SC CIRCULAR NO. 50-95, October 11, 1995
SC CIRCULAR NO. 50-95, October 11, 1995
OFFICE OF THE COURT ADMINISTRATOR
CIRCULAR NO. __50-95__
| TO : |
ALL JUDGES AND CLERKS OF COURT OF THE REGIONAL TRIAL COURTS,
SHARI’ A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS AND SHARI’ A CIRCUIT COURTS |
| SUBJECT: |
COURT FIDUCIARY FUNDS
|
The following guidelines and procedures for purpose of uniformity in the
manner of collections and deposits are hereby established:
A. Guidelines in Making Deposits:
(1) Deposits of Fiduciary funds shall be made under a savings accoutn. A
current account may also be maintained provided that a savings account is also
maintained with automatic and fund transfer arrangement.(2) Deposits shall be made in the name of the Court, with its Clerk of Court
and the Executive Judge as authorized signatories.(3) The Clerk of Court shall be the custodian of the Passbook of be issued by
the depository bank shall report the Executive Judge for RTC, SDC, MetroRTC,
MTCC and the Presiding Judge for MTC, MCTC and SCC, the bank’s name, branch and
savings/ current account number, Xerox copy of the passbook shall be submitted
to the Fiscal Audit Division.B. Guidelines in Making Withdrawals:
(1) Withdrawal slips shall be signed by the Executive/Presiding Judge and
countersigned by the Clerks of Court.(2) No withdrawals, except as specifically provided as the immediately
presiding paragraph, shall be allowed unless there is a lawful order form the
Court that has jurisdiction over the subject matter involved.(3) When maintaining a current account, withdrawals shall be made by check.
Signatories on the check shall likewisw be the Esxecutive/Presiding Judge and
the Clerk of Court.(4) All collections from bailbonds, rental deposits, and other fiduciary
collections shall be deposited within twenty four (24) hours by the Clerk of
court concerned, upon receipt thereof, with the Land Bank of the
Philippines.(5) Interest earned on these deposits and any forfeited amounts shall accrur
to the general fund of the national government. Within two (2) weeks after the
end of each quarter, the Clerk of Court shall withdraw such interest and
forfeited amounts and shall remit the same to the National Treasury under a
separate, remittance advice, duplicate copy thereof to be furnished the Chief
Accountant of the Supreme Court for record and control purposes.(6) Only one dispository bank shall be maintained and the bank must be
formaly informed by the Executive/Presiding Judge as to who are the authorized
signatories to the withdrawal slips and that every withdrawal slip must be
accompanied by a court order authorizing the withdrawal of the amount indicated
thereat.(7) Except in instances specifically mentioned in the immediately suceeding
paragraph, all fiduciary collections current deposited with the local
treasurers/and other depositories shall be withdrawn therefrom and deposited
with the saving/current accounts maintained by the court for these
collections.(8) In localities where there are no branches of the Land Bank of the
Philippines, fiduciary collections shall be deposited by the Clerk of Court with
the Provincial, City or Municipal Treasurer.(9) Wihtin two (2) weeks after the end of each quarter, all Clerks of Court
are hereby required to submit to the Chief Accountant of the Supreme Court, copy
furnished the Office of the Court Administrator, a quarterly report indicating
the outstanding balance maintained with the depository bank or local treasurer,
and the date, nature and amount of all deposits and withdrawals made within such
period.Circulars that are inconsistent herewith are considered revoked.
This Circular shall take effect on November 1, 1995.
October 11, 1995.
(SGD.) ERNANI CRUZ PANO Court Administrator