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.
“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.
“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.
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.
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