Court and Sheriff's Fees

Since the payment of legal fees is a vital component of the rules promulgated by the Supreme Court concerning pleading, practice and procedure, it cannot be validly annulled, changed or modified by Congress. As one of the safeguards of the Supreme Court's constitutional independence, the power to promulgate rules of pleading, practice and procedure is now the Supreme Court's exclusive domain. That power is no longer shared by the Supreme Court with Congress, much less with the Executive. The separation of powers among the three co-equal branches of our government has erected an impregnable wall that keeps the power to promulgate rules of pleading, practice and procedure within the sole province of the Supreme Court. Fiscal autonomy recognizes the power and authority of the Supreme Court to levy, assess and collect fees, including legal fees, such as the Judiciary Development Fund (JDF) and Special Allowance for the Judiciary Fund (SAJF). These funds guarantee the independence of the Judiciary as mandated by the Constitution and public policy. Any exemption from the payment of legal fees granted by the Congress to government-owned or controlled corporations and local government units will necessarily reduce JDF and SAJF. Such a situation is constitutionally infirm for it impairs the Supreme Court's guaranteed fiscal autonomy and erodes its independence (A.M. No. 12-2-03-0, March 13 2012. En Banc).