[ CIAC RESOLUTION NO. 13-2012, December 12, 2012 ]

AUTHORIZING THE COLLECTION OF THE LEGAL RESEARCH FUND (LRF) FEE PURSUANT TO REPUBLIC ACT NO. 3870, AS AMENDED



WHEREAS, Section 4 of Executive Order No. 1008 or the Contruction Industry Arbitration Law, vests the Construction Industry Arbitration Commission (CIAC) with original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines;

WHEREAS, Section 13 of the law empowers the CIAC to, among others, 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;

WHEREAS, pursuant to the above provisions, the CIAC prescribed a table of arbitration fees imposing, among others, the following filing fees;

Sum in Dispute
(M = Million)
 
Monetary Claims
Non-Monetary Claims
     
Less than P100,000.00 P3,600.00  
P100,000.00 to 1.0M P3,600.00 + 0.36% of excess over P100,00  
>P1.0M to 10.0M P6,840.00 + 01.12% of excess over P1.0M P3,600.00 + 9% of the Arbitrator ™s fees
>10.0 M to 50.0 M P17,640 +0.06 % of excess over P10.0M  
>P50.0M P41,640.00 + 0.03% of excess over P50.0M  


WHEREAS, in a letter dated 19 November 2012 from the Dean of the College of Law, University of the Philippines, the Commission was informed that as a government agency exercising quasi-judicial functions, the CIAC is required, under Section 4 of Republic Act No. 3870 as amended by Presidential Decree Nos. 200 and 1856, to collect a Legal Research Fund (LRF) fee of 1% of the filing fee imposed by it, but in no case lower than P10, which shall be deposited with the Bureau of Treasury for the account of the UP System (UPS Agency Code AO 823), Fund Code œ187  pursuant to Treasury Circular No. 2-2008; and

WHEREAS, said additional amount shall, in accordance with law, be for the exclusive use of the UP Law Center;

NOW, THEREFORE, THE COMMISSION, after due deliberations during its 149th Regular Meeting and in accordance with RA 3870 as amended, RESOLVES, as it is hereby RESOLVED, to authorize the collection of the Legal Research Fund (LRF) fee of 1% of the filing fee imposed on arbitration cases filed with the CIAC, but in no case lower than P10.

This resolution shall take effect fifteen (15) days from receipt of certified true copies thereof by the Office of the National Administrative Register, University of the Philippines Law Center.

UNANIMOUSLY APPROVED.


THE COMMISSION:

(SGD.) MANUEL M. COSICO
Chairman

(SGD.) ANTONIO A. ABOLA
Member

(SGD.) EMILIO LOLITO J. TUMBOCON
Member