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 BOU…

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 (77 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 of Coron, Palawan v. Cariño (154 SCRA 216 [1987], held that
“[s]tatutes regulating the procedure of the courts will be construed as
applicable to actions pending and undetermined at the time of their
passage,” and that “[p]rocedural laws are retrospective in that sense
and to that extent”;

WHEREAS, the Court, in its decision
in Laguio, Jr. v. Gamet (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 Banc 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 to 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.
Blg. 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.