Filing of criminal cases shouldn’t come with a fee – House leader

Deputy Speaker and Cebu Rep. Pablo John Garcia wants to prohibit the imposition and collection of any fee for the filing of a complaint in any criminal proceeding before any court, tribunal or quasi-judicial body.

He said the government should ensure free access to courts and quasi-judicial bodies, especially in the prosecution of criminal offenses and should encourage private offended parties to report the commission of offences and not unduly burn them in pursuit of justice.

“Free access to courts and quasijudicial bodies is guaranteed by the Bill of Rights (Article III, Section 11, of the Constitution). Despite this state policy, the prosecutorial arm of the Department of Justice has, for years, required the payment of fees for the filing of criminal complaints for certain classes of crimes,” he said.

“In criminal cases, it is not much the interest of the private offended party that is asserted, but the higher State interest in ensuring that offenses committed within its territorial jurisdiction are prosecuted and punished that justice may be served, and more importantly, that order is restored and maintained,” he explained.

Garcia filed House Bill No. 3875, which provides that it shall be unlawful to impose, exact, require or collect any fee for the filing of a complaint in any criminal proceeding before any court, tribunal or quasijudicial body.

“To require the payment of fees for the filing of criminal complaints before the prosecutorial arm of the justice system, therefore, does not only violate the constitutional guarantee of free access to courts and quasi-judicial bodies, but punishes rather than rewards the reporting and prosecution of crimes,” Garcia pointed out.

“In order to ensure free access as guaranteed by the Constitution, and to encourage the reporting and prosecution of crimes, the imposition and collection of fees for the filing of criminal complaints should, therefore, be prohibited,” the House leader said.

Erring official or employee of any court, tribunal or quasi-judicial body found guilty of imposing, exacting, requiring, or collecting any fee for the filing of a complaint in a criminal proceeding shall face a penalty of six years and one day imprisonment, the bill provides.

Under HB 3875, all laws, rules and regulations not consistent with the proposed Act are repealed accordingly.