Docket Fees in Estafa Cases

February 3, 2003

OCA CIRCULAR NO. 21-03

 

Sec. 20 (a) of Rule 141 of the Revised Rules of Court provides for the collection of appropriate docket fees in estafa cases, thus:

SEC. 20. Other fees. — The following fees shall be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:

(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:

1.	Less than P100,000.00	P500.00
2.	P100,000.00 or more but
	less than P150,000.00	800.00
3.	P150,000.00 or more but
	less than P200,000.00	1,000.00
4.	P200,000.00 or more but
	less than P250,000.00	1,500.00
5.	P250,000.00 or more but
	less than P300,000.00	1,750.00
6.	P300,000.00 or more but
	less than P350,000.00	2,000.00
7.	P350,000.00 or more but
	not more than P400,000.00	2,250.00
8.	For each P1,000.00 in
	excess of P400,000.00	10.00

To enable the Clerk of Court to collect the above-mentioned fees, the following guidelines shall be observed, thus:

1. In multiple sala stations, the Branch Clerk of Court must inform the Clerk of Court within fifteen (15) days from receipt of the records of the case whether or not the civil aspect of the estafa case has been instituted in the criminal case.

2. The Clerk of Court must send a notice, together with the assessment of the fees to be paid, to the private complainant/s within five (5) days from receipt of the information from the Branch Clerk of Court of the institution of the civil aspect in the criminal case, requiring the private complainant/s to pay the appropriate docket fees within three (3) days from receipt of notice.

3. The Clerk of Court must immediately inform the Branch Clerk of Court of the fact of payment or non-payment, as the case may be, of the appropriate docket fees.

4. Should the private complainant/s fail to pay the appropriate docket fees within the given period, the matter must be submitted to the court concerned for its consideration and appropriate action.

5. In single sala stations, the Clerk of Court must immediately collect the appropriate docket fees upon submission of the manifestation by the private complainant/s of the institution of the civil aspect of the estafa case in the criminal case.

For strict compliance. HTCaAD

February 3, 2003.

 

(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator