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.