Supreme Court Circulars on BP 22 Cases (Bouncing Checks)

CIRCULAR NO. 57-97

RULES AND GUIDELINES IN THE FILING AND PROSECUTION OF CRIMINAL CASES UNDER BATAS PAMBANSA BLG. 22

Any provision of law or the Rules of Court to the contrary notwithstanding, the following rules and guidelines shall henceforth be observed in the filing and prosecution of all criminal cases under Batas Pambansa Blg. 22 which penalizes the making or drawing and issuance of a check without funds or credit:

[1] The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to necessarily include the corresponding civil action, and no reservation to file such civil action separately shall be allowed or recognized. 

[2] Upon the filing of the aforesaid joint criminal and civil action, the offended party shall pay in full the filing fees based upon the amount of the check involved, which shall be considered as the actual damages claimed, in accordance with the schedule of filing fees in Section 7(a) and Section 8(a), Rule 141 of the Rules of Court, as last amended by Administrative Circular No. 11-94 effective August 1, 1994. Where the offended party further seeks to enforce against the accused civil liability by way of liquidated, moral, nominal, temperate or exemplary damages, he shall pay the corresponding filing fees therefor based on the amounts thereof as alleged either in his complaint or in the information. If not so alleged but any of these damages are subsequently awarded by the Court, the amount of such fees shall constitute a first lien on the judgment. 

[3] Where the civil action has heretofore been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with the Court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with the pertinent procedure outlined in Section 2(a) of Rule 111 governing the proceedings in the actions as thus consolidated. 

[4] This Circular shall be published in two [2] newspaper of general circulation and shall take effect on November 1, 1997. 
September 16, 1997. 


Sgd.] ANDRES R. NARVASA
Chief Justice


CIRCULAR NO. 70-97
    
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 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, Prosecution Office. Upon receipt, the Information shall be entered in a separate record book and assigned an undocketed number [UDK No.] consistent, 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