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(NAR) VOL. 25 NO. 3 / JULY - SEPTEMBER 2014

[ PHILRACOM RESOLUTION NO. 24-14, S. 2014, July 23, 2014 ]

COLLECTION OF “LEGAL RESEARCH FUND” FEE



Adopted: 23 July 2014
Date Filed: 24 July 2014

WHEREAS, the University of the Philippines Law Center (UP Law Center) was created by Republic Act No. 3870 for purposes of, among others, of legal research, law reform, and continuing legal education. Presidential Decrees 200 and 1856 later amended R.A. 3870;

WHEREAS, to provide financial support to the legal mandate of the UP Law Center, Section 4 of RA 3870, as amended, provides the following:

Section 4. In order to provide for the support of the UP Law Center and the University of the Philippines Law Complex, the additional amount of one percent (1%) of the filing fee imposed, but in no case lower than Twenty Pesos, in the case of the appellate courts and the additional amount of one percent(1%) of the filing fee imposed, but in no case lower than ten(10) pesos in the case of all other courts, including all administrative or special courts, as well as agencies or tribunals exercising quasi-judicial functions and those enumerated in Letter of Instruction No. 1182 issued on December 16,1981, shall be collected by their respective clerks of court, or equivalent functionary, for each action or special proceeding filed therewith and for which the fees prescribed in the Rules of Court or in any statute or regulation are due and payable. For this purpose, “special proceeding” shall include any petition or application, paper or document seeking official action to establish a status, a right, privilege or particular fact or command the performance of a duty. Such additional amounts shall be receipted for as part of a special fund to be known as the “Legal Research Fund”, and shall, upon collection be immediately remitted to the University of the Philippines and deposited in a separate account in any authorized government depository bank in the name of the National Treasurer as Ex-Officio Treasurer of the UP under this charter.

WHEREAS, in a letter dated March 10, 2014, the attention of the Philippine Racing Commission (PHILRACOM) was called by Danilo L. Concepcion, Dean of the University of the Philippines College of Law, to the above provision and enjoins PHILRACOM to collect the fee known as “Legal Research Fund” (LRF) because it is a government agency that acts on application for the establishment of a right or privilege as it processes and issues clearances, certificates, licenses and permits, among others;

WHEREAS, PHILRACOM as a regulatory agency is mandated by RA 3870, as amended, to collect the Legal Research Fund (LRF);

NOW THEREFORE, pursuant to Section 4 of Republic Act No. 3870, it is hereby resolved and directed:

  1. A fee (LRF) in amount equivalent to one percent (1%) of the fee imposed but in no case lower than ten (10) pesos shall be collected on every registration and licensing fees; club permit fee, appeal fee, reconsideration after appeal and reconsideration without appeal imposed by PHILRACOM under PR48 of the Rules and Regulations on Horse Racing;

  2. The fee (LRF) shall be on top of, and separate from whatever fee is payable to PHILRACOM under its schedule of fees in PR 48 of the Rules and Regulations on Horse Racing, the former being due under RA 3870. The fee (LRF) shall be clearly written and entered on the Official Receipt as a separate item payable;

  3. Pursuant to Treasury Circular No. 2-2008 dated July 14, 2008, the PHILRACOM Cashier shall collect the fee (LRF) and shall deposit it with the Bureau of Treasury for the account of the UP System (UPS Agency Code A0823) Fund Code “187”. The PHILRACOM Cashier shall furnish the UP Law Center a copy of its report of Collections and Remittances on a monthly basis.

  4. This Resolution shall take effect August 15, 2014

APPROVED AND SIGNED by the undersigned Chairman and Commissioners of the Philippine Racing Commission, this 23rd of July 2014 at Makati City Philippines.

APPROVED BY:

(SGD) HON. ANGEL LOPEZ CASTAÑO, JR.
Chairman

   
(SGD) HON. REYNALDO G. FERNANDO
Commissioner
(SGD) HON. LYNDON NOEL B. GUCE
Commissioner


(SGD) HON. EDUARDO B. JOSE
Commissioner
(SGD) HON. VICTOR V. TANTOCO
Commissioner


(SGD) HON. JESUS B. CANTOS
Commissioner
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