MEMORANDUM CIRCULAR NO. 115 - AUTHORIZING ALL DEPARTMENTS, BUREAUS, OFFICES, AND AGENCIES TO INCREASE BY NOT MORE THAN TEN PERCENT (10%) THEIR FEES AND CHARGES FOR SERVICES REQUIRED BY LAW TO BE RENDERED FOR A FEE, SUBJECT TO CERTAIN EXCEPTIONS

Whereas, Batas Pambansa Blg. 325 authorizes all heads of departments, offices, agencies and commissions of the National Government to revise, conformably with rules and regulations of the Department of Finance, their fees and charges;

Whereas, pursuant to Sec. 54, Chapter 12, Book IV of Executive Order No. 292 (Administrative Code of 1987), the heads of bureaus, offices, or agencies, may, upon approval of the department head, charge and collect the cost of the services rendered by the bureau, office or agency in excess of cost prescribed by law or approved by the same authority; 

Whereas, it is only proper that the persons receiving the services for which the fees and charges are imposed should be made to share the burden of the expenses incurred by the government particularly of those agencies that last revised their fees and charges more than two (2) years ago;

Whereas, the Secretary of Finance has recommended the revision of the rates of such fees and charges collected by the departments, bureaus, offices and agencies subject to certain exceptions; 

IN VIEW THEREOF, all departments, bureaus, offices and agencies are hereby authorized to increase the rates of their fees and charges for services required by law to be rendered for a fee, by not more than Ten Percent (10%); Provided, That this Memorandum Circular shall not apply to (a) those departments, bureaus, offices and agencies that have increased their fees and charges during the last two (2) preceding years; (b) government-owned or controlled corporations and local governments; (c) those fees and charges covered by international agreements; and (d) those imposed by state universities and colleges, government hospitals, medical centers and clinics.

The rates of fees and charges revised under this Memorandum Circular shall be published once a week for two consecutive weeks in two newspapers of general circulation in the Philippines and shall become effective fifteen days after the last publication. 

The heads of the departments shall be responsible for the implementation of this Memorandum Circular in the bureaus, offices and agencies within their respective administrative jurisdiction taking into consideration the standards that (a) the fees and charges be revised at just and reasonable rates sufficient to cover administrative cost and (b) whenever practicable, be uniform for similar or comparable services and functions.

The Department of Finance shall monitor compliance with this Memorandum Circular and submit a report thereon to the Office of the President.

This Memorandum Circular shall not apply to the fees and charges collected by the courts and constitutional bodies. 

Done in the City of Manila, this 24th day of April in the year of Our Lord, nineteen hundred and ninety.

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Since 19.07.98.