PAO clients must pay sheriff’s fee

CEBU, Philippines - The Supreme Court of the Philippines has denied the request of Chief Public Attorney Persida Rueda-Acosta of the Public Attorney’s Office (PAO) for the exemption of the PAO’s clients from the payment of sheriff’s expenses.

In 2011, Acosta sent a letter addressed to the Office of the Court Administrator (OCA) asking for a clarification for the exemption of PAO’s clients from payment of sheriff’s expenses, considering their clients in Region 7 were being charged with it. She cited PAO Law as support.

“Sheriff’s expenses should not be exacted from PAO’s clients since Section 6 of Republic Act 9406 or PAO Law specifically exempts them from the payment of docket and other fees incidental to instituting an action in court and other quasi-judicial bodies,” she said.

However, the OCA with the affirmation of the SC, clarified that though PAO’s clients were exempted from other fees, they are not exempted from the payment of sheriff’s expenses.

“Sheriff’s expenses, strictly speaking, are not considered as legal fees under Rule 141 of the Rules of Court since they are not payable to the government; they are payable to the sheriff/process server to defray his travel expenses in serving court processes in relation to the litigant’s case,” the OCA explained

With that ruling, Acosta sought for reconsideration but it was denied by the OCA twice. The OCA maintained its stand.

According to associate justice Bienvenido Reyes of the SC, sheriff’s expenses cannot be classified as fees.

“The term ‘fees’ is defined as a change fixed by law or by an institution for certain privileges or services. Viewed from this context, the phrase docket and other fees incidental to instituting an action refers to the totality of the legal fees imposed under Rule 141 of the Rules of Court,” the resolution read.

Regional Director Atty. Maria G-ree Calinawan of PAO-7 said Acosta earlier sought for a clarification because their clients’ were complaining about the P1,000 sheriff’s expenses in instituting an action in court. This only applies to civil cases.

“Sheriff’s fee is a little heavy to indigents,” she said, adding if they fail to pay the sheriff’s fee, the case is considered not filed or it can be used as a ground in the dismissal of the case.   (FREEMAN)