OCA CIRCULAR NO. 37-2005, April 06, 2005

Under Sec 9 A. of the revised Rule 141 of the Revised Rules of
Court, approved by the Supreme Court on 20 July 2004, Clerks of Court of the Regional Trial Courts and the First-Level Courts shall collect the amount of FIVE HUNDRED PESOS (P500.00) (1) upon the filling of a Complaint or an Answer with a mediatable permissive or compulsory counterclaim or
cross-claim, complaint-in-intervention, third-party complaint,
fourth-party complaint, etc. in civil cases, a Petition, an Opposition
and a Creditors’ Claim in Special Proceedings; (2) upon the filing of a
Complaint/Information for offenses covered by the Katarungang
Pambarangay Law, violation of B.P. Big. 22, estafa and libel cases where
damages are sought; and (3) upon the filing of a Complaint/Information
for quasi-offenses under Title 14 of the Revised Penal Code.

Sec. 9 of the revised Rule 141 of the Revised Rules of Court
provides for the contribution to the Mediation Fund, and explains the
purpose and treatment of the same. The rule states:

“The Fund shall be utilized for the promotion of court-annexed
mediation and other relevant modes of alternative dispute resolution
(ADR), training of mediators, payment of mediator’s fees, and operating
expenses of the Philippine Mediation Center (PMC) units including
expenses for technical assistance and organizations/individuals,
transportation/communication expenses, photocopying, supplies and
equipment, expense allowance and miscellaneous expenses, whenever
necessary, subject to auditing rules and regulations. In view thereof,
the mediation fees shall not form part of the Judiciary Development Fund (JDF)  under P.D. No. 1949 nor of the special allowances granted to justices and judges under Republic Act No. 9227.”

The Rule does not provide that the absence of a Philippine Mediation
Center exempts a party from contributing to the Mediation Fund. The
Fund is not only for the mediation services rendered but also for the establishment and maintenance of PMC units. Thus, mediation fees are to
be collected even if there is no operating PMC unit in the area.

Under the Rule, pauper litigants are exempt from contributing to the
Mediation Fund, provided that the unpaid contribution to the Mediation
Fund shall be considered a lien on any monetary award in a judgment
favorable to the pauper litigant. An accused-appellant is also exempt
from

contributing to the Mediation Fund.

The mediation fee is akin to the UP Legal Research Fee.

You are hereby reminded to collect mediation fees as per Sec. 9, Rule 141 of the Revised Rules of Court.

For strict compliance.

6 April 2005.