SC: Coops not exempted from court fees

CEBU, Philippines - The Supreme Court of the Philippines ruled that cooperatives are not exempted from paying all court and sheriff’s fees.

The Perpetual Help Community Cooperative (PHCCI) has claimed that they are exempted from the said payments in accordance with Republic Act 9250 known as The Philippine Cooperative Code of 2008.

The PHCCI cited Section 6, Article 61 of RA 9520 stating that cooperatives shall be exempt from the payment of all court and sheriff’s fees payable to the Philippine Government for and in connection with all actions brought under this Code.

However, Associate Justice Jose Portugal-Perez denied the petition filed by the PHCCI for clarification of exemption from payment of all court and sheriff’s fees.

He said Congress cannot revoke, change or modify any procedural rules promulgated by the court.

Perez said in the GSIS case, the court cited Echegaray vs. Secretary of Justice stating that “the 1987 Constitution molded an even stronger and more independent judiciary; took away the power of congress to repeal, alter, or supplement rules concerning pleading, practice and procedure and held that the power to promulgate rules is no longer shared by the court with Congress, more so, with the executive.”

In the said GSIS case it is stated that since the payment of legal fees is a vital component of the rules promulgated by the SC concerning pleading, practice and procedure, this cannot be validly annulled by the Congress.

It added that if other branches pass laws or issue orders that effectively revoke and modify any procedural rules promulgated by the court, they trespass the privilege given to the judiciary as an independent branch.

With the “categorical pronouncements of the SC in GSIS case”, Perez said the exemption of cooperative from payment of court and sheriff’s fees “no longer stands.”

“Cooperatives can no longer invoke RA 6938 as amended by RA 9520 as basis for exemption from the payment of legal fees,” the resolution reads.

Perez then directed the Office of the Court Administrator to issue circular clarifying cooperatives is not exempted from the payment of legal fees provided for under Rule 141 of the Rules of Court.

Earlier, the PHCCI filed a motion before the Office of the Executive Judge of Municipal Trial Court in Cities (MTCC) in Dumaguete City, Negros Oriental to implement the exemption of cooperatives from payment of court and sheriff’s fees in cases filed in courts.

However, the executive judge ruled the issue brought by the PHCCI is a national concern best to be addressed before the SC. The PHCCI said the payment of court that includes filing or dockets fees, appeal fees, fees for issuance of provisional remedies, mediation fees, sheriff’s fees, stenographer’s fees and commissioner’s fees is contrary to The Philippine Cooperative Code of 2008.  (FREEMAN)