Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action
OCA Circular No. 285-2022 addresses the collection of filing fees in criminal cases involving Article 316 of the Revised Penal Code or other forms of swindling where civil liability is deemed instituted alongside the criminal action. The circular clarifies that Clerks of Court must assess and collect filing fees based on Section 21 (a), Rule 141 of the Rules of Court, contrary to prior claims that no fees were required for actual damages. It emphasizes adherence to existing guidelines for fee collection and notes that similar rules apply to other criminal cases, excluding estafa and BP 22 cases. All judges and court clerks are directed to comply with these requirements for proper processing of such cases.
Quick Answers
- What is Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action about?
- OCA Circular No. 285-2022 addresses the collection of filing fees in criminal cases involving Article 316 of the Revised Penal Code or other forms of swindling where civil liability is deemed instituted alongside the criminal action. The circular clarifies that Clerks of Court must assess and collect filing fees based on Section 21 (a), Rule 141 of the Rules of Court, contrary to prior claims that no fees were required for actual damages. It emphasizes adherence to existing guidelines for fee collection and notes that similar rules apply to other criminal cases, excluding estafa and BP 22 cases. All judges and court clerks are directed to comply with these requirements for proper processing of such cases.
- What type of law is OCA Circular No. 285-2022?
- Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action (OCA Circular No. 285-2022) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action enacted?
- Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action (OCA Circular No. 285-2022) was enacted on Oct 12, 2022.
- What is the citation for Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action?
- Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action, OCA Circular No. 285-2022, Oct 12, 2022 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 285-2022
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 12, 2022
OCA CIRCULAR NO. 285-2022
| TO | : | All Judges, Clerks of Court/Acting Clerks of Court, Branch Clerks of Court/Acting Branch Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action |
It has come to the attention of this Office that there are several Clerks of Court/Accountable Officers who failed to collect the appropriate filing fees in cases involving Article 316 of the Revised Penal Code or Other Forms of Swindling, where the recovery of civil liability is deemed instituted with the criminal action. Upon inquiry, they claimed that their basis for the non-collection of fees in said case is Section 1, Rule 111 of the Rules of Court, the pertinent portion thereof reads:
SECTION 1. Institution of criminal and civil actions. —
xxx xxx xxx
Except as otherwise provided in these Rules, no filing fees shall be required for actual damages. (emphasis supplied)
In accordance with Isabel G. Ramones vs. Spouses Teodorico Guimoc, Jr. and Elenita Guimoc, 1 however, the filing fees for Article 316, supra, in case the recovery of civil liability is deemed instituted with the criminal action, SHALL BE ASSESSED based on Section 21 (a), Rule 141 of the Rules of Court, as amended, including actual damages sought. The guidelines in the collection of fees are provided in OCA Circular No. 21-2003 dated 3 February 2003.
In this view, all concerned are hereby DIRECTED to COLLECT filing fees in criminal cases on Article 316 or other forms of swindling, where recovery of civil liability is deemed instituted, based on Section 21 (a), Rule 141 of the Rules of Court, as amended, including actual damages sought.
The assessment of filing fees in other criminal cases where recovery of civil liability is deemed instituted, except estafa and BP 22 cases, is provided under OCA Circular No. 54-2018 dated 21 March 2018.
For your information and guidance.
(SGD.) JENNY LIND R. ALDECOA-DELORINODeputy Court Administrator
Footnotes
1. G.R. No. 226645 dated 13 August 2018.
Cite This Law
Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action, OCA Circular No. 285-2022, Oct 12, 2022 (Philippines)
Payment of Filing Fees Involving Article 316 of the Revised Penal Code or Other Forms of Swindling in Cases When the Recovery of Civil Liability is Deemed Instituted with the Criminal Action, OCA Circular No. 285-2022 (Phil. 2022)
Related Laws
- Collection of Filing Fees in Civil Actions Instituted with the Criminal ActionsOCA Circular No. 54-2018 • Mar 21, 2018 • Supreme Court Issuances
- Revised Rule on Summary Procedure<--!10151991-->Resolution of the Court En Banc 1991 • Oct 15, 1991 • Supreme Court Issuances
- Revised Rules of Criminal Procedure<--!10032000-->A.M. No. 00-5-03-SC • Oct 3, 2000 • Supreme Court Issuances
- Revised Guidelines for Continuous Trial of Criminal Cases<--!04252017-->A.M. No. 15-06-10-SC (Resolution) • Apr 25, 2017 • Supreme Court Issuances
- Increasing the Penalty for Certain Forms of Swindling or EstafaPresidential Decree No. 1689 • Apr 6, 1980 • Presidential Issuances
- Authorizing the Arrest and Detention of Any Person Involved in Crimes of Swindling and Other Deceits Punishable under Articles 315 and 316 of the Revised Penal CodeGeneral Order No. 29 • Apr 13, 1973 • Presidential Issuances
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