CIAC Resolution No. 06-2014

(NAR) VOL. 25 NO. 4 / OCTOBER - DECEMBER 2014

[ CIAC RESOLUTION NO. 06-2014, October 09, 2014 ]

IMPOSING ADMINISTRATIVE FEES ON REQUESTS AND MOTIONS RELATIVE TO THE CASES FILED WITH THE CIAC

Adopted: 09 October 2014 Date Filed: 29 October 2014

WHEREAS, in a number of cases filed with the CIAC, parties or their counsels have requested or moved for the certification of copies of the pleadings, records, and case documents for submission to the appellate courts; extension of time to file answer/responsive pleading; postponement of hearings/case proceedings; interim relief; and other services in connection with the cases;

WHEREAS, action on the said requests/motions entails direct costs and overhead expenses on the part of the Commission and the CIAC Secretariat which put a strain on the CIAC’s limited budget and resources;

WHEREAS, to recover the costs of providing the services requested, such motions/requests are charged fees by the regular and appellate courts pursuant to Rule 141 of the Rules of Court;

WHEREAS, the Commission believes that to defray the costs of providing the services requested, as well as to deter the filing of dilatory motions/requests resulting in delays in the resolution of disputes brought before the CIAC, it is necessary to charge administrative fees similar to those charged by the Supreme Court/Court of Appeals under the Rules of Court;

WHEREAS, under Section 13 of E.O. No. 1008, the Construction Industry Arbitration Law, the Commission is "empowered to determine and collect fees, deposits, costs of arbitration, as well as administrative and other charges as may be necessary in the performance of its functions and responsibilities" and "to use its receipts and deposits of funds to finance its operations subject to the approval of the Philippine Domestic Construction Board (PDCB), the provision of any law to the contrary notwithstanding"; and

WHEREAS, in its determination of the fees to be imposed, the Commission sought the inputs of the Philippine Institute of Construction Arbitrators and Mediators, Inc. (PICAM), and took into account the PICAM’s recommendations on the matter as contained in PICAM Resolution No. 02-2014;NOW THEREFORE, THE COMMISSION, pursuant to the powers vested in it th by law and after due deliberation in its 166 Regular Meeting held on 9 October 2014, RESOLVES, as it is hereby RESOLVED, to impose administrative fees on the following requests/motions of parties and/or their counsels in the cases filed with the CIAC, to wit: Request/Motions Administrative Fees • Motion or prayer in the pleadings for P1,000 per relief sought interim relief • Motion for postponement (oral or written) P500 for the first motion/ request; - of the Preliminary Conference or P1,000 for each succeeding Case Management Conference motion/request - of the hearings or other case P1,000 per motion/request proceedings including site inspection • Motion for extension of time to file P500 answer/responsive pleadings • Request for certification of copies of any paper, record, document, order, or P10 per page award/decision • Request for clearance or any other P100 certification • Request relative to closed cases P1,000 per document to be within the retention period searched • All other requests/motions P200 per request/motion The above fees shall be paid to the CIAC upon filing of the request, motion, manifestation, or pleading containing the request. The fees collected shall be deposited in the CIAC trust account and shall be used to defray administrative and overhead expenses of the CIAC subject to the approval of the PDCB. This resolution shall take effect fifteen (15) days after receipt of three (3) certified copies thereof by the Office of the National Administrative Register, U.P. Law Center.

UNANIMOUSLY APPROVED.

9 October 2014, Makati City.

THE COMMISSION:

(SGD) MANUEL M. COSICO Chairman (SGD) EMILIO LOLITO J.

(SGD) ANTONIO A. ABOLA TUMBOCON Member MemberSource: Supreme Court E-Library