CIRCULAR
NO. 57-97
TO: COURT OF
APPEALS, SANDIGANBAYAN, REGIONAL TRIAL COURTS, METROPOLITAN TRIAL
COURTS,
MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, ALL MEMBERS OF
THE GOVERNMENT PROSECUTION SERVICE AND ALL MEMBERS OF THE INTEGRATED
BAR
OF THE PHILIPPINES
SUBJECT: 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:chanroblesvirtuallawlibrary
[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. NARVASAChief
Justice
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