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SUBJECT

JRcpublic of tlJc .Jl~i1ippincn,$uprwu: (.ourt

Ql)rficc of tlJc (,ourt j\bminiStrator,manila

( tCA CIRCULAR NO. 58- 2007

THE CLERKS OF COURTS OF THE COURTOF APPEALS, SANDIGANBAYAN, COURT OF .TAX APPEALS, REGIONAL TRIAL COURTS,AND FIRST LEVEL COURTS(METROPOLITAN TRIAL COURTS,MUNICIPAL TRIAL COURTS IN CITIES,MUNICIPAL TRIAL COURTS AND'MUNICIPAL CIRCUIT TRIAL COURTS)

: REITERATION OF THE GUIDELINES ONTHE COLLECTION OF FEES FOR THEMEDIA TION FUND UNDER SECTION 9,RULE 141 (A.M. NO. 04-2-04-SC, EFFECTIVE16 AUGUST 2004); AND A.M. NO. 01-10-S-SCPHILJA, DATED 16 OCTOBER 2001

. It has been brou)?ht to attention of this Court that collection of mediationfees nationwide is nCI: being strictly implemented as mandated under theResolution 0 f the CourEn Bane dated 5 July 2005 in A.M. No. 05-3-l3-SC-PHILJA. The provisiol s of the aforesaid resolution are hereby REITERATEDas follows:

"I. Fees to be Collected for Mediation Fund

.\. Clerks )f Court of the following courts shall collect fees to formthe M\~diation Fund under Section 9, Rule 141, of the Rules ofCourt as revisedl in A.M. No. 04-2-04-SC, which took effectAugw,: 16, 2004, upon filing of:

(1) T1J;~following pleadings in the Regional Trial Courts, andFirst I ,eve1Courts the amount of'P500.00 Mediation Fee -

Civil Cases -• A Complaint;• .Answer with a mediatable2 counterclaim

I .A.M. No. 04-2-0·~ SC, which to k effect August 16,2004

2 Example ofMedJatable Cases

o permissive or compulsorl counterclaimo cross-claimo third-party complaint, fourth-party

complaint, etc.• Complaint-in-intervention• Answer-in-intervention4

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Special Proceedings-• Petition;• Opposition;• Creditor's Cliam.

Criminal Cases -• Complaint of Information for:

o offenses covered under the KatarungangPambarangay Law where a Certificate toFile Action has been issued;

o violation ofB.P. BIg. 22;o estafa and libel cases where damages are

sought;

(1) In the Regional Trial Courts and the First Level Courts (A.M. No. 01-10-5-SC-PHILJA dated 16Octo1Jer 2001), the ji ,llowing are mediatable:

a. All civil ca~es, settlement of estates, and cases covered by the Rule on Summary Procedure,except thm,c' which by law many not compromised; (b)

r. Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law;c. The civil aspect ofB.P. Big. 22;ci. The ci vii aspect of quasi-offenses under title 14 of the Revised Penal Code; ande. Civil aspen of estafa and libel cases where damages are sought. (Sec. 9, Rule 141 of the

Revised Rli es of Court, A.M. No. 04-2-04 SC effective 16 August 2004.

Note: In A.M. l' ). 04-1-12-SC-PHILJA dated 29 August 2006, the civil aspect of theft underJlJticle 308 of tile Revised Penal Code is also included as one of the mediatable cases.

(2) In the Court c, ' Appeals (A.M. No. 04-3-15-SC dated 23 March 2004), the following aremedi,ltable:

[ . Civil cases ',rought on ordinary appeal or petition for review;b. Appeals fr(lm final orders, awards, judgments, resolution of quasi-judicial agencies in the

exercise of Iheir quasi-judicial functions through petition for review or certiorari;(. Special civIl actions for certiorari, except those involving pure questions oflaw;ct. Habeas corpus cases involving custody of minors, with the consent of the parties, provided

that the mi nor is not detained for commission of a criminal offense; and( . Criminal cases cognizable by the Katarungang Pambarangay under Republic Act No. 7160

and such (I,Tenses are punishable by imprisonment not exceeding one year or a fine notexceeding I 5,000.00,

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O.

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EXCEPT, he following cases:Those civl I cases which by law cannot be compromised;Criminal (ilses except those under paragraph d above;Habeas co 'Pus petitions involving custody of minors when the subject is detained forcommissicl 1 of a criminal offense; andCases with pending application for restraining orders/preliminary injunctions, unless bothparties ha' ~requested for mediation.

3 The new rate of the legal fees £,' compulsory counterclaim was suspended in a Resolution of the Court En Bancin A.M. No. 04- ~-04-SC dated 21 September 2004.

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o quasi -offenses under Title 14 of theRevised Penal Code.

(2) Appeal to:a. The Regional Trial Court - Mediation Fee of P500.00

will be collected by the Clerks of Court of the FirstLevel Courts;

h. The Court of Appeals or the "Sandiganbayan" -Mediation Fee of P1,000.00 will be collected by theClerks of Court of the Regional Trial Court.

(3) 'I he following pleadings in the Court of Appeals, the~;andiganbayan, and the Court of Tax Appeals theamount of P1,000.00 Mediation Fee to be collected bythe respective Clerks of said appellate courts:\.1 Mediatable case

a. Petition, including that for Annulment ofJudgment;

b. Special Civil Action;c. Comment or Answer to the Petition or Action;d. Appellee's brief.

;.2 Appeals from the decision of a Court of Tax AppealsDivision to the Court of Tax Appeals En Banc.

In all the foregoing situations, where the relevant pleading(e.g. Answt~r) or Notice of Appeal is filed by registered mail, anotice to pay the mediation fee must forthwith be sent to the filingparty. The relevant pleading or Notice of Appeal shall not be actedlIpon until payment has been received.

The followi ng are exempt from contributing to the Mediation Fund:1) Pauper-litigants.

"Despite such exemption, the court shall provide that theunpaid contribution to the Mediation Fund shall becnnsidered a lien on any monetary award in a judgmentfa v'orable to the pauper litigants."

2) Accussed-appellant.

B. For Fi I'st Level Courts and Regional Trial Courts with PMCUnits, (he Mediation Fees referred to in A.M. No 01-10-5-SC-PHIL] A, dated 16 October 2001, are collectible in cases filedprior tc, August 16, 2004.

Pursuant to the same AM No. 01-10-5 SC PHILJA dated16 Odober 2001, the applicable rate of Mediation Fee is 20%of the filing fee, to be paid separately from the filing fee, butit cannot be less than P1,000.00 nor more than P10,000.00.

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S~l.1ilarly, pursuant to the same A.M. No. 01-10-5 SCPHIl-JA, dated 16 October 2001, 50% of the Mediation Feeshall be paid to the Clerk of Court at the start of mediation.UPOll settlement of the case through a compromise agreement,the balance of the Mediation Fee shall also be paid to theClerk of Court. If no compromise is reached, only the downpayment shall be paid.

II. Duty of the Clerks of Court or Officers-in-Charge

1. Collection Pmcedure

The Clerks of Court, Officers-in-Charge, or their dulyauthorized Iepresentative, shall:

o Receive the Mediation Fees;o Issue the proper receipts therefor;o Maintain a separate cash book for Mediation Fees;o Deposit such collections in the manner herein

prescribed; ando Render the proper Monthly Report of Collections of

Mediation Fees;

2. Issuance of Receipts

A separate set of official receipts shall be used for theMediation Fee collections. For those areas with PhilippineMediation: Center (PMC) Units, a separate series of official receiptswill be use for those fees collected under Section 9, Rule 141 of theRevised Ru les of Court, and for those fees collected under A.M. No.n 1-10-5-SC -PHILJA.

Sucb official receipts issued shall invariably indicate theprefix initial of the name of the Fund - "MF", for collections underSection 9, Rule 141 of the Revised Rules of Court; and "PMC", forcollections under A.M. No. Ol-lO-5-SC-PHILJA - followedimmediatel~/ by the description of the kind and nature of thecollection, inc1uding the case number.

Offic ial Receipts for the Fund shall be provided by theSupreme ('.)urt through the Property Division of the Office of theCourt Adnlinistrator. The costs incurred for procurement andprinting of the Mediation Fee Official Receipts shall be charged tothe Mediatll)n Fund. In the event that Official Receipts requested arenot immediately available, previously issued Official Receipts mayhe used fl)r the purpose provided they are properly marked -'-Mediation Fund", for collections under Section 9, Rule 141 of theRevised Rilles of Court; and "Philippine Mediation Center Fund",for collecti('ns under A.M. No. 01-10-5-SC-PHILJA;

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3. Caslt Book

A sc arate cashbook must be maintained for the MediationFund. Cashbooks can be requisitioned from the Supreme Courtthrough t)le Property Division of the Office of the CourtAdministralOr. The costs incurred for procuring of the case booksshall be cha rged to the Mediation Fund.

Unti I official cash books are available, the ordinary RecordBook (7" " 12") may be used for the purpose. Provided, that thesame shall be marked "CASH BOOK FOR THE MEDIATIONFUND". For areas with PIvIC Units, separate cash books shall bemaintained for collections under Section 9, Rule 141 of the RevisedRules of Court, and for collections under A.M. No. 01-10-5-SC-PHILJA' ,

4. Deposits of (:ollection

The. depository bank for the Mediation Fund shall be the LandBank of the Philippines. The income and interest earned shalllikewise form part of the Fund.

The Clerks of Court, Officers-in-Charge, or their dulyauthorized officers shall deposit daily the collections accruing to theFund with: (a) the SC PHILJA PMC Trust Fund (Rule 141) LBPSavings Account No. 3472-1000-08, for collections under Section~),Rule 141 of the Revised Rules of Court; and (b) the SC-PHILJA-PMC-TRU~;T Fund, LBP Account No. 0592-1055-60, forcollection under A.M. No. 01-10-5-SC-PHILJA.

In the absence of an LBP Branch, Postal Money Orders(PMO's) payable to the Philippine Judicial Academy (PHILJA) canhe purchas d from the local Post Office and sent to PHILJA FinanceDivision fOI'proper deposit.

5. Monthly Rep,)rts

Separate "Monthly Report of Collection" shall be regularlyprepared for the collections under Section 9, Rule 141 of theRevised Rules of Court, and for the collections under A.M. No. OI-l0-5-SC-P-1lILJA, attaching therewith: (a) the duplicate copy of theofficial receipts issued during such month covered; and (b) thevalidated c( IPY of the Deposit Slips.

Five (5) copies shall be prepared by the Clerk of Court andsubmitted \',ithin ten (10) days after the end of every month thereofto the following: (1) Oliginal Copy - Chief Financial andManagement Officer, PHILJA Finance Division; (2) ChiefAccountant of the Supreme Court; (3) The Fiscal Monitoring

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Division, {)ffice of the Court Administrator; and (4) PMC Unit int heir area. '1 'he Clerk of Court shall retain the fifth copy for their file.

The 199regate sum of the Deposit Slips for any particularmonth should always equal to, and tally with the total collections fort hat month :lS reflected in the Monthly Report of Collections.

If no collection is made during any month, notice to that effectshould be'ubmitted to the Chief Financial Management Officer ofthe PHILJ j~. Finance Division within ten (l0) days after the end ofevery mont h.

All n~ports and correspondence relative to the collections anddeposits of ~heMediation Fees shall be addressed to:

THI: CHIEF FINANCIAL MANAGEMENTOFFICER, c/o PHILJA FINANCE DIVISION3RD Floor, Supreme Court Centennial BuildingPadre Faura Street, Corner Taft AvenueMalw:e, Manila 1000

Cop> furnished:

SC CHIEF JUDICIAL STAFF OFFICERFiscal Monitoring divisionOffice of the Court Administrator2nd Floor, Mezzanine, Supreme Court Old BuildingTaft ;\ venueMalate, Manila.

III. Review and Audit of Mediation Fees Collected

The AccoUl-ting Section ofPHILJA Finance shall:1) pr,~pare and submit to the Accounting Division of the

S ,preme Court a Summary of the Monthly Report ofCollections and Deposits based on the reports submittedby each Clerk of Court;

2) maintain a subsidiary ledger for each Clerk of Court forcontrol and audit purposes of the Fiscal MonitoringDivision, Office of the Court Administrator; and

3) pl'Ovide the Fiscal Monitoring Division, upon its request,with certified photocopies of the subsidiary ledger.

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IV. Reimbursement of Expenses

Aile 'dinary and reasonable expenses incurred for the remit-tance of co) ections and transmittal of reports of the Mediation Funds lall be rei, lbursed by the Philippine Judicial Academy, chargeableagainst thE 1"und, upon submission of the duly accomplishedvoucher tOc,ether with the necessary original receipts and others Jpporting papers required in audit directly to the Chief Financialalld Managl'ment Officer of the PHILJA Finance Division.

In no c~lse shal I e> Jenses incurred arising out of or related to the MediationFund be deducted rom the collections, which should be remitted in full."

For strict C(I npliance.

f\lay 2412(1)7.

CHRISTOPHER . L CKCourt Administrator

TCB/frc/rnedialiondoc,< ·18·07

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