Tuesday, November 13, 2007
Court grinds to halt over lack of receipts
HARD to believe but in the Court of Law, something as trivial as a receipt can halt the wheels of justice.
Litigants haven’t been able to file any pleading before the Regional Trial Court (RTC) Civil Division since last Friday.
The reason: there are no receipts for the standard docket fees collected by the office for the Supreme Court (SC).
Lawyer Allen Davide, assistant clerk of court of the RTC in Cebu City, said they have reported the matter to the High Tribunal for action.
“The cashier will not receive payment without the receipt. As a result, we cannot receive any case,” he said.
The receipts cover assessment for the Judicial Development Fund, the Special Allowance for Judges and the Victims Compensation Fund.
Average number
“Last month, they sent us 40 booklets,” Davide said.
A source inside the RTC said the last batch supplied was a far cry from the average of 200 booklets the SC usually ships.
The cashier uses up two to three booklets a day.
The most affected are litigants in injunction cases, particularly those seeking provisional remedies like temporary restraining orders.
Those who intend to file motions or other pleading relative to existing cases are asked to go directly to the branch clerk of court of the sala where their cases are pending.
Most others are told to just call lawyer Jeoffrey Joaquino, the Clerk of Court, for updates.
Joaquino was not in his office when Sun.Star Cebu came to visit. Sources said he was attending a seminar together with judges.
Legal fees
Legal fees are collected pursuant to Section 141 of the Rules of Court and AM 00-2-01-SC.
Charges are imposed on, among other things, the filing of an action or a permissive counter claim involving money, such as damages, requests for extrajudicial foreclosure of real estate, for initiating proceedings for the allowance of wills. (KNR)
For Bisaya stories from Cebu. Click here. (November 11, 2007 issue)
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