INDIGENT clients of the Public Attorney’s Office (PAO) won’t be exempted from paying the sheriff’s expenses in going to court.
The Supreme Court (SC) en banc recently affirmed the decision of the Office of the Court Administrator (OCA) not to exempt PAO’s clients from depositing at least P1,000 as payment to defray the actual travel expenses of sheriffs.
The payment also covers process servers and other court-authorized persons in delivering summons and subpoenas of cases.
The decision doesn’t exempt the families of the victims of the 2008 sinking of the MV Princess of the Stars.
PAO official Maria G-ree Calinawan said the non-payment of sheriff’s expenses may be used as ground for the dismissal of the cases against the ship owner Philippine Span Asia Carrier Corp., formerly known as Sulpicio Lines Inc.
“If one fails to pay the sheriff’s expenses in court, it’s as if the case is not filed at all,” Calinawan said in an interview yesterday.
She said they have yet to receive an official copy of the SC ruling on the issue.
At least 59 cases against the former Sulpicio Lines Inc. in connection with the sinking of the MV Princess of the Stars are pending before Regional Trial Court Judge Soliver Peras of Branch 10. Calinawan said the trial is scheduled next month.
To ease the burden on indigents, the High Court authorized PAO to serve the summons, subpoenas and other court processes in behalf of their clients.
In 2011, PAO chief Persida Acosta sought clarification from the OCA on the exemption of their clients from the payment of sheriff’s expenses.
Acosta said the sheriff’s expenses should not be exacted from PAO’s clients since the law specifically exempts them from the payment of docket and other fees incidental to court cases.
But the Office of the Court Administrator said the sheriff’s expenses are not considered legal fees since they are not payable to the government./Reporter Ador Vincent Mayol