concerned, requiring the latter to pay the corresponding docket
   fees within fifteen (15) days from receipt of notice. In case of failure
   to pay, par. no/4 should apply.

For strict compliance.

February 03 ,2003.