| CONTACT: |
| Supreme Court of the Philippines Library Services, Padre Faura, Ermita, Manila, Philippines 1000 |
| (632) 8524-2706 |
| libraryservices.sc@judiciary.gov.ph |
(NAR) VOL. 12 NO. 1 / JANUARY - MARCH 2001
[ CIAC RESOLUTION NO. 01-2001, February 13, 2001 ]
INCREASING CIAC FILING AND ADMINISTRATIVE FEES BY 20% AS MANDATED BY EXECUTIVE ORDER NO. 197
WHEREAS, Section 13 of Executive Order No. 1008 (the Construction Industry Arbitration Law) empowers the Construction Industry Arbitration Commission (CIAC) to determine and collect fees, deposits, cost of arbitration, as well as administrative and other charges as may be necessary in the performance of its functions and responsibilities;
WHEREAS, pursuant thereto, the existing schedule of filing and administrative fees was approved and adopted by the CIAC on November 8, 1988 and the same has not been revised since its adoption;
WHEREAS, Executive Order No. 197, issued on January 13, 2000 and which took effect immediately “directs all department, bureaus, commissions, agencies, offices and instrumentalities of the National Government, including government-owned and controlled corporation, to increase their rates and charges by not less than 20 percent”;
WHEREAS, the CIAC is among the government entities mandated under said law to comply therewith;
WHEREAS, the increase is timely and necessary to support CIAC’s operation;
NOW, THEREFORE, WE, THE UNDERSIGNED CIAC COMMISSIONERS, by virtue of the powers vested in us by law, do hereby RESOLVE as it hereby RESOLVED, to increase by 20% the filing and administrative fees;
RESOLVED further, to adopt the following revised schedule of fees reflecting the 20% increase mandated under E.O. No. 197:
A. Dispute Resolution by Arbitration
B. For Purely Non-Monetary Claims
C. For Conciliation/Mediation Cases
All other fees and charges not covered by this Resolution shall remain unchanged.
This revised schedule shall take effect fifteen (15) days from the filing of a copy hereof with the Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City.
Adopted: 13 February 2001
WHEREAS, pursuant thereto, the existing schedule of filing and administrative fees was approved and adopted by the CIAC on November 8, 1988 and the same has not been revised since its adoption;
WHEREAS, Executive Order No. 197, issued on January 13, 2000 and which took effect immediately “directs all department, bureaus, commissions, agencies, offices and instrumentalities of the National Government, including government-owned and controlled corporation, to increase their rates and charges by not less than 20 percent”;
WHEREAS, the CIAC is among the government entities mandated under said law to comply therewith;
WHEREAS, the increase is timely and necessary to support CIAC’s operation;
NOW, THEREFORE, WE, THE UNDERSIGNED CIAC COMMISSIONERS, by virtue of the powers vested in us by law, do hereby RESOLVE as it hereby RESOLVED, to increase by 20% the filing and administrative fees;
RESOLVED further, to adopt the following revised schedule of fees reflecting the 20% increase mandated under E.O. No. 197:
REVISED SCHEDULE OF FEES FOR FILING AND ADMINISTRATIVE CHARGES
A. Dispute Resolution by Arbitration
| SUM IN DISPUTE | FILING FEE | ADMINISTRATIVE FEE |
Less than P100,000.00 | P3,600.00 | P6,000.00 |
P100,000.00 to P1 M | P3,600.00 + 0.36% of excess over P100,000 | P6,000.00 + 0.24% of excess over P100,000 |
P1.0 M to P10.0M | P6,840.00 + 0.12 % of excess over P1.0 M | P8,160.00 + 0.12% of excess over P1.0M |
P10.0M to P50.0 M | P17,640.00 + 0.06% of excess over P10.0M | P18,960.00 + 0.06% of excess over P10.0M |
More than P50.0 M | P41,640.00 + 0.03% of excess over P50.0M | P42,960.00 + 0.03% of excess over P50.0M |
B. For Purely Non-Monetary Claims
FEES | Schedule of Payment |
FILING FEE | — P3,600.00 upon filing of the Request for Adjudication. |
— P3,600.00 plus 9.0% of the arbitrators’ fees | — P9.0% of the estimated total arbitrators’ fees upon signing of the TOR. |
— balance of the filing fee based on actual total arbitrators’ fees upon award | |
ADMINISTRATIVE FEE | — P6,000.00 upon signing of the Terms of Reference (TOR) plus 6% of estimated total arbitrators’ fees. |
— P6,000.00 plus 6% of total arbitrators’ fees | — Upon award, balance of administrative fees based on actual total arbitrators’ fees |
C. For Conciliation/Mediation Cases
Deposit | — P6,000.00 |
Administrative Fee | — P1,200.00 per meeting |
All other fees and charges not covered by this Resolution shall remain unchanged.
This revised schedule shall take effect fifteen (15) days from the filing of a copy hereof with the Office of the National Administrative Register, U.P. Law Center, Diliman, Quezon City.
UNANIMOUSLY APPROVED.
Adopted: 13 February 2001
| (SGD.) ENRIQUE P. INCIONG Chairman | |
(SGD.) SEDFREY A. ORDONEZ | (SGD.) ANTONIO A. GOCO |
Member | Member |
Approved: | |
(SGD.) MANUEL A. ROXAS II Secretary of Trade and Industry Chairman, Construction Industry Authority of the Philippines | |