Law Summary

Introduction

This resolution, adopted by the Commission on October 9, 2014, addresses the imposition of administrative fees for various requests and motions related to cases filed with the Construction Industry Arbitration Commission (CIAC).

Purpose and Justification

• Legal Basis: The resolution is rooted in the need to recover costs incurred by the CIAC when processing requests and motions.
• Budgetary Constraints: The CIAC faces budgetary strains due to the administrative overhead associated with processing such requests.
• Deterrence of Dilatory Motions: The imposition of fees aims to discourage the filing of unnecessary motions that could delay case resolutions.

Administrative Fees Imposed

The resolution specifies fees applicable to various requests and motions as follows:

• Interim Relief:

  • Fee: P1,000 per relief sought.

• Postponements:

  • Preliminary Conference or Case Management Conference:
    • First motion/request: P500
    • Subsequent motions/requests: P1,000 each.
  • Other hearings/case proceedings, including site inspections: P1,000 per motion/request.

• Extension of Time:

  • Fee: P500 for filing an answer/responsive pleading.

• Certification Requests:

  • Copies of documents: P10 per page.
  • Clearance or other certifications: P100.

• Closed Cases:

  • Requests relative to closed cases within the retention period: P1,000 per document to be searched.

• Miscellaneous Requests:

  • All other requests/motions: P200 per request/motion.

Payment and Collection

• Payment Procedure: Fees must be paid upon filing the respective request, motion, or pleading.
• Fund Usage: Collected fees are to be deposited in the CIAC trust account and used to cover administrative and overhead expenses, subject to approval by the Philippine Domestic Construction Board (PDCB).

Effectivity

• Implementation Timeline: The resolution will take effect fifteen (15) days following the receipt of three certified copies by the Office of the National Administrative Register, U.P. Law Center.

Signatories

• The resolution is signed by the Chairman and members of the Commission, confirming unanimous approval.

Key Takeaways

• Administrative fees are now imposed for specific motions and requests filed with the CIAC to recover costs and deter delays.
• A clear structure of fees is established for various types of requests, ensuring transparency and predictability.
• Timely payment of fees is required upon the filing of requests, with the funds allocated to support CIAC's operational costs.
• The resolution signifies the CIAC's authority to manage its budget and operational expenses under existing laws, including E.O. No. 1008.