CIRCULAR NO. 70-97 October 21, 1997




CIRCULAR NO. 70-97 October 21, 1997 TO: ALL JUDGES AND CLERKS OF COURT OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, SHARIA CIRCUIT COURTS, THE MEMBERS OF THE NATIONAL PROSECUTION SERVICE AND THE MEMBERS OF THE NATIONAL PROSECUTION SERVICE AND THE MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES SUBJECT: PROCEDURAL GUIDELINES IN THE COLLECTION OF THE FILING FEES SUBJECT OF SUPREME COURT CIRCULAR NO. 57-97 DATED 16 SEPTEMBER 1997 AND OTHER LEGAL FEES INVOLVED; AND THE DOCKETING OF THE CRIMINAL CASE/S ON THE VIOLATION OF BATAS PAMBANSA BLG. 22 In 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 of 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. 21 October 1997 (Sgd.) ALFREDO L. BENIPAYO Court Administrator The Lawphil Project - Arellano Law Foundation