"x x x.
DEPARTMENT CIRCULAR NO. 025
TO: All Concerned
SUBJECT: Collection of Legal Fees Pursuant to R.A. No. 9279 and its IRR
SUBJECT: Collection of Legal Fees Pursuant to R.A. No. 9279 and its IRR
WHEREAS, Republic Act (R.A.) No. 9279 and its Implementing Rules and Regulations (IRR) allowed members of the National Prosecution Service in the Department of Justice to receive additional compensation in the form of special allowances sourced from any increase in fees and new fees actually collected bv the National Prosecution Service after May 16, 2004, the effectivity of R.A. No. 9279;
WHEREAS, the Department of Justice issued several circulars to implement the pro\isions of R.A. No. 9279 and its IRR, to wit:
a. Department Circular (D.C.) No. 42 dated September 14, 2004 (Collection of Legal Fees by the National Prosecution Service);
b. D.C. No. 63 dated November 16, 2004 (Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations);
c. D.C. No. 59 dated November 3, 2004 (Amendment of Department Circular No. 70, Series of 2000, Otherwise know as the 2000 NPS Rule on Appeal); and
d. D.C. No. 59 dated July 4, 2007 (Duties and Responsibilities of Regional/City/Provincial Prosecutors in the Implementation of Republic Act No. 9279);
b. D.C. No. 63 dated November 16, 2004 (Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations);
c. D.C. No. 59 dated November 3, 2004 (Amendment of Department Circular No. 70, Series of 2000, Otherwise know as the 2000 NPS Rule on Appeal); and
d. D.C. No. 59 dated July 4, 2007 (Duties and Responsibilities of Regional/City/Provincial Prosecutors in the Implementation of Republic Act No. 9279);
WHEREAS, Section 20 of R.A. No. 10071 (Strengthening and Rationalizing the National Prosecution Service) provides that. "the special allowances granted to the, members of the National Prosecution Service under Republic Act No. 9279 shall continue to be given to them subject to the provisions hereof:. Provided, however, that the amount not supported by the funding source specified in Section 3 thereof to complete the equivalent of hundred percent (100%) of the basic salary shall he paid through appropriations included in the budget of the DOJ: Provided, further, That when the amount being supported by the said funding source shall have been also included in the General Appropriations, the fees authorized under said Section 3 shall no longer be collected;"
WHEREAS, it appearing that 100% of the basic salary of prosecutors under R.A. No. 6758 otherwise known as the Salary Standardization Law, as amended, has already been reached, Section 20 of R.A. No. 10071 mandates that the fees authorized to be collected under R.A. No. 9279 shall no longer be collected;
In view of the foregoing, it is hereby DIRECTED that:
1. Department Circular No. 42 and related circulars, supra, are hereby REVOKED effective immediately;
2. All assessment clerks and collection officers under the National Prosecution Service shall forthwth CEASE AND DESIST from assessing and collecting legal fees stated in the above-mentioned circulars.
1. Department Circular No. 42 and related circulars, supra, are hereby REVOKED effective immediately;
2. All assessment clerks and collection officers under the National Prosecution Service shall forthwth CEASE AND DESIST from assessing and collecting legal fees stated in the above-mentioned circulars.
This Circular takes effect immediately and remains in force until further orders.
(signed)
LEILA M. DE LIMA
Secretary
LEILA M. DE LIMA
Secretary
x x x."
