Title
Clarification on Legal Research Fund Fee
Law
Lto Memorandum
Decision Date
Sep 30, 1992
The LTO Memorandum, dated September 30, 1992, mandates the collection of a Ten Pesos (P10.00) Legal Research Fund Fee for various motor vehicle transactions, amending the previous fee of Two Pesos (P2.00) while clarifying that the circular serves to announce this increase rather than amend existing law.
A

Legal basis and related issuances

  • The memorandum directs amendments pursuant to Section 4d(1) of Republic Act No. 4136, as amended, in relation to Presidential Decree No. 200 and Batas Pambansa Bilang 395.
  • It amends the pertinent provisions of Circular No. 46 dated August 16, 1973.
  • It treats LTC Circular No. 85-007 as an administrative issuance prescribing rules and procedures under Section 50(1) of the Administrative Code of 1987.

Purpose and governing rule

  • The memorandum directs the collection of a Legal Research Fund Fee of Ten Pesos (PHP 10.00) from specified LTO transactions.
  • The memorandum states that the directed fee applies to transactions affecting motor vehicle matters and related franchise transactions connected to the LTO’s functions.
  • The memorandum instructs that the collection should be observed “without prejudice” to collection from both quasi-judicial and purely administrative functions.

Who must pay and what transactions

  • The PHP 10.00 Legal Research Fund Fee applies to application for registration of motor vehicles, both new and renewal.
  • The PHP 10.00 fee applies to application for conduction permit of motor vehicles.
  • The PHP 10.00 fee applies to application for storage or return of motor vehicle plates.
  • The PHP 10.00 fee applies to change of status of motor vehicles from private to for-hire, and vice-versa.
  • The PHP 10.00 fee applies to application for change of passenger capacity.
  • The PHP 10.00 fee applies to application for the registration of rebuilt motor vehicles.
  • The PHP 10.00 fee applies to application for the change of ownership by any of the modes recognized by law.
  • The PHP 10.00 fee applies to application for the operation of driving schools.
  • The PHP 10.00 fee applies to all other transactions of the Commission connected with its quasi-judicial functions.

Amount and fee increase

  • The memorandum directs collection of Ten Pesos (PHP 10.00) from each covered transaction listed.
  • The collection is implemented as an increase of the Legal Research Fund Fee from P2.00 to P10.00.

Effect of the issuance and administrative nature

  • The memorandum clarifies that a circular is an administrative issuance under Section 50(1) of the Administrative Code of 1987.
  • The issuance treats the circular as a measure designed to supplement provisions of law and provide a means for carrying them out.
  • The memorandum characterizes Circular No. 85-007 as announcing for observance the increase of the Legal Research Fund Fee, rather than creating an amendatory-law effect.

Official adoption and endorsements

  • The memorandum states an adopted date of 30 Sept. 1992.
  • The memorandum bears a signature of HERMOGENES C. FERNANDEZ identifying Chief, Intelligence and Investigation Division.
  • The memorandum contains a recommending approval by JUAN A. AGARRO, JR. as Executive Director.
  • The memorandum also contains a recommending approval by JUAN V. BORRA, JR. as Assistant Secretary.

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