Amendment to Sec. 43 of General Orders No. 58
Act No. 3785, approved on November 29, 1930, amends Section 43 of General Orders No. 58 regarding the appeals process in the Philippine judicial system. It establishes that appeals can be made from final judgments of the Court of First Instance to the Supreme Court, and outlines the procedure for appealing judgments from a justice of the peace to the Court of First Instance. The convicted party must file a notice of appeal within fifteen days of the judgment, and this period may be interrupted by a motion for a new trial. The act aims to streamline the appeals process and clarify procedural requirements.
Law Information
- Reference Number
- Act No. 3785
- Date Enacted
- Category
- Statutes
- Subcategory
- Acts
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
November 29, 1930
ACT NO. 3785
AN ACT AMENDING SECTION FORTY-THREE OF GENERAL ORDERS NUMBERED FIFTY-EIGHT AS AMENDED BY SECTION THIRTY-FOUR OF ACT NUMBERED SIXTEEN HUNDRED AND TWENTY-SEVEN, AND FOR OTHER PURPOSES
SECTION 1. Section forty-three of General Orders Numbered Fifty-eight, as amended by section thirty-four of Act Numbered Sixteen hundred and twenty-seven, is hereby further amended to read as follows:
"SEC. 43. Appeals. — From all final judgments of the Court of First Instance or courts of similar jurisdiction, and in all cases in which the law now provides for appeals from said courts, an appeal may be taken to the Supreme Court as hereinafter prescribed. The convicted party may appeal from any final judgment of a justice of the peace in a criminal cause to the Court of First Instance by filing a notice of appeal with such justice within fifteen days after the entry of judgment. Upon such notice being so filed, the justice shall forward to the Court of First Instance all original papers and a transcript of all docket entries in the cause, and the provincial fiscal shall thereupon take charge of the cause in behalf of the prosecution: Provided, however, That the period of fifteen days within which the accused may file his notice of appeal either from a judgment of a justice of the peace court or from a judgment of a Court of First Instance shall be interrupted from the time a motion for new trial is filed."
SECTION 2. This Act shall take effect on its approval.
Approved, November 29, 1930.
Cite This Law
Amendment to Sec. 43 of General Orders No. 58, Act No. 3785, Nov 29, 1930 (Philippines)
Amendment to Sec. 43 of General Orders No. 58, Act No. 3785 (Phil. 1930)
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