Procedural Guidelines in Collection of Filing Fees Under SC Circular No. 57-97

October 21, 1997

OCA CIRCULAR NO. 70-97

 

In the implementation of the provisions of Circular No. 57-97 dated 16 September 1997 prescribing rules and guidelines in the filing and prosecution of criminal cases under Batas Pambansa Blg. 22 ("An Act Penalizing the Making or Drawing and Issuance of a Check Without Sufficient Funds or Credit and For Other Purposes"), the following procedures shall be followed in (a) the collection of the filing fees subject of said Circular No. 57-97 and other legal fees involved; and (b) the docketing of the criminal case or cases on the violation of Batas Pambansa Blg. 22:

1. The Office of the Clerk of Court shall receive the information filed by the Office of the Chief State Prosecutor or the Provincial/City Prosecutor Office. Upon receipt, the information shall be entered in a separate record book and assigned an undocketed number (UDK No.) consisting of (a) the Investigation Slip No. ("I.S. No.") appearing on the said information for easy identification; and (b) a number, starting with No. 1 (Example: UDK No. 6789-1);

2. Thereafter, the Clerk of Court shall, by form letter (Annex "A"), notify and advise the complainant of (a) the filing of the information; and (b) the requirement as to the payment in full of the filing fees under Circular No. 57-97 based upon the computation stated therein. The State Prosecutor, the Provincial/Assistant Provincial Prosecutor or the City/Assistant City Prosecutor who filed the information and the respondent shall be furnished with copies of the accomplished form letter sent by the Clerk of Court;

3. The complainant shall have a period of ten (10) days from receipt of the letter within which to pay the filing fees. Should the complainant fail to pay the filing fees within the ten (10)-day period stated herein, the case folder shall be archived. After the lapse of two (2) months, the records may be disposed of.

4. Upon receipt of the filing fees under Circular No. 57-97, the information shall be entered in the court's general docket book and assigned the court case number. Thereafter, the Clerk of Court shall cause the inclusion of the case in the raffle of cases.

The filing fees and other legal fees shall be processed in accordance with the flowchart attached herewith as Annex "B."

5. In the event that the amount of the actual damages claimed exceeds the maximum amount of P200,000.00, the filing fees to be collected in excess of the aforementioned amount shall be in accordance with the provisions of Section 7 (a), Rule 141 of the Rules of Court.

6. This Circular shall take effect on 1 November 1997 and shall remain in force until further orders.

(SGD.) ALFREDO L. BENIPAYOCourt Administrator

ANNEX "A"

____________________

(Court)

_____________________

(Station)

 UDK No. ___________

________________________

________________________

________________________

RE: PAYMENT OF FILING FEES PURSUANT TO SUPREME COURT CIRCULAR NO. 57-97 DATED 16 SEPTEMBER 1997

Sir:/Madam:

Please be informed that the _______________ (Prosecution Office) ____________ has filed with this Court the information charging ____________ (Respondents) _____________ with the violation of the provisions of Batas Pambansa Blg. 22 and as per Circular No. 57-97 dated September 16, 1997 issued by the Supreme Court, you are hereby required to pay the following amount indicated herein, computed as follows:

	CLAIMS	FILING FEES
1.	Actual Damages _______	1.	Gen. Fund ___________________
	(Amount of Check's)
2.	Liquidated Damages ____	2.	JDF ________________________
	(if any)
3.	Moral Damages _______	3.	LRF ________________________
	(if any)
4.	Nominal Damages _____	4.	LRF ________________________
	(if any)
5.	Temperate/Exemplary ___
	Damages (if any)
TOTAL AMOUNT OF	TOTAL AMOUNT OF
CLAIMS _________________	FILING FEES _________________
(Please pay this amount)

IMPORTANT:

Your case will be archived in case of your failure to pay the filing fees within ten (10) days from receipt hereof. After two (2) months, your case will be dismissed and the corresponding documents will be disposed of.

Very truly yours,

 

ANNEX "B"

Flowchart on the Filing Fees and Other Fees