file:admin_circular_45_2003.htm

Administrative Circular No.
45-2003

RETROACTIVE APPLICATION OF
THE

AMENDMENT TO THE RULE ON
SUMMARY PROCEDURE

OF CRIMINAL CASES TO INCLUDE
WITHIN ITS

COVERAGE VIOLATIONS OF B.P.
BLG. 22, OTHERWISE

KNOWN AS THE BOUNCING CHECKS LAW

WHEREAS, in its resolution of 25
March 2003 in A.M. No. 00-11-01-SC, the Court En Bane resolved to expand
the scope of the Rule on Summary Procedure of criminal cases by including
within its coverage violations of B.P. Big. 22, otherwise known as the Bouncing
Checks Law,

WHEREAS, after its publication
in newspapers of general circulation, the aforementioned amendment became
effective on 15 April 2003;

WHEREAS, the Court, in its
decision as early as 1946 in People v. Sumilang (11 Phil. 764) and reiterated
in its subsequent decisions in Alday v. Camilon (120 SCRA 521 [1983]), Liam
Law v. Olympic Sawmill Co. (129 SCRA 439 [1984]), and Municipal
Government ofCoron, Palawan v. Carino (154 SCRA 216 [1987], held that
"[sjtatutes regulating the procedure of the courts will be construed as
applicable to actions pending and undetermined at the time of their
passage,’" and that "[procedural laws are restrospective in that
sense and to that extent";

WHEREAS, the Court, in its
decision in Laguio, Jr. v. Garnet (171 SCRA 392 [1989]) and
reiterated in its subsequent decision in Atlas Consolidated Mining and
Development Corporation v. Court of Appeals (201 SCRA 51 [1991]),
prescribed a limitation on the retroactive application of procedural laws,
holding that the statutes regulating the procedure of the courts do not apply
"to the extent that in the opinion of the court their application would
not be feasible or would work injustice in which event the former procedure
shall apply "; and

WHEREAS, taking into consideration
the above-mentioned decisions, the Court En Bane approved in its
resolution of 29 July 2003 the issuance of a circular informing all judges of
the retroactive application of the Amendment to the Rule on Summary Procedure
of Criminal cases as approved by the Court in its resolution of 25 March 2003.

NOW THEREFORE, pursuant to the
Resolution of the Court En Bane of 25 March 2003, and in relation in its
Resolutions of 29 July 2003 and 16 September 2003, in A.M. No. 00-11-01-SC, all
judges are hereby directed to apply the Rule on Summary Procedure, as amended,
to criminal cases involving violations of B.P. Big. 22, otherwise known as the Bouncing
Checks Law, which have been pending as of 15 April 2003, provided that such
retroactive application would be feasible or would not work an injustice;
otherwise, the ordinary procedure shall apply.

This Circular shall take
effect immediately.

For strict compliance.

18 September 2003.

(Sgd.) HILARIO G.
DAVIDE, JR.

Chief Justice