Article 37-38

Question 1

What are included in costs?

Answer 1

1. Fees; and
2. Indemnities, in the course of judicial proceedings.

Question 2

What is Article 37 of the RPC?

Answer 2

Cost; What are included. - Costs shall include fees and indemnities in the course of the judicial proceedings, whether they be fixed or unalterable amounts previously determined by law or regulations in force, or amounts not subject to schedule.

Question 3

Are costs chargeable to the accused in the case of conviction?

Answer 3

Yes. Costs which are expenses of litigation are chargeable to the accused only in cases of conviction.

In case of acquittal, the costs are de oficio, each party bearing his own expenses.

Question 4

Are there costs against the Republic?

Answer 4

No costs shall be allowed against the Republic of the Philippines, unless otherwise provided by law.

Question 5

Are the payment of costs discretionary?

Answer 5

Yes. The payment is a matter that rests entirely upon the discretion of courts. Appeal will hardly lie to interfere with the discretion.

Question 6

What is Article 38 of the RPC?

Answer 6

Pecuniary liabilities; Order of payment. - In case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following order:

1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings

Question 7

What are the pecuniary liabilities of persons criminally liable?

Answer 7

They are:
1. The reparation of the damage caused.
2. Indemnification of the consequential damages.
3. Fine
4. Costs of proceedings

Question 8

When is Article 38 applicable?

Answer 8

It is applicable in the case of property of the offender should not be sufficient for the payment of all his pecuniary liabilities. The order of payment is provided in this article.

Hence, if the offender has sufficient or no property, there is no use for Article 38.

Question 9

Liability of conjugal partnership assets

Answer 9

Fines and indemnities imposed upon either husband or wife may be enforced against the partnership assets after the responsibilities enumerated in Article 161 of the Civil Code have been covered, if the spouse who is bound should have no exclusive property or if it should be insufficient, which presupposed that the conjugal partnership is still existing.