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OCA CIRCULAR NO. 139-2022

TO ALL CONCERNED JUDGES, CLERKS OF COURT AND

BRANCH CLERKS OF COURT OF THE REGIONAL
TRIAL COURTS

SUBJECT PAYMENT OF FINE AS PART OF CONDITIONS OF

PROBATION AND ISSUANCE OF CLEARANCE/
CERTIFICATE OF NO PENDING CASE IN DRUGS CASES
INVOLVING PLEA BARGAINING AGREEMENTS

Atty. Melvin M. Malang, Clerk of Court VI and Presiding Judge Frazierwin

V. Viterbo, Branch 33, Regional Trial Court (RTC), Guimba, Nueva Ecija, and
Executive Judge Antonio M. Olivete, RTC, Taguig City, brought to the attention of
this Office the matter of issuance of Clearance/ Certificate of No Pending Case after
the accused in a drugs case has obtained a judgment via plea bargaining that imposes
payment of fine, has applied for and has been granted probation, and whether the
clerk of court can withhold the issuance of the said clearance/ certificate until full
payment of the fine.

The Court, in its Resolution dated 10 April 2018 in A.M. No. 18-03-16-SC1
(Adoption of the Plea Bargaining Framework in Drugs Cases), ordered, in part, thus:
"Remarks: 'xxx However, if accused applies for probation in offenses punishable
under R.A. No. 9165, other than for illegal drug trafficking or pushing under Section
5 in relation to Sec. 24 thereof, then the law on probation shall apply. '"

P.D. 968 or the "Probation Law of 1976", as amended by R.A. No. 10707,
states that the court, in the probation order, shall require the probationer to "satisfy
any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.t? (emphasis
supplied)

In this regard, one of the conditions of probation that the court can order is the
full satisfaction of the fine imposed, which shall include amounts not exceeding Ten
Thousand Pesos (PI0,000). This condition will also ensure the collection of fines as
part of the duties of the clerk of court, while respecting the probationer's
constitutional right to due process.

1 Circularized: OCA Circular No. 90-2018 dated 4 May 2018

2 Section 10. Conditions of Probation. (k)
 However, consistent with the ruling in People of the Philippines vs. Salvador
Alapan', if the judgment of conviction that metes out fine as a penalty does not
expressly provide for subsidiary imprisonment in case of insolvency, then the
issuance of Clearance/ Certificate of No Pending Case cannot be withheld, unless
the convict is in custody for other lawful cause.

For guidance and compliance.

2 June 2022

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3 G.R. No. 199527, 10 January 2018, J. Martires