~blit of t1ttJililippinu ,upmne GIIlUrt (J!)ffict of Il}t GIourt }\~milti8trlltor JLnila CIRCULAR NO. 70-97 TO: ALL JUDGES AND CLERKS OF COURT OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARIA CIRCUIT COURTS, 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 BIG. 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 BIg. 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 BIg. 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 Prosecuton 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. (ilLS.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 (l0) 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 (l Oi-day period stated herein, the case folder shall be archived. After the lapse of two (2) months, the records may be disposed of.
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~blit of t1ttJililippinu,upmne GIIlUrt
(J!)ffict of Il}t GIourt }\~milti8trlltorJLnila
CIRCULAR NO. 70-97
TO: ALL JUDGES AND CLERKS OF COURT OF THEMETROPOLITAN TRIAL COURTS, MUNICIPAL TRIALCOURTS IN CITIES, MUNICIPAL TRIAL COURTS,MUNICIPAL CIRCUIT TRIAL COURTS, SHARIA CIRCUITCOURTS, THE MEMBERS OF THE NATIONALPROSECUTION SERVICE AND THE MEMBERS OF THEINTEGRATED BAR OF THE PHILIPPINES
SUBJECT: PROCEDURAL GUIDELINES IN THE COLLECTION OF THEFILING FEES SUBJECT OF SUPREME COURT CIRCULARNO. 57-97 DATED 16 SEPTEMBER 1997 AND OTHER LEGALFEES INVOLVED; AND THE DOCKETING OF THECRIMINAL CASE/S ON THE VIOLATION OF BATASPAMBANSA BIG. 22
In implementation of the provisions of Circular No. 57-97 dated 16 September1997 prescribing rules and guidelines in the filing and prosecution of criminal casesunder Batas Pambansa BIg. 22 ("An Act Penalizing the Making or Drawing andIssuance of a Check Without Sufficient Funds or Credit and For Other Purposes "), thefollowing procedures shall be followed in (a) the collection of the filing fees subjectof said Circular No. 57-97 and other legal fees involved; and (b) the docketing of thecriminal case or cases on the violation of Batas Pambansa BIg. 22:
1. The Office of the Clerk of Court shall receive the information filed by theOffice of the Chief State Prosecutor or the Provincial/City Prosecuton Office.Upon receipt, the information shall be entered in a separate record book andassigned an undocketed number (UDK No.) consisting of (a) the InvestigationSlip No. (ilLS.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 andadvise the complainant of (a) the filing of the information; and (b) therequirement as to the payment in full of the filing fees under Circular No. 57-97 based upon the computation stated therein. The State Prosecutor, theProvincial/Assistant Provincial Prosecutor or the City/Assistant CityProsecutor who filed the information and the respondent shall be furnishedwith copies of the accomplished form letter sent by the Clerk of Court;
3. The complainant shall have a period of ten (l0) days from receipt of the letterwithin which to pay the filing fees. Should the complainant fail to pay thefiling fees within the ten (l Oi-day period stated herein, the case folder shall bearchived. After the lapse of two (2) months, the records may be disposed of.
- 2 -
4. Upon receipt of the filing fees under Circular No. 57-97, the information shallbe entered in the court's general docket book and assigned the court casenumber. Thereafter, the Clerk of Court shall cause the inclusion of the casein the raffle of cases.
The filing fees and other legal fees shall be processed in accordance withthe flowchart attached herewith as Annex "B."
5. In the event that the amount of the actual damages claimed exceeds themaximum amount of ~200,OOO.OO, the filing fees to be collected in excess ofthe aforementioned amount shall be in accordance with the provisions ofSection 7 (a), Rule 141 of the Rules of Court.
6. This Circular shall take effect on 1 November 1997 and shall remain in forceuntil further orders.
21 October 1997
ALFREDO L. BENIPAYOCourt Administrator
Encl.: Annexes "A" and "B"
ANNEX "A"
(Court)
,(Station)
UDK No. -----
RE: PAYMENT OF FILING FEES PURSUANT TOSUPREME COURT CIRCULAR NO. 57-97DATED 16 SEPTEMBER 1997
irIMadam:
Please be informed that the _--1PsnsecutionDfficcel . has filed with this Court theormation charging _ __1RespondentLsL. with the violation of the provisions of Batasmbansa Big. 22 and as per Circular No. 57-97 dated September 16, 1997 issued by the Supremeourt, you are hereby required to pay the following amount indicated herein, computed as follows:
CLAIMS FILING FEES
. Actual Damages _(Amount of Check/s)
. Liquidated Damages _i (if any),,~.Moral Damages ~ --,----,-_
(if any)
~.Nominal Damages ~ _(if any)
~.Temperate/Exemplary _Damages (if any)
TOTALAMOUNT OFCLAIMS
1. Gen. Fund --------------
2. lDF _
3. LRF -----------------------
4. LRF ---------------------
TOTAL AMOUNT OFFILING FEES _
(Please pay this amount)
KPORTANT:Your case will be archived in case of your failure to pay rhe filing fees within ten (10) 'days from
ceipt hereof. After two (2) months, your case will be dismissed and the corresponding documentsrillbe disposed of.
Very truly yours,
rANNEX "B"
I FLOWCHART ON THE FILING FEES AND OTHER FEES I
FEESTO BECOLLECTED
ISSUESO.R.
FOR THE
RECORDSTRANSACTION
IN THE
REMITSCOLLECTION
TO THE
SUBMITSMONTHLY
REPORT TO THE
COLLECTIONSSHALL ACCRUE
TO THE
FILING FEES
CLERK OF CLERK OF OFFICE OF THE COURT
~ COURT ~ COURT ~ LBP -. ADMINISTRATOR -. NATIONALGENERAL FUND GENERAL FUND SUPREME COURT GOVERNMENT
CASHBOOK
JUDICIARY JDI LBP/SC OFFICE OF THE COURT SCJDF,DEVELOPMENT CASHBOOK CASHIER
~ADMINISTRATOR f----. SPECIALL--. FUND 4 ~ (PMO) SUPREME COURT ACCOUNT
LEGAL FEESLEGAL
~ RESEARCH -. LRF ~ U.P. U.P. -. U.P.~FUND· CASHBOOK LAWCENTER LAWCENTER LAWCENTER
BOARD OFCLAIMSFEES
VICTIM'S VCF LBP BOARD OF CLAIMS DOJ SPECIAL.. COMPENSATION -. CASHBOOK ~ (c/a DOJ) -. ~ FUND ACCT.•.. •..FUND (VCF) DEPARTMENT OF
JUSTICE
._ c _____ ._. __ ~_
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