Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

3875

House Bill No.

Introduced by Representative Pablo John F. Garcia

EXPLANATORY NOTE

Free access to courts and quasi-judicial bodies is guaranteed by the Bill or Rights
(Article III, Section 11, 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.

In criminal cases, it is not so 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.

In fact, it may be said that where a criminal offense is committed, it is not only the
right—but the duty—of the private offended party to report and prosecute it, and by
doing so she is doing the State a service of the highest order.

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.

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

The early passage of this bill is eamestly sought.

PABLO JO! ‘GARCIA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGHTEENTH CONGRESS
First Regular Session

House Bill No.

Introduced by Representative Pablo John F. Garcia

AN ACT
PROHIBITING 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

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

Section 1. It is the policy of the State to ensure free access to courts and quasi-
judicial bodies especially in the prosecution of criminal offenses, where it is the State's
primary interest to ensure that crimes and offenses are not committed and where
committed, that they are prosecuted and the offenders punished. It is also the policy of
the State to encourage private offended parties to report the commission of offenses
and not unduly burden them in their pursuit of justice.

Section 2. Any law, decree, rule or regulation to the contrary notwithstanding, 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 quasi-judicial body.

Section 3. The penalty of six (6) years and one (1) day imprisonment shall be
imposed upon any 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
acriminal proceeding, or otherwise found guilty of violating this Act.

Section 4. All laws, rules and regulations not consistent with this Act are hereby
repealed accordingly.

Section 5. This Act shall take effect fifteen (15) days after the completion of its
publication in the Official Gazette or in any newspaper of general circulation.

Approved,