OCA CIRCULAR NO. 96-2009, August 13, 2009
OCA CIRCULAR NO. 96-2009, August 13, 2009
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TO:
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ALL JUDGES, CLERKS OF COURT/ ACCOUNTABLE OFFICERS |
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SUBJECT:
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DOCKET FEES FOR COMPULSARY COUNTERCLAIMS |
collecting docket fees for compulsory counterclaims based apparently on a
portion of the decision in Korea Technologies Co. Ltd. vs. Alberto A.
Lerma, etc. ; et a!., G.R. No 143581, January 7, 2008 . which stated
that:
“On July 17, 1998 , at the time PGSM filed its Answer
incorporating its counterclaims against KOGiES, it was not liable to pay
filing fees for said counterclaims being compulsory in nature. We
stress, however, that effective August 16, 2004 under Sec. 7 Rule 141,
as amended by A.M. No. 04-2-04-SC, docket fees are now required to be
paid in compulsory counterclaim or cross-claim.” [emphasis ours]
Please be informed that the second sentence of the quoted portion
of the decision, more specifically that in bold font, has been deleted
in a revised issuance.
For the guidance of alt concerned, the Resolution of this Court in
A.M. No. -2-04-SC dated September 21, 2004 suspending payment of filing
fees for compulsory counterclaims remains in effect. For ready
reference, the resolution reads as follows: ”
“The Court further Resolved to AFFIRM the actions of the Honorable Associate Justices, in its informal meeting held on 20 September 2004, and SUSPEND the new rates of the legal fees under Rule 141, effective 21 September 2004, viz: ”
“(a) Solemnization of marriage;
“(b) Motions; and
“(c) Compulsory counterclaims.”
August __13__, 2009
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JOSE P. PEREZ
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Court Administrator
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