OCA Circular No. 21-03 outlines the collection of docket fees in estafa cases according to Rule 141 of the Revised Rules of Court in the Philippines. It specifies the fee amounts based on the civil liability involved, ranging from P500 for amounts less than P100,000 to P2,250 for amounts up to P400,000, with an additional P10 for each P1,000 over that limit. Clerks of Court are instructed to notify private complainants of the required fees and enforce payment within specified timeframes. Failure to pay will result in the matter being referred to the court for further action. Compliance with these guidelines is mandatory.
February 3, 2003
OCA CIRCULAR NO. 21-03
| TO | : | All Clerks of Court and Branch Clerks of Court |
| SUBJECT | : | Docket Fees in Estafa Cases |
Sec. 20 (a) of Rule 141 of the Revised Rules of Court provides for the collection of appropriate docket fees in estafa cases, thus:
SEC. 20. Other fees. — The following fees shall be collected by the clerks of Regional Trial Courts or courts of the first level, as the case may be:
(a) In estafa cases where the offended party fails to manifest within fifteen (15) days following the filing of the information that the civil liability arising from the crime has been or would be separately prosecuted:
| 1. | Less than P100,000.00 |
P500.00
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| 2. | P100,000.00 or more but |
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| less than P150,000.00 |
800.00
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| 3. | P150,000.00 or more but |
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| less than P200,000.00 |
1,000.00
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| 4. | P200,000.00 or more but |
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| less than P250,000.00 |
1,500.00
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| 5. | P250,000.00 or more but |
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| less than P300,000.00 |
1,750.00
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| 6. | P300,000.00 or more but |
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| less than P350,000.00 |
2,000.00
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| 7. | P350,000.00 or more but |
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| not more than P400,000.00 |
2,250.00
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| 8. | For each P1,000.00 in |
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| excess of P400,000.00 |
10.00
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To enable the Clerk of Court to collect the above-mentioned fees, the following guidelines shall be observed, thus:
1. In multiple sala stations, the Branch Clerk of Court must inform the Clerk of Court within fifteen (15) days from receipt of the records of the case whether or not the civil aspect of the estafa case has been instituted in the criminal case.
2. The Clerk of Court must send a notice, together with the assessment of the fees to be paid, to the private complainant/s within five (5) days from receipt of the information from the Branch Clerk of Court of the institution of the civil aspect in the criminal case, requiring the private complainant/s to pay the appropriate docket fees within three (3) days from receipt of notice.
3. The Clerk of Court must immediately inform the Branch Clerk of Court of the fact of payment or non-payment, as the case may be, of the appropriate docket fees.
4. Should the private complainant/s fail to pay the appropriate docket fees within the given period, the matter must be submitted to the court concerned for its consideration and appropriate action.
5. In single sala stations, the Clerk of Court must immediately collect the appropriate docket fees upon submission of the manifestation by the private complainant/s of the institution of the civil aspect of the estafa case in the criminal case.
For strict compliance. HTCaAD
February 3, 2003.
(SGD.) PRESBITERO J. VELASCO, JR.Court Administrator